48 U.S.C. § 1661

Islands of eastern Samoa

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(a) Ceded to and accepted by United States

The cessions by certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixty-seventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, are accepted, ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively.

(b) Public land laws; revenue

The existing laws of the United States relative to public lands shall not apply to such lands in the said islands of eastern Samoa; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the said islands of eastern Samoa for educational and other public purposes.

Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.

(Feb. 20, 1929, ch. 281, 45 Stat. 1253; May 22, 1929, ch. 6, 46 Stat. 4.)Editorial NotesReferences in Text

The existing laws of the United States relative to public lands, referred to in subsec. (b), are classified generally to Title 43, Public Lands.

Codification

Subsec. (d) of this section, which provided for recommendation of legislation concerning the islands of eastern Samoa by seven commissioners as soon as reasonably practicable, was omitted from the Code.

Section was formerly classified to section 1431a of this title.

Amendments

1929—Subsec. (d). Act May 22, 1929, substituted “seven” and “three” for “six” and “two”, respectively, and inserted “or high chiefs” after “chiefs”.

Statutory Notes and Related SubsidiariesAuthority of Guam, American Samoa, and the Northern Mariana Islands To Enact Revenue Laws

See section 1271 of Pub. L. 99–514, set out as a note under section 931 of Title 26, Internal Revenue Code.

Submerged Lands, Conveyance to Territory

Conveyance of submerged lands to the government of American Samoa, see section 1701 et seq. of this title.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1962–2023 · leading case: Corp. of the Presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints v. Donald P. Hodel, Sec'y of the Interior, 830 F.2d 374 (D.C. Cir. 1987).

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Corp. of the Presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints v. Donald P. Hodel, Sec'y of the Interior, 830 F.2d 374 (D.C. Cir. 1987). · cites it 3× “Finally, the Church was not denied due process of law because Congress put the court system of American Samoa under authority of the Executive Branch; nor was it denied equal protection since Congress, exercising its authority over the territories, did not lack a rational basis…”

United States v. Kil Soo Lee, 472 F.3d 638 (9th Cir. 2006). · cites it 2× “First, Lee contends Congress granted the High Court jurisdiction to enforce American Samoa law pursuant to a chain of delegations that starts with 48 U.S.C. § 1661 . Second, Lee claims that the High Court’s jurisdiction, developed through executive delegations, trumps federal…”

United States v. Lee, 159 F. Supp. 2d 1241 (D. Haw. 2001). · cites it 3× “Lee is not arguing that the United States District Court for the District of Hawaii is the kind of court that cannot try cases brought under Title 18.”

Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Hodel, 637 F. Supp. 1398 (D.D.C. 1986). · cites it 2× “48 U.S.C. § 1661 (c); Exec.Order No. 10264, supra.”

Meaamaile v. Am. Samoa, 550 F. Supp. 1227 (D. Haw. 1982). “The only federal legislation regarding the governance of American Samoa, 48 U.S.C. § 1661 , provides in part: (c) Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be…”

Jake King v. Honorable Rogers C. B. Morton, Sec'y of the Interior of the United States, 520 F.2d 1140 (D.C. Cir. 1975). “48 U.S.C. §§ 1661 , 1662 (1970). The instruments of cession are reproduced at Am.”

Saipan Ex Rel. Guerrero v. United States Dep't of Interior, 356 F. Supp. 645 (D. Haw. 1973). “2057, as amended, with Department of the Interior Order 2918, as amended.”

United States v. Stand. Oil Co. of Cal., 404 U.S. 558 (1972). “1253 , 48 U. S. C. § 1661 , powers to govern the islands are vested in the President, who has delegated the authority to the Secretary of the Interior, Exec.”

Bowoon Sangsa Co. v. Micronesian Indus. Corp., 720 F.2d 595 (9th Cir. 1983). “1253 (codified as amended at 48 U.S. C.A. § 1661(a) (West Supp.1983)), who then delegated it to the Department of Interior, Exec.”

United States v. Lee (9th Cir. 2006). · cites it 2× “First, Lee contends Congress granted the High Court jurisdiction to enforce American Samoa law pursuant to a chain of delega- tions that starts with 48 U.S.C. § 1661 . Second, Lee claims that the High Court’s jurisdiction, developed through execu- tive delegations, trumps…”

Barlow v. Sunia (D. Haw. 2019). “48 U.S.C. § 1661 (c). Originally under the control of the Navy, the President eventually delegated this authority to the Secretary of the Interior (the “Secretary”) pursuant to an Executive Order.”

Hueter v. AST Telecomm LLC (D. Haw. 2023). “” Under 48 U.S.C. § 1661 (c), sometimes referred to as the “Temporary Organic Act,” Congress determined that all judicial power in American Samoa “shall be exercised in such manner as the President of the United States shall direct.”

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— 48 U.S.C. § 1661(a) — 1 case

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