App. B—The Exclusive Economic Zone and U.S. Insular Territories • 293 



The Federal District Court of Hawaii has jurisdic- 

 tion over civil and criminal matters arising on the eight 

 islands in this group. '^ 



Group B 



American Samoa. — U.S. interest in the islands of 

 American Samoa dates back to the middle of the 19th 

 century, and for a time there were conflicting claims 

 with the United Kingdom and Germany. These claims 

 were settled by a treaty in which Germany auid the U.K. 

 renounced all of their rights and claims to the islands 

 east of 1 7 1 degrees west longitude in favor of the United 

 States.'* On April 17, 1900, sovereignty over Tutuila, 

 Aunu'u, and their dependent islands was ceded to the 

 U.S. by their chiefs. The Manu'a islands were similarly 

 ceded on July 14, 1904." The cessions were formally 

 accepted by Congress in 1929.'^ The United States ex- 

 tended sovereignty over Swains Island (originally 

 claimed under the Guano Act) and added it to Amer- 

 ican Samoa in 1925.'^ 



The act accepting sovereignty over Samoa states that 

 until Congress provides otherwise, "all civil, judicial, 

 and military powers shall be vested in such person or 

 persons and shall be exercised in such manner as the 

 President of the United States shall direct. "2" The U.S. 

 Navy administered American Samoa^' until authority 

 was transferred to DOI in 1951 .^^ The islands are largely 

 self-governing under a constitution adopted in 1966, 

 with DOI exercising only general supervision. The con- 

 stitution is subject to amendment by Congress. ^^ While 

 the cessions, constitution, and statutes of Samoa pro- 

 tect traditional local government and land tenure, all 

 are silent as to any use of the sea beyond the 3-mile ter- 

 ritorial limit (tidal and submerged lands have been 

 transferred to the territorial government^''). The cessions 

 required respect for local property rights and recogni- 

 tion of the traditional authority of the chiefs over their 

 towns, while "all sovereign rights thereunto belonging" 

 were granted to the United States. Article I, Section 3 

 of the American Samoa constitution declares it to be the 

 policy of the government "to protect persons of Samoan 

 ancestry against alienation of their lands and the de- 

 struction of the Samoan way of life and language ..." 



The American Samoa code implements this policy, pre- 

 serving "customs not in conflict with the laws of Amer- 

 ican Samoa and of the United States . . ."'^^ 



Guam. — Spain took possession of Guam along with 

 the other Mariana Islands in the 16th century. The 

 treaty ending the Spanish-American war ceded Guam 

 to the United States.^* Article VIII of the treaty ceded 

 crown lands to the U.S. Government and guaranteed 

 protection of existing municipal, church, and private 

 property rights. The U.S. Navy administered the island 

 until 1949 when DOI took over.^' Since then, Guam 

 has been governed under the Organic Act of 1950, as 

 amended. ^^ 



The governor and legislature are locally elected and 

 are responsible for most matters of interned governance. 

 DOI's role is to provide "general administrative super- 

 vision." The Department is most active in the areas of 

 budget, capital improvements, and technical advice. 

 Congress reserves the power to annul local legislation. 

 A proposed constitution failed to win popular approval 

 in 1979. Since that time, efforts have been redirected 

 toward settling the island's status before another con- 

 stitutional convention is called. Guam residents strongly 

 favored commonwealth status in a 1982 referendum and 

 a proposed commonwealth act will be presented to the 

 voters in Guam on August 8, 1987.^' 



Virgin Islands. — The U.S. Virgin Islands were 

 ceded to the United States by Denmark in 1916.'° The 

 rights to crown property were transferred to the U.S. 

 Government, while municipal, church, and private prop- 

 erty rights were preserved. Other than a few exceptions 

 named in the treaty, Denmark guaranteed the cession 

 to be "free and unencumbered by any reservations, 

 privileges, franchises, [or] grants ..." 



The U.S. Virgin Islands are self-governing under the 

 Organic Act of 1936" and the Revised Organic Act of 

 1954, as amended.'^ The popularly elected legislature 

 and governor have authority over local matters but Con- 

 gress retains the power to annul insular legislation. '^ 

 Matters of Federal concern are "under the general 

 administrative supervision of the Secretary of the In- 

 terior." DOI's role is mainly administration and au- 

 diting of Federal funds appropriated for the islands. 



■H8 U.S.C. 644a (1982). 



'^Convention for the Adjustment of Questions Relating to Samoa, Dec. 2, 

 1899, Uniteti States— Germany— Great Britain, 31 Stat. 1878. 



"The cessions are reproduced in the historical documents section of the Amer- 

 ican Samoa Code Annotated. 



'H5 Stat. 1253, 48 U.S.C. 1651 (1982). 



"43 Stat. 1357, 48 U.S.C. 1662 (1982). 



™48 U.S.C. 1661(c) (1982). 



^'Executive Order No. 125-4, Feb. 19, 1900. 



"Executive Order No. 10,264, 16 Fed. Reg. 6419. 



"48 U.S.C. 1662a (1982). 



"48 U.S.C. 1705 (1982). 



"Am. Samoa Code Ann. §1.0202 (1983). 



'Treaty of Peace, Dec. 10, 1898, United States-Spain, 30 Stat. 1754. 



"Executive Order No. 10077, 14 Fed. Reg. 5523 (1949). 



"Codified at 48 U.S.C. 1421 et seq. (1982). 



'^Guam Commission on Self-Determination, "The Draft Guam Common- 

 wealth Act" Qune 11, 1986). 



^■^Convention for Cession of the Danish West Indies, Aug. 4, 1916, United 

 States— Denmark, 39 Stat. 1706. 



"48 U.S.C. 1391 et seq. (1982). 



"48 U.S.C. 1541 e( seq. (1982). 



"48 U.S.C. 1574(c) (1982). 



