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An Act to amend the Revised Organic Act of the Virgin Islands

Collection
Federal Reference
Sub-shelf
GovInfo
Kind
Reference Document
Date
1958-08-28
Pages
2
Text
Native Text
Identifiers
P.L. 86-851, P.L. 85-851

1094 PUBLIC LAW 86-851-AUG. 28, 1958 [72 ST A T . 33 u s e 701-1. Report to Presi- dent, R e p o r t to Con- g^ress. Appropriations. and procedure set forth in the first section of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control and other purposes", approved December 22,1944 (58 Stat. 887). SEC. 9. (a) The Commission is authorized and directed to prepare a final report, within the time provided for in this section, for submis- sion to the President. Before the Commission takes final action on the approval of such report for submission to the President, it shall transmit a copy of such report to each department, agency, and gov- ernor referred to in subsection (b) of section 3 of this Act. Within ninety days from the date of receipt by each such department, agency, and governor of such proposed report, the written views, comments, and recommendations of such department, agency, and governor shall be submitted to the Commission. …

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1094 PUBLIC LAW 86-851-AUG. 28, 1958 [72 ST A T . 33 u s e 701-1. Report to Presi- dent, R e p o r t to Con- g^ress. Appropriations. and procedure set forth in the first section of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control and other purposes", approved December 22,1944 (58 Stat. 887). SEC. 9. (a) The Commission is authorized and directed to prepare a final report, within the time provided for in this section, for submis- sion to the President. Before the Commission takes final action on the approval of such report for submission to the President, it shall transmit a copy of such report to each department, agency, and gov- ernor referred to in subsection (b) of section 3 of this Act. Within ninety days from the date of receipt by each such department, agency, and governor of such proposed report, the written views, comments, and recommendations of such department, agency, and governor shall be submitted to the Commission. The Commission may adopt in its report to the President any views, comments, and recommendations so submitted and change its report accordingly. The Commission shall transmit to the President, with its final report, the submitted views, comments, and recommendations of each such department, agency, and governor whether or not adopted by such Commission. (c) The President shall, within ninety days after the receipt by him of the final report of the Commission, transmit it to Congress-with his views, comments, and recommendations. (d) The final report of the Commission and its attachments shall be printed as a House or Senate document. SEC. 10. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be required to carry out the purposes of this Act. Approved August 28, 1958. Aveust 28, 11)58 P . R . 12303] Public Law 85-851 AN ACT To amend the Revised Organic Act of the Virgin Islands. 68 Stat. 497. 48 u s e 1561. Loyalty s t a t e - ment. 48 u s e 1574. L e g i s l a t i v e power and author- ity. eode of laws. Comptroller. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Revised Organic Act of the Virgin Islands is amended by adding at the end thereof the following new paragraph : "No political or religious test other than an oath to support the Constitution and the laws of the United States applicable to the Vir- gin Islands, and the laws of the Virgin Islands, shall be required as a qualification to any office or public trust under the Government of the Virgin Islands." SEC. 2. Subsection (a) of section 8 of said Act is amended to read as follows : "(a) The legislative authority and power of the Virgin Islands shall extend to aU rightful subjects of legislation not inconsistent with this Act or the=laws of the United States made applicable to the Virgin Islands, but no law shall be enacted which would impair rights existing or arising by virtue of any treaty or international agreement entered into by the United States, nor shall the lands or other property of nonresidents be taxed at a higher rate than the lands or other prop- erty of residents." SEC. 3. Subsection (e) of section 8 of said Act is amended by strik- ing the words "and any supplements to it". SEC. 4. Subsection (a) of section 17 of said Act is amended by striking the words "not to exceed". 72 S T A T . ] PUBLIC LAW 85-851-AUG. 28, 1958 1095 SEC. 5. Subsections (e) and (f) of section 17 of said Act are amended to read as follows: "(e) The decisions of the government comptroller shall be final except that appeal therefrom may, with the concurrence of the Gov- ernor, be taken by the party aggrieved or the head of the Department concerned, within one year from the date of the decision, to the Secre- tary of the Interior, which appeal shall be in writing and shall spe- cifically set forth the particular action of the government comptroller to which exception is taken, with the reasons and the authorities relied upon for reversing such decision. "(f) If the Secretary of the Interior confirms the decision of the government comptroller, or if the Governor does not concur in the taking of an appeal to the Secretary, then relief may be sought by suit in the District Court of the Virgin Islands if the claim is other- wise within its jurisdiction." SEC. 6. (a) Subsection (c) of section 20 of said Act is amended to read as follows: "(c) The salaries of the Governor, the Government Secretary, the government comptroller, and the members of their immediate staff's shall be paid by the United States. The salaries of the heads of the executive departments shall be paid by the government of the Virgin Islands; and if the legislature shall fail to make an appropriation for such salaries, the salaries theretofore fixed shall be paid without the necessity of further appropriations therefor." (b) This section 6 shall become effective on July 1,1959. SEC. T. The last sentence of section 24 of said Act is amended to read as follows: "The Attorney General shall appoint a United States marshal for the Virgin Islands, to whose office the provisions of chapter 33 of title 28, United States Code, shall apply." SEC. 8. The first sentence of section 26 of said Act is amended to read as follows: "All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Govern- ment." SEC. 9. Wherever the term "district attorney" appears in the seventh and eighth sentences of section 27 of said Act the following term shall be substituted: "United States attorney". SEC. 10. The first sentence of subsection (b) of section 8 of said Act is amended to read as follow^s: "The legislature of the govern- ment of the Virgin Islands may cause to be issued on behalf of said government bonds or other obligations (1) for a specific public im- provement or specific public undertaking authorized by an act of the legislature, and (2) for the establishment, construction, operation, maintenance, reconstruction, improvemeiit, or enlargement of other projects, authorized by an act of the legislature, which will, in the legislature's judgment, promote the public interest by economic de- v^opment of the Virgin Islands. Such bonds or obligations shall be payable solely from the revenues -directly derived from and attrib- utable to such specific public improvement, public undertaking, or other project." SEC. 11. As used in this Act, the term "Kevised Organic Act of the Virgin Islands" means the Act of July 22, 1954 (68 Stat. 497), as amended (48 U. S. C, sees. 1541 et seq.). Approved August 28, 1958. Appeals from de- cisions. 48 use 1599. 48 u s e 1641, Salaries. 48 use 1614. U. S. Marshall, nppointtnent. 28 u s e 541. Trial by Jury. 48 u s e 1617. 48 use 1574. Is 8 uanc e of bonds.