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48 U.S.C. § 461

U.S. CodeFederal
About This Law
pg_id_59591::119-84
Title
48 — Territories and Insular Possessions
Chapter
CH18
Release
119-84
Release Date
2026-04-17

Section Text

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“For the purpose of this Compact the following terms shall have the following meanings:“(a) ‘Trust Territory of the Pacific Islands’ means the area established in the Trusteeship Agreement consisting of the administrative districts of Kosrae, Yap, Palau, Ponape, the Marshall Islands and Truk as described in Title One, Trust Territory Code, Section 1, in force on January 1, 1979. This term does not include the area of the Northern Mariana Islands. “(b) ‘Trusteeship Agreement’ means the agreement setting forth the terms of trusteeship for the Trust Territory of the Pacific Islands, approved by the Security Council of the United Nations April 2, 1947, and by the United States July 18, 1947, entered into force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 U.N.T.S. 189. “(c) ‘Palau’ is used in a geographic sense and includes the land and water areas to the outer limits of the territorial sea and the air space above such areas as now or hereafter recognized by the Government of the United States consistent with the Compact and its related agreements. “(d) ‘Government of Palau’ means the Government established and organized by the Constitution of Palau including all the political subdivisions and entities comprising that Government. “(e) ‘Habitual Residence’ means a place of general abode or a principal, actual dwelling place of a continuing or lasting nature; provided, however, that this term shall not apply to the residence of any person who entered the United States for the purpose of full time studies as long as such person maintains that status, or who has been physically present in the United States or Palau for less than one year, or who is a dependent of a resident representative, as described in Section 152. “(f) For the purposes of Article IV of Title One of this Compact:“(1) ‘Actual Residence’ means physical presence in Palau during eighty-five percent of the period of residency required by Section 141(a)(3); and “(2) ‘Certificate of Actual Residence’ means a certificate issued to a naturalized citizen by the Government which has naturalized him stating that the citizen has complied with the actual residence requirement of Section 141(a)(3). “(g) ‘Defense Sites’ means those land and water areas and improvements thereon in Palau reserved or acquired by the Government of Palau for use by the Government of the United States, as set forth in the related agreements referred to in Section 321. “(h) ‘Capital Account’ means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, which are to be obligated for:“(1) the construction or major repair of capital infrastructure; or “(2) public and private sector projects identified in the official overall economic development plan. “(i) ‘Current Account’ means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, which are to be obligated for recurring operational activities including infrastructure maintenance as identified in the annual budget justifications submitted yearly to the Government of the United States. “(j) ‘Official National Development Plan’ means the documented program of annual development which identifies the specific policy and project activities necessary to achieve a specified set of economic goals and objectives during the period of free association, consistent with the economic assistance authority in Title Two. Such a document should include an analysis of population trends, manpower requirements, social needs, gross national product estimates, resource utilization, infrastructure needs and expenditures, and the specific private sector projects required to develop the local economy of Palau. Project identification should include initial cost estimates, with project purposes related to specific development goals and objectives. “(k) ‘Tariff Schedules of the United States’ means the Tariff Schedules of the United States as amended from time to time and as promulgated pursuant to United States law and includes the Tariff Schedules of the United States Annotated (TSUSA), as amended. “(l) ‘Vienna Convention on Diplomatic Relations’ means the Vienna Convention on Diplomatic Relations, done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500 U.N.T.S. 95.

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