La relevancia del referendo escocés para Puerto Rico

El pueblo de Escocia ayer celebró un referendo para escoger entre preservar la unión de Escocia con los demás países del Reino Unido (que incluyen a Inglaterra, Gales e Irlanda del Norte) o adoptar la independencia. Una mayoría de los electores rechazó la independencia y favoreció la permanencia de Escocia en el Reino Unido.

Este suceso surge ya que en el 2012 el primer ministro británico David Cameron y el ministro principal escocés Alex Salmond acordaron celebrar un referendo vinculante para decidir el futuro político de Escocia. Dos años después, el Parlamento del Reino Unido cumplió con lo prometido.

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Mientras tanto, en Puerto Rico, bien gracias. El Congreso de los Estados Unidos no le ha brindado a los puertorriqueños un proceso vinculante sobre estatus en los 116 años desde que asumió soberanía sobre Puerto Rico. El último proyecto de ley sobre estatus para Puerto Rico, el H.R. 2000 del Comisionado Residente Pedro Pierluisi, no recibió atención del Comité de Recursos Naturales de la Cámara de Representates federal y, ante la proximidad de las elecciones 2014, murió engavetado.

La ironía no podría ser mayor. El Reino Unido, cuyo abuso colonial propició la creación de los Estados Unidos, ayer dio cátedra democrática. Mientras, el Gobierno de los Estados Unidos, sucesor de las 13 colonias que lucharon por su libertad, atenta contra su propia imagen como portaestandarte global de la democracia al mantener a Puerto Rico en estado de coloniaje.

ballot_paperCabe resaltar que la papeleta de la votación escocesa fue un monumento a la simpleza y la eficacia. Como vemos en la foto a la izquierda, la misma le preguntó a los electores: “Debería Escocia ser un país independiente?”, sí o no. Así de sencillo. La papeleta no incluyó opciones engañosas (“ELA soberano“) o inválidas  (“ELA mejorado“). Tampoco incluyó descripciones innecesariamente complejas.

Al considerar la simpleza de la papeleta, no sorprende entonces la claridad del resultado, en el cual el 55% de los electores escoceses rechazaron la independencia. Sin duda, las consultas más simples producen los resultados más contundentes. Esto porque no dejan espacio para idear conjeturas sobre la intención del elector.

Por otro lado, la reacción de ciertos medios periodísticos en Puerto Rico a los resultados del referendo de Escocia contrastan con su cobertura de los resultados del plebiscito de estatus del 2012. La terminología usada es particularmente reveladora. Sobre Escocia, El Nuevo Día consideró que los escoceses “rechazaron por amplio margen la independencia” y que el “No” “arrasó” al obtener un 55 por ciento. Todavía esperamos que apliquen adjetivos de tal contundencia para describir la victoria del “No” (54 por ciento de los votos) y de la estadidad (61 por ciento) en Puerto Rico. Asimismo, el reportaje sobre Escocia tampoco incluye editoriales del periodista José Delgado adjudicando papeletas en blanco como votos en contra de la opción de estatus que el Grupo Ferré Rangel rechaza.

A la par, resulta irónico que el presidente demócrata Barack Obama celebró el voto unionista de los escoceses, mientras que durante su presidencia ha callado sobre los derechos civiles de 3.8 millones de ciudadanos americanos en Puerto Rico. Obama incluso se comprometió en el 2009 a resolver el problema de estatus de Puerto Rico durante su primer término, promesa que incumplió.

Screen Shot 2014-09-19 at 7.26.43 PMEs indignante que nuestro presidente opine sobre el estatus político de un país foráneo pero ignore el reclamo de estadidad plasmado en las urnas por sus propios conciudadanos el 6 de noviembre de 2012. Al fin y al cabo, el último presidente en apoyar públicamente la estadidad fue el republicano George H. W. Bush, precedido este por los también republicanos Ronald Reagan y Gerald Ford.

Finalmente, del ejemplo de Escocia se desprende que si a los puertorriqueños se nos consulta nuevamente sobre el estatus de Puerto Rico, aún con el claro mandato de noviembre del 2012, merecemos un proceso vinculante con opciones claras: estadidad o independencia. La presentación de estas dos opciones en un referendo nos permitirá a los puertorriqueños conformar un mandato mayoritario y contundente que resuelva nuestro eterno problema de estatus.

En fin, el ahora ex ministro principal escocés Salmond indicó que la votación de ayer decidió el asunto de la independencia para Escocia por una generación. Tarde o temprano Escocia celebrará otra consulta. Mientras tanto, luchemos para que los puertorriqueños podamos decidir nuestro futuro antes de que Escocia se nos adelante nuevamente y haga lo propio.

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NOTA: José Cabrera Costas (@JCabreraCostas) es abogado, notario público y propietario de Cabrera Costas Law Office. En el 2007 reactivó el Puerto Rico Statehood Students Association (PRSSA) y fue su Presidente Nacional hasta el 2009.  Luego lanzó el Proyecto Estrella para orientar sobre la estadidad de cara al plebiscito de estatus del 2012. Ha discutido sobre la estadidad en programas como The Stream de Al Jazeera America.

Sobre la audiencia de estatus del Senado federal

Esta mañana el Comité de Energía y Recursos Naturales del Senado de los Estados Unidos celebró una audiencia para discutir el estatus político de Puerto Rico y los resultados del plebiscito de noviembre de 2012 en el que los electores rechazaron el estatus territorial actual de Puerto Rico y escogieron la estadidad.

El presidente del Comité, el senador Ron Wyden de Oregon, reconoció que Puerto Rico ha sido un territorio no incorporado de los Estados Unidos desde 1898.  Asimismo reconoció que no resolver el problema de estatus de Puerto Rico contribuye a los problemas de Puerto Rico.  Concluyó que Puerto Rico tiene que atender su estatus para resolver sus problemas y lograr su máximo potencial como sociedad.

El senador Ron Wyden de Oregon

El senador Ron Wyden de Oregon

Wyden reconoció que una clara mayoría de los puertorriqueños rechazamos el estatus territorial.  Indicó que el “ELA mejorado” no es una opción para resolver el estatus y que Puerto Rico tiene solo dos opciones: estadidad o independencia.

Posteriormente, la senadora Lisa Murkowski de Alaska reconoció que el estatus territorial no cuenta con el apoyo mayoritario de los puertorriqueños.  Sin embargo, aseveró que la segunda pregunta del plebiscito no arrojó resultados claros, cosa que nos parece inverosímil considerando que el 61.6% de los electores que contestaron esa pregunta endosaron la estadidad.

El Comisionado Residente Pedro Pierluisi aseveró que el estatus territorial perdió el apoyo de la mayoría de los puertorriqueños.  Indicó que la Comisión Estatal de Elecciones de Puerto Rico certificó los resultados del plebiscito a favor de la estadidad y en contra del estatus territorial.  Añadió que este plebiscito marcó la primera vez que la estadidad obtuvo más votos que el territorio.

Acto seguido, el senador Wyden preguntó si el territorio debiera aparecer como opcíon de estatus en otra consulta.  Al evadir contestar esta pregunta, el Gobernador Alejandro García Padilla indicó que el “Estado Libre Asociado” no estaba en la papeleta y que el ELA no es un territorio.  Sin embargo, en el 2012 el propio García Padilla reconoció en el programa del periodista Jorge Ramos que Puerto Rico está sujeto a la Cláusula Territorial de la Constitución de los Estados Unidos.

Pierluisi dijo que la opción de territorio fue rechazada por los electores y que ésta no debería ser opción para resolver el problema.  Rubén Berríos también contestó lo mismo.

En uno de los momentos más reveladores de la audiencia, la senadora Murkowski le preguntó al Gobernador García Padilla qué es el “ELA mejorado”.  García Padilla no pudo contestar.  Posteriormente el senador Martin Heinrich de Nuevo México también le hizo la misma pregunta a García Padilla, la que tampoco pudo contestar.  Acto seguido, Rubén Berríos indicó jocosamente que nadie sabe lo que es el “ELA mejorado”.  García Padilla luego admitió en conferencia de prensa que le es difícil explicar el concepto de “ELA mejorado”.

Mientras, el excandidato a Comisionado Residente por el Partido Popular Democrático Rafael Cox Alomar reconoció que la comparecencia del Gobernador García Padilla a la vista senatorial fue una debacle e invitó a los miembros del PPD a realizar “un reexamen total”.

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Nuevos nombramientos al gabinete de PRSSA

El Presidente de la Asociación de Estudiantes Estadistas de Puerto Rico (PRSSA, por sus siglas en inglés), Josué Rivera, anunció hoy, miércoles, el nombramiento de importantes miembros del gabinete de su organización para el año académico 2013-2014.

Gustavo Bravo fue nombrado como nuevo Director Ejecutivo de PRSSA.  Bravo es estudiante de Ingeniería del Recinto Universitario de Mayaguez, donde se destaca como senador académico y tesorero del Consejo General de Estudiantes.

Mientras, Elisa Muñoz será Directora de Comunicaciones de PRSSA.  Muñoz es estudiante de maestría en Comunicaciones en la Universidad del Sagrado Corazón y es egresada del Recinto de Río Piedras de la Universidad de Puerto Rico.

Por otro lado, Rivera nombró a Carla Amundaray como Co-Directora Política para los republicanos y a Amy Wiliams como Co-Directora Política para los demócratas.  Ambas son estudiantes de George Washington University en Washington, DC.

También, Luis R. Fortuño, estudiante de Georgetown University e hijo del exgobernador Luis Fortuño, será miembro de la Junta de Asesores de PRSSA.  En la Junta le acompañará Julio Cabral, ex Director Ejecutivo de PRSSA y graduado de Cornell University.  Fortuño y Cabral fueron líderes de Estadistas Unidos durante la pasada campaña del 2012 y organizaron una campaña de voto ausente universitario.

También son miembros de la Junta el ex Secretario de Estado Kenneth McClintock, el exgobernador Luis Fortuño, el Comisionado Residente Pedro Pierluisi, el ex Secretario de Estado Adjunto José Rodríguez Suárez, el doctor Fernando Sepúlveda y el licenciado José Cabrera, director de Proyecto Estrella.

PRSSA es la organización de estudiantes estadistas más grande de Puerto Rico y frecuente colaboradora de Proyecto Estrella.

Unidos por Barbosa

Hoy, sábado 27 de julio, los jóvenes de Proyecto Estrella y la Asociación de Estudiantes Estadistas de Puerto Rico (PRSSA, por sus siglas en inglés) celebramos el natalicio de José Celso Barbosa y honramos su legado ante un movimiento estadista unido en el Cementerio Santa María Magdalena de Pazzis en el Viejo San Juan.

Contamos con la presencia del Comisionado Residente Pedro Pierluisi, el doctor Ricardo Rosselló, el expresidente del PNP Leo Díaz, el ex Secretario de Estado Kenneth McClintock y el expresidente de la Cámara de Representantes José Aponte, entre otros líderes del PNP y organizaciones estadistas.

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El Comisionado Residente Pedro Pierluisi se dirige a los presentes.

El Partido Republicano de Puerto Rico ofreció un arreglo floral mediante sus representantes la Sra. Arlene Duteil y el Sr. César Segarra.  Barbosa fundó el Partido Republicano de Puerto Rico el 4 de julio de 1899 en San Juan y fue su principal ideólogo.

Concluida la actividad, nos dirigimos a la Casa José Celso Barbosa en Bayamón, hogar donde nació Barbosa en 1857, donde compartimos con otros buenos estadistas.

Para ver el álbum de fotos, oprime este enlace.

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El Dr. Ricardo Rosselló acompañado por su esposa Beatriz Rosselló y el Lcdo. Leo Díaz Urbina.

En particular, agradezco al Lcdo. Pierluisi y al Dr. Rosselló, así como sus equipos y colaboradores, por tomar de su tiempo para compartir con nosotros y honrarnos con su presencia.  También agradezco a los funcionarios del Partido Nuevo Progresista, al Partido Republicano de Puerto Rico y a todos los estadistas que se dieron cita e hicieron de éste un evento memorable.

Por otro lado, reconozco la labor del equipo de PRSSA, particularmente a su presidente Josué Rivera, su vicepresidente Pedro Díaz, su directora de comunicaciones Elisa Muñoz, su líder capitular Inter-Metro Christian Kercadó y su director ejecutivo Gustavo Bravo.  Fue un placer colaborar con ustedes y me complace saber que PRSSA, organización que reactivé y presidí, tiene un futuro brillante por delante.

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El Lcdo. José Cabrera junto a representación del Partido Republicano de Puerto Rico.

En fin, ante un Gobierno que desacata el mandato del Pueblo en contra de la colonia y a favor de la estadidad, nos corresponde seguir el ejemplo de Barbosa, quien nos instó a educar y combatir para lograr la igualdad política para todos los puertorriqueños.

Honremos a Barbosa luchando por la estadidad con mayor ahínco y tenacidad.  Ese es el verdadero tributo al prócer.

Sinceramente,

Lcdo. José Cabrera

Gobierno de Puerto Rico combate mandato del Pueblo con fondos públicos

Ayer trascendió mediante el blog soyPATRIA que la Administración de Asuntos Federales de Puerto Rico (PRFAA, por sus siglas en inglés) utiliza fondos públicos para cabildear en Washington, DC en contra del mandato que dio el Pueblo en el pasado plebiscito en rechazo al estatus territorial de Puerto Rico y a favor de la estadidad.

GOBIERNO DE PUERTO RICO MANIPULA RESULTADOS DEL PLEBISCITO

Juan Eugenio Hernández Mayoral, exsenador por el Partido Popular Democrático (PPD) y actual Director Ejecutivo de PRFAA, cursó una carta con fecha del 15 de mayo de 2013 a miembros del Congreso cuyo contenido manipula los resultados del plebiscito del pasado 6 de noviembre.

OPRIME EL SIGUIENTE ENLACE PARA DESCARGAR LA CARTA: Carta de PRFAA 

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Carta de Juan Eugenio Hernández Mayoral

La carta de Hernández Mayoral fundamenta su argumento en la Resolución Concurrente Núm. 24 que el pasado 14 de mayo de 2013 aprobó la Asamblea Legislativa de Puerto Rico controlada por el Partido Popular Democrático.

En su misiva, Hernández Mayoral asegura que el contenido de la Resolución representa la posición oficial del Gobierno de Puerto Rico bajo el Gobernador Alejandro García Padilla sobre los resultados del plebiscito.

A saber, en dicha consulta una mayoría de 54% rechazó el actual estatus territorial de Puerto Rico y una mayoría de 61% favoreció la estadidad como estatus permanente para Puerto Rico.  Así lo hizo constar la Comisión Estatal de Elecciones mediante certificación.

Posteriormente la Casa Blanca de Barack Obama reconoció que los resultados del plebiscito fueron claros y que una mayoría de los electores puertorriqueños escogió la estadidad.

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Politico.com reporta sobre la postura de Casa Blanca ante el plebiscito.

Sin embargo, la Resolución de la Asamblea Legislativa increíblemente asevera que los resultados del plebiscito no fueron claros.

Asimismo, la Resolución indica que el Pueblo de Puerto Rico rechazó la estadidad.  Para llegar a esta conclusión, la Resolución indica que en los resultados se deben contar las papeletas en blanco como votos en contra de la estadidad.

Así, el Partido Popular Democrático pretende diluir el porcentaje mayoritario de 61% que recibió la estadidad y reducirlo a un ficticio 44%.  Es mediante este proceso de alquimia matemática que la Asamblea Legislativa aduce que un 56% de los electores rechazó la estadidad.

No obstante esta posición fantasiosa e inverosímil , las pretensiones de la Asamblea Legislativa chocan con el derecho vigente en Puerto Rico.

PAPELETAS EN BLANCO NO CUENTAN

El Tribunal Supremo de Puerto Rico estableció en el caso Suárez Cáceres v. Comisión Estatal de Elecciones (2009 TSPR 97) que las papeletas en blanco no se cuentan en los resultados.  Esto porque las papeletas en blanco no son votos y por tanto no se incluyen en los resultados oficiales de una elección o consulta.

El juez asociado Erick Kolthoff Caraballo, quien escribió la opinión del Tribunal, nos indica:

La intención de un elector que deposita su papeleta en blanco […] es expresar su inconformidad, ya sea con las propuestas presentadas o con los candidatos disponibles en ésta. No obstante, tal voto de ninguna manera puede ser contado para efectos de influir o afectar el resultado de una elección, referéndum o plebiscito, entre otros eventos electorales.

Contrario a lo que propone la Asamblea Legislativa popular, el Tribunal Supremo dictaminó que no puede utilizarse la papeleta en blanco de un elector “para que se cuente –ya sea a favor o en contra de candidato u opción alguna- si su intención claramente ha sido lo contrario.”

Como vemos, la opinión de la Asamblea Legislativa y del gobierno de turno de que las papeletas en blanco se deben adjudicar como votos en contra de la estadidad no tiene base legal.

Cabe resaltar que la decisión en Suárez Cáceres v. CEE surgió como resultado de una demanda incoada por Jorge Suárez Cáceres, actual senador y Secretario General del Partido Popular Democrático, quien irónicamente pidió que no se contaran papeletas en blanco emitidas en las elecciones generales de 2008.

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Secretario General del PPD Jorge Suárez Cáceres

Suárez Cáceres entonces exigió que se descartaran las papeletas en blanco para él ocupar el último escaño senatorial disponible para el PPD al aplicar la disposición constitucional sobre minorías.  El Tribunal Supremo resolvió a su favor y permitió su elección como senador, quedando José Luis Dalmau Santiago fuera del Senado.

Por otro lado, discutiendo el asunto de las papeletas en blanco, el exgobernador Aníbal Acevedo Vilá ha sido categórico sobre la invalidez de dichas papeletas.  El exmandatario popular aprovechó una entrevista con Univisión justo antes del plebiscito del 2012 para recalcar que “una papeleta en blanco no se cuenta”.

Acto seguido, Acevedo Vilá exhortó a los electores del PPD a no dejar la papeleta plebiscitaria en blanco y a votar por el estatus territorial en la primera pregunta y por la libre asociación en la segunda.

ACTUACIONES DEL GOBIERNO ATENTAN CONTRA LA DEMOCRACIA

Las ejecutorias de Hernández Mayoral y la oficina de PRFAA en contra de los resultados del plebiscito constituyen actos ilegales que atentan contra la democracia en Puerto Rico.

Por medio de esta dependencia gubernamental, el Gobernador Alejandro García Padilla utiliza fondos públicos para hacer falsas representaciones sobre los resultados del plebiscito ante el gobierno federal y el Congreso.  Así, García Padilla se burla del electorado puertorriqueño y socava el mandato plebiscitario del mismo Pueblo que lo eligió gobernador.

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Gobernador Alejandro García Padilla

Además de atentar contra los principios más básicos de la democracia, la Administración García Padilla demuestra que “le vale” el estado de derecho en Puerto Rico y las decisiones del Tribunal Supremo.

Sin embargo, esto no debe sorprender ya que las ramas políticas controladas por el Partido Popular Democrático recientemente han desarrollado un patrón nefasto de ignorar las decisiones del Tribunal Supremo que no le favorecen.

El caso omiso del Gobierno de Puerto Rico al precedente de Suárez Cáceres v. CEE se suma a la recientes declaraciones del Presidente del Senado Eduardo Bhatia de que ignorará al Tribunal Supremo y las expresiones del Gobernador Alejandro García Padilla llamando “enemigos interiores” a miembros del alto tribunal.

Varios comentaristas han aseverado que estas actuaciones están propiciando una incipiente crisis constitucional en Puerto Rico.

A RESPETAR EL MANDATO DEL PUEBLO

Ante estas actuaciones ilegales y antidemocráticas del Gobierno de Puerto Rico, el movimiento estadista espera que el Comisionado Residente y Presidente del Partido Nuevo Progresista (PNP) Pedro Pierluisi haga valer su advertencia previa de que “estamos listos para acudir a los tribunales a la primera gestión que realicen con fondos públicos en contra del resultado plebiscitario”.

Asimismo, los puertorriqueños no podemos permitir que la Administración García Padilla utilice nuestro dinero para negarnos el rumbo que escogimos como Pueblo.

El Gobierno de Puerto Rico tiene una obligación legal y moral de hacer valer los resultados del plebiscito.  El gobierno de turno podrá diferir de la opinión del Pueblo en cuanto al futuro estatus de Puerto Rico, pero no puede obstaculizar el cambio de estatus que ese Pueblo pidió en las urnas.

Acta de admisión de Hawai’i

An Act to Provide for the Admission of the State of Hawaii into the Union

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled “An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor”, approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

§ 2.

The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (off-shore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.

§ 3.

The constitution of the State of Hawaii shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

§ 4.

As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legislation, but the Hawaiian home-loan fund, the Hawaiian home-operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the “available lands”, as defined by said Act, shall be used only in carrying out the provisions of said Act.

§ 5.

(a) Except as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the case may be, shall succeed to the title of the Territory of Hawaii and its subdivisions in those lands and other properties in which the Territory and its subdivisions now hold title.

(b) Except as provided in subsections (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States’ title to all the public lands and other public property, and to all lands defined as “available lands” by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii.

(c) Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be.

(d) Any public lands or other public property that is conveyed to the State of Hawaii by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, or permission, written or verbal, from the Territory of Hawaii or any department thereof may, at any time during the five years following the admission of Hawaii into the Union, be set aside by Act of Congress or by Executive order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States. [Am July 12, 1960, Pub L 86-624, 74 Stat 422]

(e) Within five years from the date Hawaii is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that the land or property is no longer needed by the United States it shall be conveyed to the State of Hawaii.

(f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university.

(g) As used in this Act, the term “lands and other properties” includes public lands and other public property, and the term “public lands and other publicproperty” means, and is limited to, the lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation approved July 7, 1898 (30 Stat. 750), or that have been acquired in exchange for lands or properties so ceded.

(h) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Hawaii or its political subdivisions pursuant to subsection (a)(b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Hawaii into the Union.

(i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session, 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Hawaii, and the said State shall have the same rights as do existing States thereunder.

§ 6.

As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such fact to the Governor of the Territory of Hawaii. Thereupon the Governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue his proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Hawaii, and for two Senators and one Representative in Congress. In the first election of Senators from said State the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

§ 7.

(a) The proclamation of the Governor of Hawaii required by section 6 shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in section 6 shall be chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Hawaii for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Hawaii may prescribe. The Governor of Hawaii shall certify the results of said elections, as so ascertained, to the President of the United States.

(b) At an election designated by proclamation of the Governor of Hawaii, which may be either the primary or the general election held pursuant to subsection (a) of this section, or a territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions:

“(1) Shall Hawaii immediately be admitted into the Union as a State?

“(2) The boundaries of the State of Hawaii shall be as prescribed in the

Act of Congress approved _______________________________________

(Date of approval of this act)

and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.

“(3) All provisions of the Act of Congress approved _______________________

(Date of approval of this act)

reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people.”

In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Hawaii, ratified by the people at the election held on November 7, 1950, shall be deemed amended as follows: Section 1 of article XIII of said proposed constitution shall be deemed amended so as to contain the language of section 2 of this Act in lieu of any other language; article XI shall be deemed to include the provisions of section 4 of this Act; and section 8 of article XIV shall be deemed amended so as to contain the language of the third proposition above stated in lieu of any other language, and section 10 of article XVI shall be deemed amended by inserting the words “at which officers for all state elective offices provided for by this constitution and two Senators and one Representative in Congress shall be nominated and elected” in lieu of the words “at which officers for all state elective offices provided for by this constitution shall be nominated and elected; but the officers so to be elected shall in any event include two Senators and two Representatives to the Congress, and unless and until otherwise required by law, said Representatives shall be elected at large”.

In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective.

The Governor of Hawaii is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Hawaii, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States.

(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Hawaii, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 6 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained.

Upon the issuance of said proclamation by the President, the State of Hawaii shall be deemed admitted into the Union as provided in section 1 of this Act. Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Territory, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Hawaii into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representatives in the manner required by law, and the said Senators and Representatives shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

§ 8.

The State of Hawaii upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., § 2a), for the Eighty-third Congress and each Congress thereafter.

§ 9.

Effective upon the admission of the State of Hawaii into the Union –

(a) the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall henceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States; Provided, however, That the terms of office of the district judges for the District of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior;

(b) the last paragraph of section 133 of title 28, United States Code, is repealed; and

(c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words “Hawaii and”. The second sentence of the same section is amended by striking out the words “Hawaii and”, “six and”, and “respectively”.

§ 10.

Statute text Effective upon the admission of the State of Hawaii into the Union the second paragraph of section 451 of title 28, United States Code, is amended by striking out the words “including the district courts of the United States for the districts of Hawaii and Puerto Rico,” and inserting in lieu thereof the words “including the United States District for the District of Puerto Rico,”.

§ 11.

Statute text Effective upon the admission of the State of Hawaii into the Union –

(a) the last paragraph of section 501 of title 28, United States Code, is repealed;

(b) the first sentence of subsection (a) of section 504 of title 28, United States Code, is amended by striking out at the end thereof the words “, except in the District of Hawaii, where the term shall be six years”;

(c) the first sentence of subsection (c) of section 541 of title 28, United States Code, is amended by striking out at the end thereof the words “, except in the District of Hawaii where the term shall be six years”; and

(d) subsection (d) of section 541 of title 28, United States Code is repealed.

§ 12.

No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law.

All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii.

§ 13.

Statute text Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union.

§ 14.

Effective upon the admission of the State of Hawaii into the Union –

(a) title 28, United States Code, section 1252, is amended by striking out “Hawaii and” from the clause relating to courts of record;

(b) title 28, United States Code, section 1293, is amended by striking out the words “First and Ninth Circuits” and by inserting in lieu thereof “First Circuit”, and by striking out the words, “supreme courts of Puerto Rico and Hawaii, respectively” and inserting in lieu thereof, “supreme court of Puerto Rico”;

(c) title 28, United States Code, section 1294, as amended, is further amended by striking out paragraph (4) thereof and by renumbering paragraphs (5) and (6) accordingly;

(d) the first paragraph of section 373 of title 28, United States Code, as amended, is further amended by striking out the words “United States District Courts for the districts of Hawaii or Puerto Rico,” and inserting in lieu thereof the words “United States District Court for the District of Puerto Rico,”; and by striking out the words “and any justice of the Supreme Court of the Territory of Hawaii”: Provided, That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection: And provided further, That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of this Act;

(e) section 92 of the Act of April 30, 1900 (ch. 339, 31 Stat. 159), as amended, and the Act of May 29, 1928 (ch. 904, 45 Stat. 997), as amended, are repealed;

(f ) section 86 of the Act approved April 30, 1900 (ch. 339, 31 Stat. 158), as amended, is repealed;

(g) section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words “Supreme Courts of Hawaii and Puerto Rico” and inserting in lieu thereof the words “Supreme Court of Puerto Rico”;

(h) section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words “Supreme Courts of Hawaii and Puerto Rico” and inserting in lieu thereof the words “Supreme Court of Puerto Rico”;

(i) section 91 of title 28, United States Code, as heretofore amended, is further amended by inserting after “Kure Island” and before “Baker Island” the words “Palmyra Island,”; and

( j) the Act of June 15, 1950 (64 Stat. 217; 48 U.S.C., § 644a), is amended by inserting after “Kure Island” and before “Baker Island” the words “Palmyra Island,”.

§ 15.

All Territorial laws in force in the Territory of Hawaii at the time of its admission into the Union shall continue in force in the State of Hawaii, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Hawaii, except as provided in section 4 of this Act with respect to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Hawaii into the Union or upon the effective date of any law enacted by the State of Hawaii which amends or repeals it, whichever may occur first. As used in this section, the term “Territorial laws” includes (in addition to laws enacted by the Territorial Legislature of Hawaii) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Hawaii prior to its admission into the Union, and the term “laws of the United States” includes all laws or parts thereof enacted by the Congress that (1) apply to or within Hawaii at the time of its admission into the Union, (2) are not “Territorial laws” as defined in this paragraph, (3) are not in conflict with any other provision of this Act.

§ 16.

(a) Notwithstanding the admission of the State of Hawaii into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Hawaii National Park, saving, however, to the State of Hawaii the same rights as are reserved to the Territory of Hawaii by section 1 of the Act of April 19, 1930 (46 Stat. 227), and saving, further, to persons then or thereafter residing within such area the right to vote at all elections held within the political subdivisions where they respectively reside. Upon the admission of said State all references to the Territory of Hawaii in said Act or in other laws relating to Hawaii National Park shall be deemed to refer to the State of Hawaii. Nothing contained in this Act shall be construed to affect the ownership and control by the United States of any lands or other property within Hawaii National Park which may now belong to, or which may hereafter be acquired by, the United States.

(b) Notwithstanding the admission of the State of Hawaii into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Republic of Hawaii and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Hawaii for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Hawaii shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Hawaii, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast Guard purposes: Provided, however, That the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been heretofore or hereafter determined to be critical areas as delineated by the President of the United States and/or the Secretary of Defense.

§ 17.

The next to last sentence of the first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) as amended by section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) is amended by inserting after the word “Alaska” the words “or Hawaii.”

§ 18.

(a) Nothing contained in this Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Hawaii and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.

(b) Effective on the admission of the State of Hawaii into the Union –

(1) The first sentence of section 506 of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1156), is amended by inserting before the words “an island possession or island territory,” the words “the State of Hawaii, or”;

(2) Section 605(a) of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1175), is amended by inserting before the words “an island possession or island territory”, the words “the State of Hawaii, or”; and

(3) The second paragraph of section 714 of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1204), is amended by inserting before the words “an island possession or island territory” the words “the State of Hawaii, or”. [Am July 12, 1960, Pub L 86-324, 74 Stat 423]

§ 19.

Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, or restore nationality heretofore lost under any law of the United States or under any treaty to which the United States is or was a party.

§ 20.

(a) Section 101 (a)(36) of the Immigration and Nationality Act (66 Stat. 170, 8 U.S.C., § 1101 (a)(36)), is amended by deleting the word “Hawaii,”.

(b) Section 212 (d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C., § 1182 (d)(7)), is amended by deleting from the first sentence thereof the word “Hawaii” and by deleting the proviso to said first sentence.

(c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended (66 Stat. 239, 8 U.S.C., § 1421(a), 72 Stat. 351) is further amended by deleting the words “for the Territory of Hawaii, and”.

(d) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 305 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C., § 1405).

§ 21.

Effective upon the admission of the State of Hawaii into the Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat. 629), is amended by substituting the words “State of Hawaii” for the words “Territory of Hawaii”.

§ 22.

If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word in other circumstances shall not be affected thereby.

§ 23.

All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress are hereby repealed.

Acta de admisión de Alaska

Alaska Statehood Act; July 7, 1958
442_w_full

An act to provide for the admission of the State of Alaska into the Union

SEC. 1.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this act, and upon issuance of the proclamation required by section 8 (c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, “An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the constitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date”, approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held an April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

SEC. 2.
The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska.

SEC. 3.
The constitution of the State of Alaska shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

SEC. 4.
As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is sub ject to disposition by the United States, and to any lands or other property, (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property, belonging to the United States or which may belong to said natives, shall be and remain under the absolute juris diction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation.

SEC. 5.
The State of Alaska and its political subdivisions, respectively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as provided in section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands.

SEC. 6.
(a) For the purposes of furthering the development of and expansion of communities, the State of Alaska is hereby granted and shall be entitled to select, within twenty-five years after the date of the admission of the State of Alaska into the Union, from lands within national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection not to exceed another four hundred thousand acres of land, all of which shall be adjacent to established communities or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the land so occupied.

(b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within twenty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the lands so occupied: And provided further, That no selection hereunder shall be made in the area north and west of the line described in section 10 without approval of the President or his designated representative.

(c) Block 32, and the structures and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use.

(d) Block 19, and the structures and improvements thereon, and the interests of the United States in blocks C and 7, and the structures and improvements thereon, in the city of Juneau, are hereby granted to the State of Alaska.

(e) All real and personal property of the United States situated in the Territory of Alaska which is specifically used for the sole purpose of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 (57 Stat. 301; 48 U. S. C., secs. 192-211), as amended, and under the provisions of the Alaska commercial fisheries laws of June 26, 1906 (34 Stat. 478; 48 U. S. C., secs. 230-239 and 241-242), and June 6, 1924 (43 Stat. 465; 48 U. S. C., secs. 221-228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: Provided, That the administration and management of the fish and wildlife resources of Alaska shall be retained by the Federal Government under existing laws until the first day of the first calendar year following the expiration of ninety legislative days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate provision for the administration, management, and conservation of said resources in the broad national interest: Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research activities relating to fisheries or wildlife. Sums of money that are available for apportionment or which the Secretary of the Interior shall have apportioned, as of the date the State of Alaska shall be deemed to be admitted into the Union, for wildlife restoration in the Territory of Alaska, pursuant to section 8 (a) of the Act of September 2, 1937, as amended (16 U. S. C., sec. 669g-1), and for fish restoration and management in the Territory of Alaska, pursuant to section 12 of the Act of August 9, 1950 (16 U. S. C., sec. 777k), shall continue to be available for the period, and under the terms and conditions in effect at the time, the apportionments are made. Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea-otter skins made in accordance with the provisions of the Act of February 26, 1944 (58 Stat. 100; 16 U. S. C., secs. 631a-631q), as supplemented and amended. In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the Act of February 26, 1944, as supplemented and amended, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Act of February 26, 1944, as supplemented and amended, and the Act of June 28, 1937 (50 Stat. 325), as amended (16 U. S. C., sec. 772 et seq.).

(f) Five per centum of the proceeds of sale of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State.

(g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of Alaska by this Act shall be selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the preferred right of application created by section 4 of the Act of September 27, 1944 (58 Stat. 748; 43 U. S. C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. Where any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such selected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundaries of the area requested shall conform to the public land subdivisions established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this Act shall be patented to the State by the Secretary of the Interior. Following the selection of lands by the State and the tentative approval of such selection by the Secretary of the Interior or his designee, but prior to the issuance of final patent, the State is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words “equitable claims subject to allowance and confirmation” include, without limitation, claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands.

(h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U. S. C., sec. 181 and following), as amended, or under the Alaska Coal Leasing Act of October 20, 1914 (38 Stat. 741; 30 U. S. C., sec. 432 and following), as amended, shall have the effect of withdrawing the lands subject thereto from selection by the State of Alaska under this Act, unless such lease, permit, license, or contract is in effect on the date of appproval of this Act, and unless an application to select such lands is filed with the Secretary of the Interior within a period of five years after the date of the admission of Alaska into the Union. Such selections shall be made only from lands that are otherwise open to selection under this Act, and shall include the entire area that is subject to each lease, permit, license, or contract involved in the selections. Any patent for lands so selected shall vest in the State of Alaska all right, title, and interest of the United States in and to any such lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all rentals, royalties, and other payments accruing after that date under such lease, permit, license, or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of such lease, permit, license, or contract: Provided, That nothing herein contained shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder.

(i) All grants made or confirmed under this Act shall include mineral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain reservation to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: Provided, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States District Court for the District of Alaska.

(j) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental subdivisions, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.

(k) Grants previously made to the Territory of Alaska are hereby confirmed and transferred to the State of Alaska upon its admission. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U. S. C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U. S. C, sec. 191), as amended, are repealed and all lands therein reserved under the provisions of section 1 as of the date of this Act shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any outstanding lease, permit, license, or contract issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or contract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal.

(l) The grants provided for in this Act shall be in lieu of the grant of land for purposes of internal improvements made to new States by section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U. S. C., sec. 857), and in lieu of the swampland grant made by the Act of September 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U. S. C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 1862, as amended (12 Stat. 503; 7 U. S. C., secs. 301-308), which grants are hereby declared not to extend to the State of Alaska.

(m) The Submerged Lands Act of 1953 (Public Law 31, Eightythird Congress, first session; 67 Stat. 29) shall be applicable to the State of Alaska and the said State shall have the same rights as do existing States thereunder.

SEC. 7.
Upon enactment of this Act, it shall be the duty of the President of the United States, not later than July 3, 1958, to certify such fact to the Governor of Alaska. Thereupon the Governor, on or after July 3, 1958, and not later than August 1, 1958, shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitution of the proposed State of Alaska, but the officers so elected shall in any event include two Senators and one Representative in Congress.

SEC. 8.
(a) The proclamation of the Governor of Alaska required by section 7 shall provide for holding of a primary election and a general election on dates to be fixed by the Governor of Alaska: Provided, That the general election shall not be held later than December 1, 1958, and at such elections the officers required to be elected as provided in section 7 shall be, and officers for other elective offices provided for in the constitution of the proposed State of Alaska may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Alaska for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Alaska may prescribe. The Governor of Alaska shall certify the results of said elections to the President of the United States.

(b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositions: “(1) Shall Alaska immediately be admitted into the Union as a State? “(2) The boundaries of the State of Alaska shall be as prescribed in the Act of Congress approved _____________________ (date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States. “(3) All provisions of the Act of Congress approved ____________ (date of approval) reserving rights or powers to the United States, as well as of this Act those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Alaska, are consented to fully by said State and its people.” In the event each of the foregoing propositions is adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Alaska, ratified by the people at the election held on April 24, 1956, shall be deemed amended accordingly. In the event any one of the foregoing propositions is not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall thereupon cease to be effective. The Governor of Alaska is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Alaska, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States.

(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Alaska, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 7 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Alaska shall be deemed admitted into the Union as provided in section 1 of this Act. Until the said State is so admitted into the Union, all of the officers of said Territory, including the Delegate in Congress from said Territory, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Alaska into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in or under or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

(d) Upon admission of the State of Alaska into the Union as herein provided, all of the Territorial laws then in force in the Territory of Alaska shall be and continue in full force and effect throughout said State except as modified or changed by this Act, or by the constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within said State as elsewhere within the United States. As used in this paragraph, the term “Territorial laws” includes (in addition to laws enacted by the Territorial Legislature of Alaska) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Alaska prior to the admission of the State of Alaska into the Union, and the term “laws of the United States” includes all laws or parts thereof enacted by the Congress that (1) apply to or within Alaska at the time of the admission of the State of Alaska into the Union, (2) are not “Territorial laws” as defined in this paragraph, and (3) are not in conflict with any other provisions of this Act.

SEC. 9.
The State of Alaska upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13) nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U. S. C., sec. 2a), for the Eighty-third Congress and each Congress thereafter.

SEC. 10.
(a) The President of the United States is hereby authorized to establish, by Executive order or proclamation, one or more special national defense withdrawals within the exterior boundaries of Alaska, which withdrawal or withdrawals may thereafter be terminated in whole or in part by the President.

(b) Special national defense withdrawals established under subsection (a) of this section shall be confined to those portions of Alaska that are situated to the north or west of the following line: Beginning at the point where the Porcupine River crosses the international boundary between Alaska and Canada; thence along a line parallel to, and five miles from, the right bank of the main channel of the Porcupine River to its confluence with the Yukon River; thence along a line parallel to, and five miles from, the right bank of the main channel of the Yukon River to its most southerly point of intersection with the meridian of longitude 160 degrees west of Greenwich; thence south to the intersection of said meridian with the Kuskokwim River; thence along a line parallel to, and five miles from the right bank of the Kuskokwim River to the mouth of said river; thence along the shoreline of Kuskokwim Bay to its intersection with the meridian of longitude 162 degrees 30 minutes west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 57 degrees 30 minutes north; thence east to the intersection of said parallel with the meridian of longitude 156 degrees west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 50 degrees north.

(c) Effective upon the issuance of such Executive order or proclamation, exclusive jurisdiction over all special national defense withdrawals established under this section is hereby reserved to the United States, which shall have sole legislative, judicial, and executive power within such withdrawals, except as provided hereinafter. The exclusive jurisdiction so established shall extend to all lands within the exterior boundaries of each such withdrawal, and shall remain in effect with respect to any particular tract or parcel of land only so long as such tract or parcel remains within the exterior boundaries of such a withdrawal. The laws of the State of Alaska shall not apply to areas within any special national defense withdrawal established under this section while such areas remain subject to the exclusive jurisdiction hereby authorized: Provided, however, That such exclusive jurisdiction shall not prevent the execution of any process, civil or criminal, of the State of Alaska, upon any person found within said withdrawals: And provided further, That such exclusive jurisdiction shall not prohibit the State of Alaska from enacting and enforcing all laws necessary to establish voting districts, and the qualification and procedures for voting in all elections.

(d) During the continuance in effect of any special national defense withdrawal established under this section, or until the Congress otherwise provides, such exclusive jurisdiction shall be exercised within each such withdrawal in accordance with the following provisions of law: (1) All laws enacted by the Congress that are of general application to areas under the exclusive jurisdiction of the United States, including, but without limiting the generality of the foregoing, those provisions of title 18, United States Code, that are applicable within the special maritime and territorial jurisdiction of the United States as defined in section 7 of said title, shall apply to all areas within such withdrawals. (2) In addition, any areas within the withdrawals that are reserved by Act of Congress or by Executive action for a particular military or civilian use of the United States shall be subject to all laws enacted by the Congress that have application to lands withdrawn for that particular use, and any other areas within the withdrawals shall be subject to all laws enacted by the Congress that are of general application to lands withdrawn for defense purposes of the United States. (3) To the extent consistent with the laws described in paragraphs (1) and (2) of this subsection and with regulations made or other actions taken under their authority, all laws in force within such withdrawals immediately prior to the creation thereof by Executive order or proclamation shall apply within the withdrawals and, for this purpose, are adopted as laws of the United States: Provided, however, That the laws of the State or Territory relating to the organization or powers of municipalities or local political subdivisions, and the laws or ordinances of such municipalities or political subdivisions shall not be adopted as laws of the United States. (4) All functions vested in the United States commissioners by the laws described in this subsection shall continue to be performed within the withdrawals by such commissioners. (5) All functions vested in any municipal corporation, school district, or other local political subdivision by the laws described in this subsection shall continue to be performed within the withdrawals by such corporation, district, or other subdivision, and the laws of the State or the laws or ordinances of such municipalities or local political subdivision shall remain in full force and effect notwithstanding any withdrawal made under this section. (6) All other functions vested in the government of Alaska or in any officer or agency thereof, except judicial functions over which the United States District Court for the District of Alaska is given jurisdiction by this act or other provisions of law, shall be performed within the withdrawals by such civilian individuals or civilian agencies and in such manner as the President shall from time to time, by Executive order, direct or authorize. (7) The United States District Court for the District of Alaska shall have original jurisdiction, without regard to the sum or value of any matter in controversy, over all civil actions arising within such withdrawals under the laws made applicable thereto by this subsection, as well as over all offenses committed within the withdrawals.

(e) Nothing contained in subsection (d) of this section shall be construed as limiting the exclusive jurisdiction established in the United States by subsection (c) of this section or the authority of the Congress to implement such exclusive jurisdiction by appropriate legislation, or as denying to persons now or hereafter residing within any portion of the areas described in subsection (b) of this section the right to vote at all elections held within the political subdivisions as prescribed by the State of Alaska where they respectively reside, or as limiting the jurisdiction conferred on the United States District Court for the District of Alaska by any other provision of law, or as continuing in effect laws relating to the Legislature of the Territory of Alaska. Nothing contained in this section shall be construed as limiting any authority otherwise vested in the Congress or the President.

SEC. 11.
(a) Nothing in this Act shall affect the establishment, or the right, ownership, and authority of the United States in Mount McKinley National Park, as now or hereafter constituted; but exclusive jurisdiction, in all cases, shall be exercised by the United States for the national park, as now or hereafter constituted; saving, however, to the State of Alaska the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State, but outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing now or hereafter in such area the right to vote at all elections held within the respective political subdivisions of their residence in which the park is situated.

(b) Notwithstanding the admission of the State of Alaska into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are owned by the United States and held for military, naval, Air Force, or Coast Guard purposes, including naval petroleum reserve numbered 4, whether such lands were acquired by cession and transfer to the United States by Russia and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Alaska for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Alaska shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Alaska, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall rest and remain in the United States only so long as the particular tract or parcel of land involved is owned by the United States and used for military, naval, Air Force, or Coast Guard purposes. The provisions of this subsection shall not apply to lands within such special national defense withdrawal or withdrawals as may be established pursuant to section 10 of this Act until such lands cease to be subject to the exclusive jurisdiction reserved to the United States by that section.

SEC. 12.
Effective upon the admission of Alaska into the Union
(a) The analysis of chapter 5 of title 28, United States Code, immediately preceding section 81 of such title, is amended by inserting immediately after and underneath item 81 of such analysis, a new item to be designated as item 81A and to read as follows: “81A Alaska”;

(b) Title 28, United States Code, is amended by inserting immediately after section 81 thereof a new section, to be designated as section 81A, and to read as follows: “(section) 81A. Alaska “Alaska constitutes one judicial district. “Court shall be held at Anchorage, Fairbanks, Juneau, and Nome.”;

(c) Section 133 of title 28, United States Code, is amended by inserting in the table of districts and judges in such section immediately above the item: “Arizona * * * 2”, a new item as follows: “Alaska * * * 1”;

(d) The first paragraph of section 373 of title 28, United States Code, as heretofore amended, is further amended by striking out the words: “the District Court for the Territory of Alaska,”: Provided, That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect;

(e) The words “the District Court for the Territory of Alaska,” are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code;

(f) The first paragraph of section 1252 of title 28, United States Code, is further amended by striking out the word “Alaska,” from the clause relating to courts of record;

(g) Subsection (2) of section 1294 of title 28, United States Code, is repealed and the later subsections of such section are renumbered accordingly;

(h) Subsection (a) of section 2410 of title 28, United States Code, is amended by striking out the words: “including the District Court for the Territory of Alaska,”;

(i) Section 3241 of title 18, United States Code, is amended by striking out the words: “District Court for the Territory of Alaska, the”;

(j) Subsection (e) of section 3401 of title 18, United States Code, is amended by striking out the words: “for Alaska or”;

(k) Section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: “the Territory of Alaska,”;

(l) Section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: “the Territory of Alaska,” ;

(m) Section 2072 of title 28, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: “and of the District Court for the Territory of Alaska”;

(n) Subsection (q) of section 376 of title 28, United States Code, is amended by striking out the words: “the District Court for the Territory of Alaska,”: Provided, That the amendment made by this subsection shall not affect the rights under such section 376 of any present or former judge of the District Court for the Territory of Alaska or his survivors;

(o) The last paragraph of section 1963 of title 28, United States Code, is repealed;

(p) Section 2201 of title 28, United States Code, is amended by striking out the words: “and the District Court for the Territory of Alaska”; and

(q) Section 4 of the Act of July 28, 1950 (64 Stat. 380; 5 U. S. C., sec. 341b) is amended by striking out the word: “Alaska,”.

SEC. 13.
No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska.

SEC. 14.
All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this act had not been passed. All cases in which final judgment has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby.

SEC. 15.
All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts.

SEC. 16.
Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court.

SEC. 17.
All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States.

SEC. 18.
The provisions of the preceding sections with respect to the termination of the Jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Executive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section.

SEC. 19.
The first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) is amended by striking out the last sentence thereof and inserting in lieu of such sentence the following: “When the State of Alaska is hereafter admitted to the Union the Federal Reserve districts shall be readjusted by the Board of Governors of the Federal Reserve System in such manner as to include such State. Every national bank in any State shall, upon commencing business or within ninety days after admission into the Union of the State in which it is located, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section.”

SEC. 20.
Section 2 of the Act of October 20, 1914 (38 Stat. 742; 48 U. S. C., sec. 433), is hereby repealed.

SEC. 21.
Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or under any treaty to which the United States may have been a party.

SEC. 22.
Section 101 (a) (36) of the Immigration and Nationality Act (66 Stat. 170, 8 U. S. C., sec. 1101 (a) (36)) is amended by deleting the word “Alaska,”.

SEC. 23.
The first sentence of section 212 (d) (7) of the Immigration and Nationality Act (66 Stat. 188, 8 U. S. C., sec. 1182 (d) (7)) is amended by deleting the word “Alaska,”.

SEC. 24.
Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 304 of the Immigration and Nationality Act (66 Stat. 237, 8 U. S. C., sec. 1404).

SEC. 25.
The first sentence of section 310 (a) of the Immigration and Nationality Act (66 Stat. 239, 8 U. S. C., sec. 1421 (a)) is amended by deleting the words “District Courts of the United States for the Territories of Hawaii and Alaska” and substituting therefor the words “District Court of the United States for the Territory of Hawaii”.

SEC. 26.
Section 344 (d) of the Immigration and Nationality Act. (66 Stat. 265, 8 U. S. C., sec. 1455 (d)) is amended by deleting the words “in Alaska and”.

SEC. 27.
(a) The third proviso in section 27 of the Merchant Marine Act, 1920, as amended (46 U. S. C., sec. 883), is further amended by striking out the word “excluding” and inserting in lieu thereof the word “including”.

(b) Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Alaska and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.

SEC. 28.
(a) The last sentence of section 9 of the Act entitled “An Act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes”, approved October 20, 1914 (48 U. S. C. 439), is hereby amended to read as follows: “All net profits from operation of Government mines, and all bonuses, royalties, and rentals under leases as herein provided and all other payments received under this Act shall be distributed as follows as soon as practicable after December 31 and June 30 of each year: (1) 90 per centum thereof shall be paid by the Secretary of the Treasury to the State of Alaska for disposition by the legislature thereof; and (2) 10 per centum shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts.”

(b) Section 35 of the Act entitled “An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain”, approved February 25, 1920, as amended (30 U. S. C. 191), is hereby amended by inserting immediately before the colon preceding the first proviso thereof the following: “, and of those from Alaska 52 1/2 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof”.

SEC. 29.
If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby.

SEC. 30.
All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed.

Approved July 7, 1958.

Fuente: http://avalon.law.yale.edu/20th_century/ak_statehood.asp