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Guano Islands Act

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24-630: The Guano Islands Act (11  Stat.   119 , enacted August 18, 1856, codified at 48 U.S.C. ch. 8 §§ 1411-1419) is a United States federal law passed by the Congress that enables citizens of the United States to take possession of unclaimed islands containing guano deposits in the name of the United States . The islands can be located anywhere, so long as they are not occupied by citizens of another country and not within

48-673: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or

72-710: A conflict between the text of the Statutes at Large and the text of a provision of the United States Code that has not been enacted as positive law, the text of the Statutes at Large takes precedence. Publication of the United States Statutes at Large began in 1845 by the private firm of Little, Brown and Company under authority of a joint resolution of Congress . During Little, Brown and Company's time as publisher, Richard Peters (Volumes 1–8), George Minot (Volumes 9–11), and George P. Sanger (Volumes 11–17) served as editors. In 1874, Congress transferred

96-488: A merchant ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas". The provision was considered and ruled constitutional by the U.S. Supreme Court in Jones v. United States , 137 U.S. 202 (1890). The Act continues to be part of the law of the United States. The most recent Guano Islands Act claim

120-693: A year, and U.S. imports totaled about 760,000 tons. The "guano mania" of the 1850s led to high prices in an oligopolistic market, government attempts to control prices , fear of resource exhaustion, and eventually the enactment of the Guano Islands Act of 1856 in August 1856. The Act authorizes U.S. citizens to take possession of unclaimed islands containing guano for the U.S., empowers the President to protect such claims with military intervention, and establishes jurisdiction of criminal offenses under

144-580: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If

168-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act

192-454: Is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in

216-542: The Statutes at Large and abbreviated Stat. , are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress . Each act and resolution of Congress is originally published as a slip law , which is classified as either public law (abbreviated Pub.L.) or private law (Pvt.L.), and designated and numbered accordingly. At the end of a congressional session,

240-617: The Statutes at Large includes the text of the Declaration of Independence , Articles of Confederation , the Constitution , amendments to the Constitution , treaties with Native American nations and foreign nations, and presidential proclamations . Sometimes very large or long Acts of Congress are published as their own "appendix" volume of the Statutes at Large . For example, the Internal Revenue Code of 1954

264-729: The Statutes at Large . Since 1985 the Statutes at Large have been prepared and published by the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA). Until 1948, all treaties and international agreements approved by the United States Senate were also published in the set, but these now appear in a publication titled United States Treaties and Other International Agreements , abbreviated U.S.T. In addition,

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288-482: The United States Code . Once enacted into law, an Act will be published in the Statutes at Large and will add to, modify, or delete some part of the United States Code. Provisions of a public law that contain only enacting clauses, effective dates, and similar matters are not generally codified . Private laws also are not generally codified. Some portions of the United States Code have been enacted as positive law and other portions have not been so enacted. In case of

312-510: The president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X

336-662: The authority to publish the Statutes at Large to the Government Printing Office under the direction of the Secretary of State. Pub. L.   80–278 , 61 Stat. 633, was enacted July 30, 1947 and directed the Secretary of State to compile, edit, index, and publish the Statutes at Large . Pub. L.   81–821 , 64 Stat. 980, was enacted September 23, 1950 and directed the Administrator of General Services to compile, edit, index, and publish

360-424: The jurisdiction of another government. It also empowers the president to use the military to protect such interests and establishes the criminal jurisdiction of the United States in these territories. In the 1840s, guano became a prized agricultural fertilizer and source of saltpeter for gunpowder. The U.S. began importing it in 1843 through New York. By the early 1850s, the U.K. imported over 200,000 tons

384-419: The lawful jurisdiction of any other Government, and not occupied by the citizens of any other Government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the president, be considered as appertaining to the United States. Section 6 provides that criminal acts on or adjacent to these territories "shall be deemed committed on the high seas, on board

408-504: The laws of the United States within the territories, thus claimed. This encouraged American entrepreneurs to search for and exploit new deposits on tiny islands and reefs in the Caribbean and Pacific. This was the beginning of the concept of insular area in U.S. territories. Up until this time, any territory acquired by the U.S. was considered to have become an integral part of the country unless changed by treaty and eventually to have

432-524: The opportunity to become a state of the Union. With insular areas, land could be held by the federal government without the prospect of it ever becoming a state in the Union. Under the Act, the U.S. gained control of around 94 islands. By 1903, 66 of these islands were recognized as territories of the U.S. Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within

456-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as

480-532: The statutes enacted during that session are compiled into bound books, known as "session law" publications. The United States Statutes at Large is the name of the session law publication for U.S. Federal statutes. The public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws ( Statutes at Large ), and codification ( United States Code ). Large portions of public laws are enacted as amendments to

504-488: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"

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528-493: The territory's status after private U.S. interests abandon it or the guano is exhausted, creating neither obligation nor prohibition of retaining possession. As of 2022, the islands still claimed by the United States under the Act are: A few islands claimed by the United States under the Guano Act of 1856 are disputed. United States Statutes at Large The United States Statutes at Large , commonly referred to as

552-484: Was made in 1997 to Navassa Island . However, the claim was denied because an American court ruled the island was already under American jurisdiction (a claim Haiti disputes). While more than 100 islands have been claimed for the United States under the Guano Islands Act, all but ten have been withdrawn. The Act specifically allows the islands to be considered possessions of the U.S. The Act does not specify

576-420: Was published as volume 68A of the Statutes at Large (68A  Stat.   3 ). Act of Congress An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by

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