48 U.S.C. § 261

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- Grants“(a) Sector Grants. The Government of the United States shall provide assistance on a sector grant basis as set forth in section 266, subject to the provisions of the 2023 Fiscal Procedures Agreement. These sector grants shall be used for assistance in the sectors of education, health care, private sector development, public sector capacity building, the environment, public infrastructure, enhanced reporting and accountability, and Enewetak development, or for other sectors as mutually decided. The Government of the United States shall monitor the use of such sector grants in accordance with the provisions of this Article and the 2023 Fiscal Procedures Agreement.“(1) Education. United States grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section to support and improve the educational system of the Republic of the Marshall Islands and develop the human, financial, and material resources necessary for the Government of the Republic of the Marshall Islands to perform these services. Emphasis should be placed on advancing a quality basic education system.“(2) Health. United States grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section to support and improve the delivery of preventive, curative, and environmental care and to develop the human, financial, and material resources necessary for the Government of the Republic of the Marshall Islands to perform these services.“(3) Private Sector Development. United States grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section to support the efforts of the Government of the Republic of the Marshall Islands to attract foreign investment and increase indigenous business activity by vitalizing the commercial environment, ensuring fair and equitable application of the law, respecting and promoting internationally recognized fundamental rights at work, maintaining progress toward privatization of state-owned and. partially state-owned enterprises, and engaging in other reforms.“(4) Capacity Building in the Public Sector. United States grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section to support the efforts of the Government of the Republic of the Marshall Islands to build effective, accountable, and transparent national, state, and local government and other public sector institutions and systems.“(5) Environment. United States grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section to increase environmental protection; establish and manage conservation areas; engage in environmental infrastructure planning, design, construction, and operation; and to involve the citizens of the Republic of the Marshall Islands in the process of conserving their country’s natural resources.“(6) Public Infrastructure. United States annual grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section and for projects included in the plan described in Article VII(2) of the 2023 Fiscal Procedures Agreement to assist the Government of the Republic of the Marshall Islands in its efforts to provide adequate public infrastructure.“(7) Enhanced Reporting and Accountability. United States grant assistance under subsection (a) of this section shall be made available in accordance with the plan described in subsection (c) of this section to support the efforts of the Government of the Republic of the Marshall Islands to address the costs of compliance ill4erent in implementing its obligations with respect to sector grant assistance.“(8) Enewetak Development. United States grant assistance under subsection (a) of this section shall be available in accordance with the plan described in subsection (c) of this section to support measures and activities related to development programs for Enewetak, which due to its location and lack of arable land would particularly benefit from assistance with procurement, storage, transportation, administration, and provision of food items.“(b) Infrastructure Maintenance Fund. Beginning in FY 2024, contributions to and administration of the Infrastructure Maintenance Fund shall be governed by the 2023 Fiscal Procedures Agreement.“(c) Budget and Investment Framework. Beginning in the fiscal year after which the 2023 Fiscal Procedures Agreement enters into force, the Government of the Republic of the Marshall Islands shall prepare and maintain an official mediumterm budget and investment framework. The framework shall be strategic in nature, shall be continuously reviewed and updated through the annual budget process, and shall make projections on a multi-year rolling basis. Each of the sectors named in subsection (a) of this section, or other sectors as mutually decided, as well as the assistance described in section 21l(b) and the funds described in section 261(b), section 261(g), section 261(h), and section 261(i), shall be accorded specific treatment in the plan. Those portions of the framework that contemplate the use of United States grant funds provided under section 21l(b), section 261(a), section 261(b), section 26l(e), section 261(f), section 261(g), section 261(h), and section 261(i) shall require the concurrence of the Joint Economic Management and Financial Accountability Committee, as set forth in the 2023 Fiscal Procedures Agreement.“(d) Disaster Assistance Emergency Fund. Beginning in FY 2024, the Government of the United States and the Government of the Republic of the Marshall Islands shall provide amounts to the DAEF from the amounts made available for Sector Grants as set forth in section 266 and to the extent provided in the federal Programs and Services Agreement. Beginning in FY 2024, any funds from the DAEF may be used only for assistance and rehabilitation resulting from disasters and emergencies, or for disaster preparedness activities. Beginning in FY 2024, the DAEF shall be subject to relevant provisions of the 2023 Fiscal Procedures Agreement and the Federal Programs and Services Agreement referred to in section 231.“(e) Additional Education Assistance. Beginning in FY 2024, the Government of the United States shall make available, subject to the provisions of the 2023 Fiscal Procedures Agreement, $22 million in grant assistance for additional sector grants for education to be used specifically for education and job-training programs.“(f) Additional Environment Assistance. Beginning in FY 2024, the Government of the United States shall make available, subject to the provisions of the 2023 Fiscal Procedures Agreement, $30 million in grant assistance for additional sector grants for environment, $20 million of which must be used for environmental feasibility studies and technical assistance and $10 million of which must be used for future environmental programs.“(g) U.S. Supplemental Health Fund and Joint Health Dialogue.“(1) In FY 2024, the Government of the United States shall make available $20 million in grant assistance to deposit into a fund (the ‘U.S. Supplemental Health Fund’) to support the efforts of the Government of the Republic of the Marshall Islands to improve health outcomes in the Republic of the Marshall Islands. Such assistance may only be used for the purpose of implementing programs recommended by a joint health dialogue (the ‘Joint Health Dialogue’) to be established pursuant to an governed by the provisions of the 2023 Fiscal Procedures Agreement.“(2) From FY 2024 through FY 2043, the Government of the United States shall make available up to $8 million in annual grant assistance to deposit into the U.S. Supplemental Health Fund, subject to the provisions of the 2023 Fiscal Procedures Agreement. Such assistance may only be used for the purpose of implementing health programs mutually decided in writing by the Government of the United States and the Government of the Republic of the Marshall Islands, which may include programs recommended by the Joint Health Dialogue.“(3) The U.S. Supplemental Health Fund is subject to the provisions of the 2023 Fiscal Procedures Agreement.“(h) Climate Fund and Working Group. In FY 2024, the Government of the United States shall make available $20 million in grant assistance to deposit into a fund (the ‘Climate Fund’) to obtain additional assistance to better enable the Republic of the Marshall Islands to cope with challenges from climate impacts, including sea-level rise and other environmental challenges that could threaten the existence of the Republic of the Marshall Islands. The Climate Fund may only be used to obtain such additional assistance for climate needs through ways that are identified by a joint climate working group (the ‘Climate Working Group’) to be established pursuant to and governed by the provisions of the 2023 Fiscal Procedures Agreement, and that are mutually decided in writing by the Government of the United States and the Government of the Republic of the Marshall Islands. The Climate Fund is subject to the provisions of the 2023 Fiscal Procedures Agreement.“(i) Kwajalein Development Plan Fund. In FY 2024, the Government of the United States shall make available $132 million in grant assistance to deposit into a fund (the ‘Kwajalein Development Plan Fund’) for projects described in the plan adopted in March 2022 by the Government of the Republic of the Marshall Islands to facilitate resilience and healthy communities throughout Kwajalein Atoll, or, subject to the mutual written decision of the Signatory Governments, a successor plan. The Kwajalein Development Plan Fund shall be subject to the provisions of the 2023 Fiscal Procedures Agreement.“(j) Nuclear Testing Transparency and Museum. Beginning in FY 2024, the Government of the United States shall make available to such entity or entities as selected by mutual decision of the Government of the United States and the Government of the Republic of the Marshall Islands, to be available until expended, $10 million in grant assistance to improve the accessibility of documents and information previously provided to the Government of the Republic of the Marshall Islands relating to the United States nuclear testing program, including waste disposal, in the Republic of the Marshall Islands. In addition, beginning in FY 2024, the Government of the United States shall make available to the College of the Marshall Islands or another entity or entities as selected by mutual decision of the Government of the United States and the Government of the Republic of the Marshall Islands, to be available until expended, $5 million in grant assistance to support efforts by the Government of the Republic of the Marshall Islands, including its National Nuclear Commission, to establish a museum and research facility on the United States nuclear testing program. The Government of the United States may attach any terms and conditions to such assistance.

Notes of Decisions

Cited in 13 cases, 1919–1930 · leading case: Abbate v. United States, 270 F. 735 (9th Cir. 1921).

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Abbate v. United States, 270 F. 735 (9th Cir. 1921). · cites it 2× “53 [ 48 U.S.C.A. § 261 et seq.]), in that he willfully and unlawfully had in his possession for sale intoxicating liquor, and he was sentenced to pay a fine of $800 and to be imprisoned three months in jail.”

Tynan v. United States, 297 F. 177 (9th Cir. 1924). “903 [ 48 U.S.C.A. § 261 et seq.]). The assignments of error are directed against the jury as impaneled, against the information, and against testimony obtained through an unlawful search and seizure.”

Hauptman v. United States, 43 F.2d 86 (9th Cir. 1930). “903 [ 48 U.S.C.A. § 261 et seq,]). They appeal from the judgment and assign on the appeal certain alleged errors occurring at the trial.”

Miller v. United States, 4 F.2d 384 (9th Cir. 1925). “53, approved February 14, 1917 ( 48 U.S.C.A. § 261 et seq.). Error is assigned to a ruling of the court admitting certain testimony of a prohibition agent, who, after testifying that he and one Kinnard, another prohibition officer, while making an investigation, met and talked…”

Peterson v. United States, 297 F. 1002 (9th Cir. 1924). · cites it 2× “903 ( 48 U.S.C.A. § 261 et seq.). Upon appeal to the District Court he was convicted and sentenced to one year in jail in Alaska and to pay a fine of $1,000, and in default of the payment of the fine, to serve a term in the designated jail not to exceed one day for each $2 of…”

Koppitz v. United States, 272 F. 96 (9th Cir. 1921). “The conditions of the bond recite that whereas, Koppitz was on June 2, 1920, before the commissioner for the Cordova precinct, Alaska, duly convicted of the crime of violating the Alaska Bone Dry Law ( 48 U.S.C.A. § 261 et seq.), “by being drunk in the public streets in…”

N. Com. Co. v. Brenneman, 259 F. 514 (9th Cir. 1919). · cites it 2× “53 [ 48 U.S.C.A. § 261 et seq.]), under the title “An act to prohibit the manufacture or sale of alcoholic liquors in the territory of Alaska, and for other purposes.”

Simpson v. United States, 290 F. 963 (9th Cir. 1923). “903 [ 48 U.S.C.A. § 261 et seq.]). A demurrer to the complaint or information was overruled, and after the jury was impaneled the defendant objected to further proceedings or to the introduction of any testimony in the case for the following reasons: First, because the complaint…”

Peterson v. United States, 297 F. 1000 (9th Cir. 1924). “53 [ 48 U.S.C.A. § 261 ]). Peterson was sentenced to nine months in jail and to pay a fine of $900, and upon appeal to the District Court of the Territory of Alaska, he was again convicted.”

Baker v. United States, 4 F.2d 805 (9th Cir. 1925). “903 ( 48 U.S.C.A. § 261 et seq.). Plaintiff in error contends that the search warrant is defective in not sufficiently describing the premises to be searched.”

United States v. Berkeness, 16 F.2d 115 (9th Cir. 1926). “This appeal, taken by the United States, presents the question as to whether a search warrant may be issued under the provisions of the Bone Dry Act ( 48 U.S.C.A. § 261 et seq.), affecting only Alaska Territory, where the place to be searched is used as a dwelling, without a…”

United States v. Richards, 22 F.2d 998 (D. Mass. 1927). “903 , approved February 14, 1917 [48 USCA § 261 et seq.; Comp. St. § 3643b et seq.”

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