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Bill
Notes

S. 1237 — what changed

Omnibus Territories Act of 2013

From Reported in Senate to Engrossed in Senate. 10 sections amended and 8 removed between Reported in Senate and Engrossed in Senate.

Sec. 3 Amendments to the Consolidated Natural Resources Act

added Section 6 of the Joint Resolution entitled “A Joint Resolution to approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, and for other purposes”, approved March 24, 1976 (Public Law 94–241; 90 Stat. 263, 122 Stat. 854), is amended—

(a)
removed In general— The first section and section 2 of Public Law 93–435 (48 U.S.C. 1705, 1706) are amended by inserting “the Commonwealth of the Northern Mariana Islands,” after “Guam,” each place it appears.
(1)
changed References to date of enactment— For the purposes of the amendment made by subsection (a), each reference in Public Law 93–435 to the date of enactment shall be considered to be a reference to the date of the enactment of this section.subsection (a)—
(A)
added in paragraph (2), by striking “December 31, 2014, except as provided in subsections (b) and (d)” and inserting “December 31, 2019”; and
(B)
added by striking paragraph (6), and inserting the following:

added “(6) Certain Education Funding

added “(A) In general—In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities.

added “(B) Plan for the expenditure of funds—At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Labor, a plan for the expenditure of funds received under this paragraph, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures.

added “(C) Report—The Secretary of Labor shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds.”

(2)
added in subsection (d)—
(A)
added in the third sentence of paragraph (2), by striking “not to extend beyond December 31, 2014, unless extended pursuant to paragraph 5 of this subsection” and inserting “ending on December 31, 2019”;
(B)
added by striking paragraph (5); and
(C)
added by redesignating paragraph (6) as paragraph (5).

Sec. 4 Study of electric rates in the insular areas

(a)
added Definitions— In this section:
(1)
added Comprehensive energy plan— The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 604 of the Act entitled “An Act to authorize appropriations for certain insular areas of the United States, and for other purposes”, approved December 24, 1980 (48 U.S.C. 1492).
(2)
added Energy action plan— The term energy action plan means the plan required by subsection (d).
(3)
added Freely associated states— The term Freely Associated States means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
(4)
added Insular areas— The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands.
(5)
added Secretary— The term Secretary means the Secretary of the Interior.
(6)
added Team— The term team means the team established by the Secretary under subsection (b).
(b)
added Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall, within the Empowering Insular Communities activity, establish a team of technical, policy, and financial experts—
(1)
added to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and
(2)
added to assist each of the insular areas and Freely Associated States in implementing such plan.
(c)
added Participation of regional utility organizations— In establishing the team, the Secretary shall consider including regional utility organizations.
(d)
added Energy action plan— In accordance with subsection (b), the energy action plan shall include—
(1)
added recommendations, based on the comprehensive energy plan where applicable, to—
(A)
added reduce reliance and expenditures on fuel shipped to the insular areas and Freely Associated States from ports outside the United States;
(B)
added develop and utilize domestic fuel energy sources; and
(C)
added improve performance of energy infrastructure and overall energy efficiency;
(2)
added a schedule for implementation of such recommendations and identification and prioritization of specific projects;
(3)
added a financial and engineering plan for implementing and sustaining projects; and
(4)
added benchmarks for measuring progress toward implementation.
(e)
added Reports to secretary— Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan.
(f)
added Annual reports to congress— Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team.
(g)
added Approval of Secretary required— The energy action plan shall not be implemented until the Secretary approves the energy action plan.

removed Section 8103(b)(1)(B) of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note; Public Law 110–28) is amended by striking “2011” and inserting “2011, 2013, and 2015”.

Sec. 5 Reports on estimates of revenues

changed Section 6 of the Joint Resolution entitled “A Joint Resolution to approve the Covenant To Establish a Commonwealth The Comptroller General of the Northern Mariana Islands in Political Union with the United States shall submit to the appropriate committees of America, and for other purposes”, approved March 24, 1976 (Public Law 94–241; 90 Stat. 263), is amended—Congress a report that—

(1)
changed in subsection (a)—evaluates whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands are reasonable; and
(A)
removed in paragraph (2), by inserting after “subsections (b)” the following: “, (c),”; and
(B)
removed by striking paragraph (6), and inserting the following:

removed “(6) Certain Education Funding

removed “(A) In general—In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities.

removed “(B) Plan for the expenditure of funds—At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Homeland Security, a plan for the expenditure of funds, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures.

removed “(C) DHS report—The Secretary of Homeland Security shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds.”

(2)
changed in subsection (c)—as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts.
(A)
removed in paragraph (1), by striking “during the transition period,”; and
(B)
removed by adding at the end the following:

removed “(3) Duration—Notwithstanding any other provision of this Act, the Secretary may classify aliens pursuant to paragraph (1) until the date on which the transition program terminates. If the transition period is extended, the Secretary may continue to classify aliens pursuant to paragraph (1) until the date on which all extensions are terminated.”

(3)
removed in subsection (d)(2), by striking “December 31, 2014” and inserting “December 31, 2019”.

Sec. 6 Low-income home energy assistance program

added With respect to fiscal years 2014 through 2017, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when applied to households located in the Virgin Islands.

(a)
removed Definitions— In this section:
(1)
removed Comprehensive energy plan— The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 604 of the Act entitled “An Act to authorize appropriations for certain insular areas of the United States, and for other purposes”, approved December 24, 1980 (48 U.S.C. 1492).
(2)
removed Energy action plan— The term energy action plan means the plan required by subsection (d).
(3)
removed Freely associated states— The term Freely Associated States means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
(4)
removed Insular areas— The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands.
(5)
removed Secretary— The term Secretary means the Secretary of the Interior.
(6)
removed Team— The term team means the team established by the Secretary under subsection (b).
(b)
removed Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall, within the Empowering Insular Communities activity, establish a team of technical, policy, and financial experts—
(1)
removed to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and
(2)
removed to assist each of the insular areas and Freely Associated States in implementing such plan.
(c)
removed Participation of regional utility organizations— In establishing the team, the Secretary shall consider including regional utility organizations.
(d)
removed Energy action plan— In accordance with subsection (b), the energy action plan shall include—
(1)
removed recommendations, based on the comprehensive energy plan where applicable, to—
(A)
removed reduce reliance and expenditures on imported fossil fuels;
(B)
removed develop indigenous, nonfossil fuel energy sources; and
(C)
removed improve performance of energy infrastructure and overall energy efficiency;
(2)
removed a schedule for implementation of such recommendations and identification and prioritization of specific projects;
(3)
removed a financial and engineering plan for implementing and sustaining projects; and
(4)
removed benchmarks for measuring progress toward implementation.
(e)
removed Reports to secretary— Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan.
(f)
removed Annual reports to congress— Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team.

Sec. 7 Improvements in HUD assisted programs

added Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking “such alien” and all that follows through the period at the end and inserting “citizen or national of the United States shall be entitled to a preference or priority in receiving assistance before any such alien who is otherwise eligible for such assistance.”.

(a)
removed Referendum— As part of the next regularly scheduled, islands-wide election in the Virgin Islands after the date of enactment of this Act, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be established as a part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast.
(b)
removed Chief Financial Officer of the Virgin Islands—
(1)
removed Appointment of Chief Financial Officer—
(A)
removed In general— If the majority of ballots cast in a referendum under subsection (a) approve the establishment of the position of Chief Financial Officer of the Government of the Virgin Islands, the Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under subsection (b)(4). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to subsection (b)(4), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer.
(B)
removed Acting Chief Financial Officer— If a Chief Financial Officer has not been appointed under subparagraph (A) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under subsection (b)(4), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of subparagraph (A). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer.
(2)
removed Duties of Chief Financial Officer— The duties of the Chief Financial Officer shall include the following:
(A)
removed Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public.
(B)
removed Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced.
(C)
removed Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head.
(3)
removed Documents provided— The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer.
(4)
removed Conditions related to Chief Financial Officer—
(A)
removed Term— The Chief Financial Officer shall be appointed for a term of 5 years.
(B)
removed Removal— The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands.
(C)
removed Replacement— If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with paragraph (1).
(D)
removed Salary— The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency.
(c)
removed Establishment of commission—
(1)
removed Establishment— There is established a commission to be known as the Virgin Islands Chief Financial Officer Search Commission.
(2)
removed Duty of commission— The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems.
(3)
removed Membership—
(A)
removed Number and appointment— The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows:
(i)
removed 1 individual appointed by the Governor of the Virgin Islands.
(ii)
removed 1 individual appointed by the President of the Legislature of the Virgin Islands.
(iii)
removed 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands.
(iv)
removed 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John.
(v)
removed 1 individual appointed by the Chamber of Commerce of St. Croix.
(vi)
removed 1 individual appointed by the President of the University of the Virgin Islands.
(vii)
removed 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands.
(viii)
removed 1 individual appointed by the President of AARP Virgin islands.
(B)
removed Terms—
(i)
removed In general— Each member shall be appointed for the life of the Commission.
(ii)
removed Vacancies— A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term.
(C)
removed Basic pay— Members shall serve without pay.
(D)
removed Quorum— Five members of the Commission shall constitute a quorum.
(E)
removed Chairperson— The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie.
(F)
removed Meetings— The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection.
(G)
removed Government employment— Members may not be current government employees, except for the member appointed under subparagraph (A)(iii).
(4)
removed Report; recommendations— The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission’s recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands.
(5)
removed Termination— The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer.
(d)
removed Definitions— For the purposes of this section, the following definitions apply:
(1)
removed Chief Financial Officer— In subsections (a) and (b), the term Chief Financial Officer means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under subsection (a)(1).
(2)
removed Commission— The term Commission means the Virgin Islands Chief Financial Officer Search Commission established pursuant to subsection (b).
(3)
removed Governor— The term Governor means the Governor of the Virgin Islands.
(4)
removed Removal for cause— The term removal for cause means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge.

Sec. 8 Benefit to cost ratio study for projects in American Samoa

(a)
added Study— The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa.

removed The Comptroller General of the United States shall submit to the appropriate committees of Congress a report that—

(b)
changed Contents— evaluates whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the Commonwealth of In conducting the Northern Mariana Islands, Puerto Rico, Guam, and study, the Virgin Islands are reasonable; andComptroller General shall—
(1)
added assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration—
(A)
added the remote locations in, and the cost of transportation to and from, American Samoa; and
(B)
added other significant factors that are not comparable to locations within the 48 contiguous States; and
(2)
added assess, in particular, the use of benefit-to-cost ratio formulas by—
(A)
added the Secretary of Transportation with respect to airport traffic control tower programs; and
(B)
added the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project.
(3)
added Report to Congress— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.
(2)
removed as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts.

Sec. 9 Fishery endorsements

changed With respect to fiscal years 2014 through 2017, the percentage described in section 2605(b)(2)(B)(i) Section 12113 of title 46, United States Code, is amended by adding at the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when applied to households located in end the Virgin Islands.following:

added “(j) Certain exemption—Paragraph (3) of subsection (a) shall not apply to any vessel—

added “(1) that offloads its catch in part or full in American Samoa; and

added “(2) that was rebuilt outside of the United States before January 1, 2011.”

Sec. 10 Effects of Minimum Wage differentials in American Samoa

added Section 8104 of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note) is amended by adding at the end the following:

added “(c) Effects of Minimum Wage differentials in American Samoa—The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 of title 29, Code of Federal Regulations, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to be equal to the minimum wage set forth in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)).”

(a)
removed Definitions— In this section:
(1)
removed Historic site— The term historic site means the Castle Nugent National Historic Site established in subsection (b).
(2)
removed Secretary— The term Secretary means the Secretary of the Interior.
(b)
removed Castle nugent national historic site—
(1)
removed Establishment— There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features.
(2)
removed Boundaries— The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled Castle Nugent National Historic Site Proposed Boundary Map, numbered T22/100,447, and dated October 2009.
(3)
removed Map availability— The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(4)
removed Acquisition of land—
(A)
removed In general— Except as provided in subparagraph (B), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated funds, or exchange.
(B)
removed U.S. virgin island lands— The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange.
(c)
removed Administration—
(1)
removed In general— The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including—
(A)
removed the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq.); and
(B)
removed the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(2)
removed Shared resources— To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service or other Federal assets on the Island of St. Croix to administer the historic site.
(3)
removed Continued use— In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university’s operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site.
(4)
removed Management plan— Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site.

Sec. 11 Office of National Drug Control Policy

(a)
changed Definitions—Caribbean border counternarcotics strategy— In this section:The Office of National Drug Control Policy shall develop a biennial Caribbean Border Counternarcotics Strategy, that is made available to the public, with emphasis on the borders of Puerto Rico and the Virgin Islands of the United States, on terms substantially equivalent to the existing Southwest Border Counternarcotics Strategy and the Northern Border Counternarcotics Strategy.
(b)
added Amendment— Section 704(b)(13)(B) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(b)(13)(B)) is amended by inserting “the borders of Puerto Rico and the Virgin Islands of the United States and” after “in particular”.
(1)
removed Heritage area— The term Heritage Area means the St. Croix National Heritage Area established by subsection (b)(1).
(2)
removed Local coordinating entity— The term local coordinating entity means the local coordinating entity for the Heritage Area designated by subsection (b)(4).
(3)
removed Management plan— The term management plan means the management plan for the Heritage Area required under subsection (d).
(4)
removed Map— The term map means the map entitled “Proposed St. Croix National Heritage Area” and dated [ ___________ ].
(5)
removed Secretary— The term Secretary means the Secretary of the Interior.
(6)
removed State— The term State means St. Croix, U.S. Virgin Islands.
(b)
removed St. Croix National Heritage Area—
(1)
removed Establishment— There is established in the State the St. Croix National Heritage Area.
(2)
removed Conceptual boundaries— The Heritage Area shall consist of the entire island.
(3)
removed Map— A map of the Heritage Area shall be—
(A)
removed included in the management plan; and
(B)
removed on file and available for public inspection in the appropriate offices of the National Park Service.
(4)
removed Local coordinating entity—
(A)
removed In general— The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc.
(B)
removed Membership requirements— Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act.
(c)
removed Administration—
(1)
removed Authorities— For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to—
(A)
removed make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
(B)
removed enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;
(C)
removed hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
(D)
removed obtain money or services from any source including any that are provided under any other Federal law or program;
(E)
removed contract for goods or services; and
(F)
removed undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan.
(2)
removed Duties— The local coordinating entity shall—
(A)
removed in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;
(B)
removed assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—
(i)
removed carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
(ii)
removed establishing and maintaining interpretive exhibits and programs in the Heritage Area;
(iii)
removed developing recreational and educational opportunities in the Heritage Area;
(iv)
removed increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area;
(v)
removed protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
(vi)
removed ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and
(vii)
removed promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;
(C)
removed consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;
(D)
removed conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(E)
removed for any year that Federal funds have been received under this section—
(i)
removed submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);
(ii)
removed make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
(iii)
removed require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
(F)
removed encourage by appropriate means economic viability that is consistent with the Heritage Area.
(3)
removed Prohibition on the acquisition of real property— The local coordinating entity shall not use Federal funds to acquire real property or any interest in real property.
(d)
removed Management plan—
(1)
removed In general— Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2)
removed Requirements— The management plan shall—
(A)
removed incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;
(B)
removed take into consideration State and local plans;
(C)
removed include—
(i)
removed an inventory of—
(I)
removed the resources located in the core area described in subsection (b)(2); and
(II)
removed any other property in the core area that—
(aa)
removed is related to the themes of the Heritage Area; and
(bb)
removed should be preserved, restored, managed, or maintained because of the significance of the property;
(ii)
removed describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development;
(iii)
removed a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area;
(iv)
removed a program of implementation for the management plan by the local coordinating entity that includes a description of—
(I)
removed actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
(II)
removed specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation;
(v)
removed the identification of sources of funding for carrying out the management plan;
(vi)
removed analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and
(vii)
removed a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and
(D)
removed recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area.
(3)
removed Deadline— If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan.
(4)
removed Approval or disapproval of management plan—
(A)
removed In general— Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
(B)
removed Criteria for approval— In determining whether to approve the management plan, the Secretary shall consider whether—
(i)
removed the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
(ii)
removed the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
(iii)
removed the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.
(C)
removed Action following disapproval— If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
(i)
removed advise the local coordinating entity in writing of the reasons for the disapproval;
(ii)
removed make recommendations for revisions to the management plan; and
(iii)
removed not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.
(D)
removed Amendments—
(i)
removed In general— The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
(ii)
removed Use of funds— The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
(e)
removed Relationship to other federal agencies—
(1)
removed In general— Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2)
removed Consultation and coordination— The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
(3)
removed Other federal agencies— Nothing in this section—
(A)
removed modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B)
removed limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C)
removed modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(f)
removed Private property and regulatory protections— Nothing in this section—
(1)
removed abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2)
removed requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
(3)
removed alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity;
(4)
removed authorizes or implies the reservation or appropriation of water or water rights;
(5)
removed diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(6)
removed creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(g)
removed Evaluation; report—
(1)
removed In general— Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A)
removed conduct an evaluation of the accomplishments of the Heritage Area; and
(B)
removed prepare a report in accordance with paragraph (3).
(2)
removed Evaluation— An evaluation conducted under paragraph (1)(A) shall—
(A)
removed assess the progress of the local coordinating entity with respect to—
(i)
removed accomplishing the purposes of this section for the Heritage Area; and
(ii)
removed achieving the goals and objectives of the approved management plan for the Heritage Area;
(B)
removed analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(C)
removed review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3)
removed Report—
(A)
removed In general— Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(B)
removed Required analysis— If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(i)
removed ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(ii)
removed the appropriate time period necessary to achieve the recommended reduction or elimination.
(C)
removed Submission to congress— On completion of the report, the Secretary shall submit the report to—
(i)
removed the Committee on Energy and Natural Resources of the Senate; and
(ii)
removed the Committee on Natural Resources of the House of Representatives.
(h)
removed Termination of authority— The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.

Sec. 12 Drivers' licenses and personal identification cards

(a)
added Definition of State— Section 201(5) of the REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 109–13) is amended by striking “the Trust Territory of the Pacific Islands,”.
(b)
added Evidence of lawful status— Section 202(c)(2)(B) of the REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 109–13) is amended—
(a)
removed Recognition of the suffering and loyalty of the residents of Guam—
(1)
removed Recognition of the Suffering of the Residents of Guam— The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment.
(2)
removed Recognition of the Loyalty of the Residents of Guam— The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II.
(b)
removed Guam World War II Claims Fund—
(1)
removed Establishment of fund— The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the Claims Fund) for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents in accordance with subsections (c) and (d).
(1)
changed Composition of fund— The Claims Fund established under paragraph (1) shall be composed of amounts deposited into in clause (viii), by striking “or” after the Claims Fund under paragraph (3) and any other amounts made available for semicolon at the payment of claims under this Act.end;
(2)
added in clause (ix), by striking the period at the end and inserting “; or”; and
(3)
added by adding at the end the following:

added “(x) is a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau who has been admitted to the United States as a nonimmigrant pursuant to a Compact of Free Association between the United States and the Republic or Federated States.”

(3)
removed Payment of certain duties, taxes, and fees collected from Guam deposited into fund—
(A)
removed In general— Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of—
(i)
removed any amount of duties, taxes, and fees collected under such subsection after fiscal year 2012, over
(ii)
removed the amount of duties, taxes, and fees collected under such subsection during fiscal year 2012,
(B)
removed Application— Subparagraph (A) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under subsection (c) have been made.
(4)
removed Limitation on payments made from fund—
(A)
removed In general— No payment may be made in a fiscal year under subsection (c) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3).
(B)
removed Amounts— For each fiscal year in which funds are deposited into the Claims Fund under paragraph (3), the total amount of payments made in a fiscal year under subsection (c) may not exceed the amount of funds available in the Claims Fund for such fiscal year.
(5)
removed Deductions from fund for administrative expenses— The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 per cent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts.
(c)
removed Payments for Guam World War II claims—
(1)
removed Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment— After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under subsection (d)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of a compensable Guam decedents as follows:
(A)
removed Compensable Guam victim— Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows:
(i)
removed In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000.
(ii)
removed In the case of a victim who is not described in clause (i), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000.
(iii)
removed In the case of a victim who is not described in clause (i) or (ii), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000.
(B)
removed Survivors of compensable Guam decedents— In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with paragraph (2). The Secretary shall make payments under this paragraph only after all payments are made under subparagraph (A).
(2)
removed Distribution of Survivor Payments— A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows:
(A)
removed In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse.
(B)
removed In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
(C)
removed In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
(D)
removed In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who—
(i)
removed had a parent who is living as of such date, the payment shall be made to the parent; or
(ii)
removed had two parents who are living as of such date, the payment shall be divided equally between the parents.
(E)
removed In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made.
(3)
removed Definitions— For purposes of this Act:
(A)
removed Compensable Guam decedent— The term compensable Guam decedent means an individual determined under subsection (d) to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) if a timely claim had been filed under the terms of such Act.
(B)
removed Compensable Guam victim— The term compensable Guam victim means an individual who is not deceased as of the date of the enactment of this Act and who is determined under subsection (d) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following:
(i)
removed Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).
(ii)
removed Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns).
(iii)
removed Forced march, internment, or hiding to evade internment.
(C)
removed Definitions of severe personal injuries and personal injuries— Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2).
(d)
removed Adjudication—
(1)
removed Authority of Foreign Claims Settlement Commission—
(A)
removed In general— The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (c).
(B)
removed Rules and regulations— Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act.
(2)
removed Claims Submitted for Payments—
(A)
removed Submittal of claim— For purposes of paragraph (1)(A) and subject to subparagraph (B), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under subsection (c) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies.
(B)
removed Filing period for claims and notice—
(i)
removed Filing period— An individual filing a claim for a payment under subsection (c) shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in clause (ii).
(ii)
removed Notice of filing period— Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in clause (i)—
(I)
removed in the Federal Register; and
(II)
removed in newspaper, radio, and television media in Guam.
(C)
removed Adjudicatory decisions— The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall—
(i)
removed be by majority vote;
(ii)
removed be in writing;
(iii)
removed state the reasons for the approval or denial of the claim; and
(iv)
removed if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment.
(D)
removed Deductions in payment— The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this subsection, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) before the date of the enactment of this Act.
(E)
removed Interest— No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (c).
(F)
removed Limited compensation for provision of representational services—
(i)
removed Limit on compensation— Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void.
(ii)
removed Penalties— Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both.
(G)
removed Appeals and finality— Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency.
(H)
removed Certifications for payment— After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under subsection (c).
(I)
removed Treatment of affidavits— For purposes of subsection (c) and subject to subparagraph (B), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such subsection as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under subsection (c)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought.
(J)
removed Release of related claims— Acceptance of a payment under subsection (c) by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79–224), the implementing regulations issued by the United States Navy pursuant to such Act (Public Law 79–224), or this Act.

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

removed
(a)
removed In General— Except as provided under subsection (c), local matching requirements required of an affected jurisdiction for Federal programs may be paid in cash or in-kind services provided by the affected jurisdiction pursuant to the following:
(1)
removed Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved in the Compact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2781).
(2)
removed Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved in the Compact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2781).
(3)
removed The Compact of Free Association between the Government of the United States and the Government of the Republic of Palau, approved in the Palau Compact of Free Association Act (Public Law 99–658; 100 Stat. 3672).
(b)
removed Determination of Amounts To Be Considered In-Kind Contributions— The Secretary of the Interior shall determine the amounts that may be considered in-kind contributions for an affected jurisdiction under this section based on a reasonable estimate of the amount of impact expenditures for the Freely Associated States.
(c)
removed Competitive Grants— Local matching requirements required of an affected jurisdiction for Federal competitive grant programs may not be paid with in-kind services under this section.
(d)
removed Affected Jurisdictions— The term affected jurisdiction shall have the meaning given that term in section 104(e) of Public Law 108–188 (117 Stat. 2739).

Sec. 14 Improvements in HUD assisted programs

removed

removed Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking “such alien” and all that follows through the period at the end and inserting “any citizen or national of the United States shall be entitled to a preference or priority in receiving assistance before any such alien who is otherwise eligible for such assistance.”.

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

removed
(a)
removed Study— The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa.
(b)
removed Contents— In conducting the study, the Comptroller General shall—
(1)
removed assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration—
(A)
removed the remote locations in, and the cost of transportation to and from, American Samoa; and
(B)
removed other significant factors that are not comparable to locations within the 48 contiguous States; and
(2)
removed assess, in particular, the use of benefit-to-cost ratio formulas by—
(A)
removed the Secretary of Transportation with respect to airport traffic control tower programs; and
(B)
removed the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project.
(3)
removed Report to Congress— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.

Sec. 16 Waiver of local matching requirements

removed
(a)
removed Waiver of certain matching requirements— Section 501 of the Act entitled “An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes”, approved October 15, 1977 (48 U.S.C. 1469a; 91 Stat. 1164) is amended—
(1)
removed in the last sentence of subsection (d), by striking “by law”; and
(2)
removed by adding at the end the following new subsection:

removed “(e) Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands, each department or agency of the United States shall waive any requirement for local matching funds (including in-kind contributions) that the insular area would otherwise be required to provide for any non-competitive grant as follows:

removed “(1) For a grant requiring matching funds (including in-kind contributions) of $500,000 or less, the entire matching requirement shall be waived.

removed “(2) For a grant requiring matching funds (including in-kind contributions) of more than $500,000, $500,000 of the matching requirement shall be waived.”

(b)
removed Conforming amendment— Section 601 of the Act entitled “An Act to authorize appropriations for certain insular areas of the United States, and for other purposes”, approved March 12, 1980 (48 U.S.C. 1469a note; 94 Stat. 90), is amended by striking “, and adding the following sentence” and all that follows through “Islands’.”.

Sec. 17 Fishery endorsements

removed

removed Section 12113 of title 46, United States Code, is amended by adding at the end the following:

removed “(j) Certain exemption—Paragraph (3) of subsection (a) shall not apply to any vessel—

removed “(1) the catch of which, pursuant to the fishery endorsement, is offloaded and processed in American Samoa; and

removed “(2) that was rebuilt outside of the United States before January 1, 2011.”

Sec. 18 Effects of minimum wage differentials in American Samoa

removed

removed Section 8104 of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note) is amended by adding at the end the following:

removed “(c) Effects of Minimum Wage differentials in American Samoa—The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 of title 29, Code of Federal Regulations, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to be equal to the minimum wage set forth in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)).”

Sec. 19 American Samoa Citizenship Plebiscite Act

removed
(a)
removed Short title— This section may be cited as the “American Samoa Citizenship Plebiscite Act”.
(b)
removed Findings and purpose—
(1)
removed Findings— Congress finds the following:
(A)
removed Under the Immigration and Nationality Act, persons born in Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are citizens of the United States at birth. Persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth.
(B)
removed The term national of the United States is defined under the Immigration and Nationality Act to include persons who, though not citizens of the United States, owe permanent allegiance to the United States.
(C)
removed For more than 100 years, American Samoans who are United States nationals have demonstrated their loyalty and allegiance to the United States. On April 17, 1900, the village chiefs of Tutuila and Aunu’u ceded their islands to the United States. On July 16, 1904, his Majesty King Tuimanu’a of the Manu’a Islands and his village chiefs did the same. On February 20, 1929, the United States Congress officially ratified the Treaty of Cession of Tutuila and Aunu’u and the Treaty of Cession of Manu’a. On March 4, 1925, by Joint Resolution of the United States Congress, American sovereignty was officially extended over Swains Island and it was placed under the jurisdiction of the government of American Samoa.
(D)
removed Since ratification of the Treaties of Cession, many American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States during World War II, the Korean, Vietnam, and Persian Gulf wars, and most recently in Iraq and Afghanistan.
(E)
removed It is the responsibility of the Secretary of Interior to advance the economic, social and political development of the territories of the United States.
(2)
removed Purpose— The purpose of this section is to provide for a federally authorized vote in American Samoa on the question of citizenship and if a majority of voters vote for citizenship, to describe the steps that the President and Congress shall take to enable American Samoans to be granted citizenship.
(c)
removed Citizenship vote— The Secretary of Interior shall direct the American Samoa Election Office to conduct a plebiscite on the issue of whether persons born in American Samoa desire United States citizenship.

removed “As United States Citizens:

removed “(A) Individuals born in American Samoa would be United States citizens by Federal law.

removed “(B) All persons living in American Samoa who are United States nationals will become United States citizens. Persons born in American Samoa will no longer be United States nationals.”

Sec. 20 Eligibility for marine turtle conservation assistance

removed

removed The Marine Turtle Conservation Act of 2004 is amended—

(1)
removed in each of sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)), by inserting “and territories of the United States” after “foreign countries” each place it appears;
(2)
removed in section 3 (16 U.S.C. 6602), by adding at the end the following:

removed “(7) Territory of the United States—The term territory of the United States means each of the several States of the United States, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.”

(3)
removed in section 4(b)(1)(A) (16 U.S.C. 6603(b)(1)(A)), by inserting “or territory of the United States” after “foreign country”.