Insular area

Not to be confused with the ISO statistical designationUnited States Minor Outlying Islands.

Locations of the insular areas of the United States, color-coded to indicate status

The50 statesand theDistrict of Columbia

Incorporated unorganized territory

Unincorporated organized territory

Unincorporated organized territory withCommonwealthstatus

Unincorporated unorganized territory

Compact of Free Association

In thelaw of the United States,aninsular areais a U.S.-associated jurisdiction that is not part of aU.S. stateor theDistrict of Columbia.This includes fourteenU.S. territoriesadministered under U.S. sovereignty, as well as threesovereign stateseach with aCompact of Free Associationwith the United States.The term also may be used to refer to the previous status of theSwan Islands,Hawaii,Puerto Rico,and thePhilippines,as well as theTrust Territory of the Pacific Islandswhen it existed.

Three of the U.S. territories are in theCaribbean Sea,eleven are in thePacific Ocean,and all three freely associated states are also in the Pacific. Two additional Caribbean territories are disputed and administered byColombia.

Article IV, Section 3, Clause 2of theU.S. Constitutiongrants to theUnited States Congressthe responsibility of overseeing the territories.A series ofU.S. Supreme Courtdecisions known as theInsular Casescreated a distinction between "incorporated territories", where the fullConstitution of the United Statesapplies, and "unincorporated territories",where only basic protections apply. The only current incorporated territory,Palmyra Atoll,is uninhabited.

A U.S. territory is considered "organized" when theU.S. Congresspasses anorganic actfor it.Three of the U.S. territories with a permanent non-military population have constitutions, and all five have locally elected territorial legislatures and executives, and some degree of politicalautonomy.Four of the five are "organized", butAmerican Samoais technically "unorganized"and subject to the direct jurisdiction of theOffice of Insular Affairs.

Beach in American Samoa

History

The first insular areas that the United States occupied were Baker Island, Howland Island and Navassa Island (1857) then Johnston Atoll and Jarvis Island (both in 1858) would be claimed. After theSpanish–American Warin 1898, several territories were taken that are still under U.S. sovereignty (Puerto Rico and Guam, both in 1898).Palmyra Atoll was annexed along with the Republic of Hawaii (formerly a Kingdom) that same year. American Samoa was reclaimed the following year (1899). In 1917, at the height ofWorld War I,Denmark sold theDanish Virgin Islandsto the United States.

The U.S. Navy annexed Kingman Reef in 1922.Spainhad sold theNorthern Mariana Islandsto Germany in 1899.The islands passed to Japan, which in turn lost them to the United States in 1945 after the end of World War II.

TheMarshall Islandsbecame self-governing in 1979 and fully independent along with theFederated States of Micronesiain 1986.Palauachieved independence in 1994.The three countries maintain sovereignty with free association status with the United States, which provides them with defense assistance and economic resources.

Timeline

August 28, 1867

CaptainWilliam Reynoldsof theUSSLackawannaformally took possession of theMidway Atollfor the United States.

August 13, 1898

United States Navyunder AdmiralGeorge Dewey,United States Army'sEighth Army Corpsunder Major GeneralWesley Merritt,and Lieutenant GeneralArthur MacArthur Jr.captured theCity of Manilafrom Spain after Governor-General of the PhilippinesFermin Jáudenessurrendered the city, which then remained Spanish-occupied even after the declaration of Philippine Independence from Spain and the establishment of theFirst Philippine Republicon June 12, 1898.

February 4, 1899

Philippine–American Warbegan between theFirst Philippine Republicand the newly arrivedUS Military Government.

April 11, 1899

TheTreaty of Paris of 1898came into effect, transferringGuam,thePhilippines,andPuerto Ricofrom Spain to the United States, all three becomingunorganized, unincorporatedterritories. Puerto Rico's official name was changed toPorto Rico,a phonetic reinterpretation of the Spanish name for the territory.

April 12, 1900

TheForaker Actbecomes effective, makingPuerto Ricoan unincorporated and organized territory of the United States.

June 7, 1900

The United States took control of the portion of theSamoan Islandsgiven to it by theTreaty of Berlin of 1899,creating theunorganized, unincorporatedterritory ofAmerican Samoa.

April 1, 1901

GeneralEmilio Aguinaldo,Presidentof theFirst Philippine Republicand Filipino leader in thePhilippine–American War,surrendered to the United States, allowing the U.S. to form a civilian government for the Philippines.

August 29, 1916

The Philippine Autonomy Act orJones Lawwas signed, promising thePhilippinesindependence.

March 2, 1917

Jones–Shafroth ActreorganizedPuerto Rico.This act conferredUnited States citizenshipon all citizens of Puerto Rico.

March 31, 1917

The United States purchased theDanish West Indiesand renamed it asU.S. Virgin Islandsunder the terms of a treaty withDenmark.

May 17, 1932

The name of Porto Rico was changed toPuerto Rico.

March 24, 1934

TheTydings–McDuffie Actwas signed allowing the creation of theCommonwealth of the Philippines.

November 15, 1935

TheCommonwealth of the Philippinesofficially inauguratedManuel L. Quezonas the President of the Philippine Commonwealth, held at the steps of theOld Legislative Building.The event was attended by 300,000 Filipinos.

December 8, 1941

Commonwealth of the Philippineswasinvaded and occupied by JapanduringWorld War Two,initiating "the most destructive event ever to take place on U.S. soil".Over 1,100,000Filipino Americancivilians died during the war.

February 3 - March 3, 1945

The month longLiberation of Manilaled by GeneralDouglas MacArthurtook place, and consequently resulted inManila Massacrecommitted by the Japanese forces throughout the Battle of Manila. An estimated 100,000 Manila civilians were killed during the massacre.

August 1945

The United States regains full control of its colony of the Philippines following thePhilippines campaign.

July 4, 1946

The United States formally recognized thePhilippine independence,establishing theThird Philippine Republic,which inauguratedManuel Roxasas the President of the independent Philippines. The independence ceremonies and inauguration rites were held at theQuirino Grandstand.

July 14, 1947

TheUnited Nationsgranted theTrust Territory of the Pacific Islandsto the United States, consisting primarily of many islands fought over during World War II, and including what is now theMarshall Islands,theCarolina Islands,Federated States of Micronesia,Northern Mariana Islands,andPalau.It was atrusteeship,and not a territory of the United States.

August 5, 1947

ThePrivileges and Immunities Clauseregarding the rights, privileges, and immunities of citizens of the United States was expressly extended to Puerto Rico by theU.S. Congressthrough federal law codified in Title 48 the United States Code as48 U.S.C.§ 737and signed by PresidentHarry S. Truman.This law indicates that the rights, privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States.

July 1, 1950

TheGuam Organic Actcame into effect,organizingGuamas an unincorporated territory.

July 25, 1952

Puerto Ricobecomes aCommonwealthof the United States with the ratification of its constitution.

July 22, 1954

The organic act for theUnited States Virgin Islandswent into effect, making them anunincorporated, organizedterritory.

July 1, 1967

American Samoa's constitution became effective. Even though no organic act was passed, this move to self-government made American Samoa similar to an organized territory.

September 12, 1967

Article Three of the United States Constitution,was expressly extended to theUnited States District Courtforthe District of Puerto Ricoby theU.S. Congressthrough the federal law 89-571, 80 Stat. 764, this law was signed by PresidentLyndon B. Johnson.

January 1, 1978

TheNorthern Mariana Islandsleft theTrust Territory of the Pacific Islandsto become acommonwealthof the United States, making them an unincorporated and organized territory.

January 9, 1978

TheNorthern Mariana Islands Commonwealth Constitution,which had been ratified by voters on March 6, 1977, goes into effect.

October 21, 1986

TheMarshall Islandsattained independence from theTrust Territory of the Pacific Islands,though the trusteeship granted by theUnited Nationstechnically did not end until December 22, 1990. The Marshall Islands remained infree associationwith the United States.

November 3, 1986

TheFederated States of Micronesiaattained independence from theTrust Territory of the Pacific Islands,and remained infree associationwith the United States.

December 22, 1990

TheUnited Nationsterminated theTrust Territory of the Pacific Islandsfor all but thePalaudistrict.

May 25, 1994

TheUnited Nationsterminated theTrust Territory of the Pacific Islandsfor thePalaudistrict, ending the territory and makingPalaude factoindependent, as it was not a territory of the United States.

October 1, 1994

Palauattainedde jureindependence, but it remained infree associationwith the United States.

December 11, 2012

TheLegislative Assembly of Puerto Ricoenacted aconcurrent resolutionto request thepresidentand theCongress of the United Statesto respond diligently and effectively, and to act on the demand of the people of Puerto Rico, as freely and democratically expressed in the plebiscite held on November 6, 2012, to end, once and for all, its current form of territorial status and to begin the process to admit Puerto Rico to the Union as a State.

December 22, 2022

The U.S. House of Representatives voted in favor of thePuerto Rico Status Act.The act sought to resolve Puerto Rico's status and its relationship to the United States through a binding plebiscite to be held in November 2023;however, the Senate never acted on the bill.

April 20, 2023

Puerto Rico Status Act re-introduced in U.S. House with the plebiscite to be held in November 2025.

Citizenship

Congress has extended citizenship rights by birth to all inhabited territories exceptAmerican Samoa,and these citizens may vote and run for office in any U.S. jurisdiction in which they are residents. The people ofAmerican SamoaareU.S. nationalsby place of birth, or they are U.S. citizens by parentage, or naturalization after residing in a State for three months.Nationals are free to move around and seek employment within the United States without immigration restrictions, but cannot vote or hold office outside American Samoa.

Taxation

Residents of the five major populated insular areas do not pay U.S. federalincome taxesbut are required to pay other U.S. federal taxes such asimportandexporttaxes,federalcommodity taxes,Social Security taxes,etc. Individuals working for the federal government payfederal income taxeswhile all residents are required to pay federalpayroll taxes(Social SecurityandMedicare). According toIRSPublication 570, income from other U.S.Pacific Oceaninsular areas (Howland,Baker,Jarvis,Johnston,Midway,Palmyra,andWakeIslands, andKingman Reef) is fully taxable as income of United States residents.

Puerto Rico is inside the main domesticcustoms territoryof the United States, but the other insular areas are outside it; tariff treatment varies (seeForeign trade of the United States § Customs territory).

Associated states

TheU.S. State Departmentand the U.S. Code also use the term "insular area" to refer not only to territories under thesovereigntyof the United States, but also those independent nations that have signed aCompact of Free Associationwith the United States. While these nations participate in many otherwise domestic programs, and full responsibility for their military defense rests with the United States, they are legally distinct from the United States and their inhabitants are neither U.S. citizens nor nationals.

Current insular areas by status

The following islands, or island groups, are considered insular areas:

Incorporated organized territories

None

Incorporated unorganized territory

One (uninhabited)

• Palmyra Atoll– U.S. Territory of Palmyra Island (mostly owned by the Federal Government andThe Nature Conservancy;administered by theU.S. Fish and Wildlife Service)

Unincorporated organized territories

Capitol of Puerto Rico, the largest insular area

Four (inhabited)

• Guam(organized under theGuam Organic Act of 1950)
• Northern Mariana Islands(Commonwealth,organized under the 1975 Covenant)
• Puerto Rico(Commonwealth, organized under the 1900Foraker Act)
• U.S. Virgin Islands(organized under the 1954Revised Organic Act of the Virgin Islands)

Unincorporated unorganized territories

Wake Island lagoon

One (inhabited)

• American Samoa(self-governing even though officially unorganized and under the authority of theU.S. Department of the Interior)

Six (uninhabited)

• Baker Island(administered as aNational Wildlife Refuge)
• Howland Island(administered as aNational Wildlife Refuge)
• Jarvis Island(administered as aNational Wildlife Refuge)
• Johnston Atoll(administered as aNational Wildlife Refuge)
• Kingman Reef(administered as aNational Wildlife Refuge)
• Midway Atoll(administered as aNational Wildlife Refuge)

Two (uninhabited, disputed)

• Navassa Island(administered as aNational Wildlife Refuge;claimed by Haiti)
• Wake Island(administered by theU.S. Air Force;claimed by the Marshall Islands)

Claimed territories

Two (uninhabited, disputed)

• Bajo Nuevo Bank(disputed with Colombia; administered by Colombia)
• Serranilla Bank(disputed with Colombia and Honduras; administered by Colombia)

Freely associated states

Main article:Compact of Free Association

Three sovereign UN member states which were all formerly in the U.S. administeredUnited Nations Trust Territoryand are currently infree associationwith the United States. The U.S. provides national defense, funding, and access to social services.

• Marshall Islands
• Micronesia
• Palau

After achieving independence from theTrust Territory of the Pacific Islands,these states are no longer under U.S. sovereignty and thus not considered part of the United States.Some programs in these states are administered by the U.S.Office of Insular Affairs,along with other federal entities such as theDepartment of Defense.

Former insular areas

• Trust Territory of the Pacific Islands:U.N. trust territory administered by the U.S.; included the Marshall Islands, the Federated States of Micronesia, Palau, and the Commonwealth of the Northern Mariana Islands.
• Philippines:military government, 1899–1902;insular government, 1902–1935;commonwealth government, 1935–1942 and 1945–1946(islands underJapanese occupation, 1942–1945andpuppet state, 1943–1945); granted independence on July 4, 1946.
• Puerto Rico:military government, 1899–1900;insular government, 1900–1952;became acommonwealthon July 25, 1952.
• Hawaii:republic government, 1898–1900;territorial government, 1900–1959;became the State of Hawaii and the incorporated, unorganized territory of Palmyra Atoll on August 21, 1959.
• Swan Islands(1863–1972): claimed by the U.S. under theGuano Islands Act;sovereignty ceded toHondurasin a 1972 treaty.
• Serrana Bank,Quita Sueño BankandRoncador Bank:claimed by the U.S. under theGuano Islands Act;claims ceded toColombia.
• Caroline Island,Kirimati,Flint Island,Malden Island,Starbuck Island,Vostok Island,Birnie Island,Gardner Island,Orona,McKean Island,Manra,Rawaki,Canton IslandandEnderbury Island:claimed by the U.S. under theGuano Islands Act;claims ceded toKiribati.
• Funafuti,Nukufetau,NukulaelaeandNiulakita:claimed by the U.S. under theGuano Islands Act;claims ceded toTuvalu.
• Pukapuka,Manihiki,PenrhynandRakahanga:claimed by the U.S. under theGuano Islands Act;claims ceded to theCook Islands.
• Atafu,FakaofoandNukunonu:claimed by the U.S. under theGuano Islands Act;claims ceded toTokelau.

See also

• Dependent territory
• Guantanamo Bay Naval Base
• Insular Cases
• List of states and territories of the United States
• Protectorate
• Territorial evolution of the United States
• Territories of the United States on stamps

External links

• Department of Interior Office of Insular Affairs
• Department of the Interior Definitions of Insular Area Political Organizations
• Rubin, Richard, "The Lost Islands",The Atlantic Monthly,February 2001
• Chapter 7: Puerto Rico and the Outlying Areas,U.S. Census Bureau, Geographic Areas Reference Manual