U.S. territory
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In the United States, a territory is any extent of region under the
sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
of the
federal government of the United States The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
, including all waters (around islands or continental tracts). The United States asserts sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of
territory A territory is an area of land, sea, or space, belonging or connected to a particular country, person, or animal. In international politics, a territory is usually a geographic area which has not been granted the powers of self-government, ...
is all the area belonging to, and under the dominion of, the United States federal government (which includes tracts lying at a distance from the
country A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, state with limited recognition, constituent country, ...
) for administrative and other purposes. The United States total territory includes a subset of political divisions.


Territory of the United States

The United States' territory includes any geography under the control of the United States
federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
. Various
region In geography, regions, otherwise referred to as areas, zones, lands or territories, are portions of the Earth's surface that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and ...
s,
district A district is a type of administrative division that in some countries is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or county, counties, several municipality, municip ...
s, and divisions are under the supervision of the United States federal government. The United States' territory includes clearly defined
geographical area In geography, regions, otherwise referred to as areas, zones, lands or territories, are portions of the Earth's surface that are broadly divided by physical characteristics ( physical geography), human impact characteristics ( human geography), ...
and refers to an area of land,
air An atmosphere () is a layer of gases that envelop an astronomical object, held in place by the gravity of the object. A planet retains an atmosphere when the gravity is great and the temperature of the atmosphere is low. A stellar atmosph ...
, or
sea A sea is a large body of salt water. There are particular seas and the sea. The sea commonly refers to the ocean, the interconnected body of seawaters that spans most of Earth. Particular seas are either marginal seas, second-order section ...
under jurisdiction of United States federal governmental authority (but is not limited only to these areas). The extent of territory is all the area belonging to, and under the dominion of, the United States of America federal government (which includes tracts lying at a distance from the
country A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, state with limited recognition, constituent country, ...
) for administrative and other purposes.


Constitution of the United States

Under Article IV of the U.S. Constitution, a territory is subject to and belongs to the United States (but not necessarily within the national boundaries or any individual state). This includes tracts of land or water not included within the limits of any State and not admitted as a State into the Union. The Constitution of the United States states:


Congress of the United States

Congress possesses power to set territorial governments within the boundaries of the United States, under Article 4, Section 3 of the U.S. Constitution. The first exercise of this power was the
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
of 1789. The power of Congress over such territory is exclusive and universal, including the creation of
political division Administrative divisions (also administrative units, administrative regions, subnational entities, or constituent states, as well as many similar generic terms) are geographical areas into which a particular independent sovereign state is divi ...
s, except as delegated to a territory's government by act of Congress.


Supreme Court of the United States

All territory under the control of the federal government is considered part of the "United States" for purposes of law. From 1901 to 1905, the U.S. Supreme Court in a series of opinions known as the Insular Cases held that the Constitution extended '' ex proprio vigore'' to the territories. However, the Court in these cases also established the doctrine of territorial incorporation. Under the same, the Constitution only applied fully in incorporated territories such as
Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...
and
Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...
, whereas it only applied partially in the new unincorporated territories of
Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
,
Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...
and the
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
.. A
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
ruling from 1945 stated that the term "United States" can have three different meanings, in different contexts:


United States Department of the Interior

The
United States Department of the Interior The United States Department of the Interior (DOI) is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the management and conservation ...
is charged with managing federal affairs within U.S. territory. The Interior Department has a wide range of responsibilities (which include the regulation of territorial governments and the basic stewardship for public lands, et al.). The United States Department of the Interior is not responsible for local government or for civil administration except in the cases of Indian reservations, through the
Bureau of Indian Affairs The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States List of United States federal agencies, federal agency within the U.S. Department of the Interior, Department of the Interior. It is responsible for im ...
, as well as those territories administered through the
Office of Insular Affairs The Office of Insular Affairs (OIA) is a unit of the United States Department of the Interior that oversees federal administration of several United States insular areas. It is the successor to the Bureau of Insular Affairs of the War Departm ...
. The exception is the "incorporated and unorganized" (see below) United States Territory of Palmyra Island, the legal remnant of the former United States Territory of Hawaii since 1959, in which the local government and civil administration were assigned by the Secretary of the Interior to the
Fish and Wildlife Service A fish (: fish or fishes) is an aquatic, anamniotic, gill-bearing vertebrate animal with swimming fins and a hard skull, but lacking limbs with digits. Fish can be grouped into the more basal jawless fish and the more common jawed fis ...
in 2001.


United States divisions


States, territories, and their subdivisions

The
contiguous United States The contiguous United States, also known as the U.S. mainland, officially referred to as the conterminous United States, consists of the 48 adjoining U.S. states and the District of Columbia of the United States in central North America. The te ...
,
Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...
, and
Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...
are divided into smaller administrative regions. These are called
counties A county () is a geographic region of a country used for administrative or other purposesL. Brookes (ed.) '' Chambers Dictionary''. Edinburgh: Chambers Harrap Publishers Ltd, 2005. in some nations. The term is derived from the Old French denoti ...
in 48 of the 50 states,
borough A borough is an administrative division in various English language, English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History ...
s in Alaska and
parish A parish is a territorial entity in many Christianity, Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest#Christianity, priest, often termed a parish pries ...
es in
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
. A county can include a number of
cities A city is a human settlement of a substantial size. The term "city" has different meanings around the world and in some places the settlement can be very small. Even where the term is limited to larger settlements, there is no universally agree ...
and
towns A town is a type of a human settlement, generally larger than a village but smaller than a city. The criteria for distinguishing a town vary globally, often depending on factors such as population size, economic character, administrative stat ...
, or just a portion of either type. These counties have varying degrees of political and legal significance. A
township A township is a form of human settlement or administrative subdivision. Its exact definition varies among countries. Although the term is occasionally associated with an urban area, this tends to be an exception to the rule. In Australia, Canad ...
in the United States refers to a small geographic area. The term is used in two ways: a
survey township A survey township, sometimes called a Congressional township or just township, as used by the United States Public Land Survey System and by Canada's Dominion Land Survey is a nominally-square area of land that is nominally six survey miles (a ...
is simply a geographic reference used to define property location for deeds and grants; a
civil township A civil township is a widely used unit of local government in the United States that is subordinate to a County (United States), county, most often in the northern and midwestern parts of the country. The term town is used in New England town, Ne ...
is a unit of local government, originally rural in application. The
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
and territories are under the direct authority of Congress, although each is allowed home rule. The United States government, rather than individual states or territories, conducts
foreign relations Foreign policy, also known as external policy, is the set of strategies and actions a State (polity), state employs in its interactions with other states, unions, and international entities. It encompasses a wide range of objectives, includ ...
under the U.S. Constitution. Federal enclaves, such as domestic military bases and national parks, are administered directly by the federal government. To varying degrees, the federal government exercises
concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. United States In the United States, state courts are presumed to have concurrent jurisdiction in federal matt ...
with the states where federal land is part of the territory previously granted to a state.


History of United States territory

At times, territories are organized with a separate legislature, under a territorial governor and officers, appointed by the President and approved by the Senate of the United States. A territory has been historically divided into organized territories and unorganized territories. An unorganized territory was generally either unpopulated or set aside for Native Americans and other indigenous peoples in the United States by the U.S. federal government, until such time as the growing and restless population encroached into the areas. In recent times, "unorganized" refers to the degree of self-governmental authority exercised by the territory. As a result of several
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
cases after the
Spanish–American War The Spanish–American War (April 21 – August 13, 1898) was fought between Restoration (Spain), Spain and the United States in 1898. It began with the sinking of the USS Maine (1889), USS ''Maine'' in Havana Harbor in Cuba, and resulted in the ...
, the United States had to determine how to deal with its newly acquired territories, such as the
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
,
Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
,
Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...
,
Wake Island Wake Island (), also known as Wake Atoll, is a coral atoll in the Micronesia subregion of the Pacific Ocean. The atoll is composed of three islets – Wake, Wilkes, and Peale Islands – surrounding a lagoon encircled by a coral reef. The neare ...
, and other areas that were not part of the North American continent and which were not necessarily intended to become a part of the Union of States. As a consequence of the Supreme Court decisions, the United States has since made a distinction between incorporated and unincorporated territories. In essence, an incorporated territory is land that has been irrevocably incorporated within the sovereignty of the United States and to which the full corpus of the U.S. Constitution applies. An unincorporated territory is land held by the United States, and to which
Congress of the United States The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. They both ...
applies selected parts of the constitution. At the present time, the only incorporated U.S. territory is the unorganized (and unpopulated)
Palmyra Atoll Palmyra Atoll (), also referred to as Palmyra Island, is one of the Line Islands, Northern Line Islands (southeast of Kingman Reef and north of Kiribati). It is located almost due south of the Hawaiian Islands, roughly one-third of the way be ...
.


Insular areas

The United States currently claims 16 insular areas as territories: *
American Samoa American Samoa is an Territories of the United States, unincorporated and unorganized territory of the United States located in the Polynesia region of the Pacific Ocean, South Pacific Ocean. Centered on , it is southeast of the island count ...
*
Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...
*
Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI), is an Territories of the United States, unincorporated territory and Commonwealth (U.S. insular area), commonwealth of the United States consistin ...
*
Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
*
United States Virgin Islands The United States Virgin Islands, officially the Virgin Islands of the United States, are a group of Caribbean islands and a territory of the United States. The islands are geographically part of the Virgin Islands archipelago and are located ...
* Minor Outlying Islands **'' Bajo Nuevo Bank'' ** Baker Island **
Howland Island Howland Island () is a coral island and strict nature reserve located just north of the equator in the central Pacific Ocean, about southwest of Honolulu. The island lies almost halfway between Hawaii and Australia and is an Territories of the ...
**
Jarvis Island Jarvis Island (; formerly known as Bunker Island or Bunker's Shoal) is an uninhabited coral island located in the South Pacific Ocean, about halfway between Hawaii and the Cook Islands. It is an Territories of the United States#Unincorporated u ...
**
Johnston Atoll Johnston Atoll is an Unincorporated territories of the United States, unincorporated territory of the United States, under the jurisdiction of the United States Air Force (USAF). The island is closed to public entry, and limited access for mana ...
** Kingman Reef ** Midway Islands **
Navassa Island Navassa Island (; ; , sometimes ) is an uninhabited island in the Caribbean Sea. Located east of Jamaica, south of Cuba, and west of Jérémie on the Tiburon Peninsula of Haiti, it is subject to an ongoing territorial dispute between Haiti and ...
**
Palmyra Atoll Palmyra Atoll (), also referred to as Palmyra Island, is one of the Line Islands, Northern Line Islands (southeast of Kingman Reef and north of Kiribati). It is located almost due south of the Hawaiian Islands, roughly one-third of the way be ...
**'' Serranilla Bank'' **
Wake Island Wake Island (), also known as Wake Atoll, is a coral atoll in the Micronesia subregion of the Pacific Ocean. The atoll is composed of three islets – Wake, Wilkes, and Peale Islands – surrounding a lagoon encircled by a coral reef. The neare ...
:The italicized islands are part of a territory dispute with
Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
and are not included in the ISO designation of the USMOI. The United States does not administer these two territories. Palmyra Atoll is the only ''incorporated territory'' remaining, and having no government it is also ''unorganized''. The remaining are
unincorporated territories of the United States Territories of the United States are sub-national administrative divisions and dependent territories overseen by the federal government of the United States. The American territories differ from the U.S. states and Indian reservations i ...
. Puerto Rico and the Northern Mariana Islands are styled as commonwealths.


Dependent areas

Several islands in the
Pacific Ocean The Pacific Ocean is the largest and deepest of Earth's five Borders of the oceans, oceanic divisions. It extends from the Arctic Ocean in the north to the Southern Ocean, or, depending on the definition, to Antarctica in the south, and is ...
and
Caribbean Sea The Caribbean Sea is a sea of the Atlantic Ocean, North Atlantic Ocean in the tropics of the Western Hemisphere, located south of the Gulf of Mexico and southwest of the Sargasso Sea. It is bounded by the Greater Antilles to the north from Cuba ...
are
dependent territories A dependent territory, dependent area, or dependency (sometimes referred as an external territory) is a territory that does not possess full political independence or sovereignty as a sovereign state and remains politically outside the control ...
of the United States. The
Guantanamo Bay Naval Base Guantanamo Bay Naval Base (), officially known as Naval Station Guantanamo Bay or NSGB, (also called GTMO, pronounced Gitmo as jargon by the U.S. military) is a United States military base located on of land and water on the shore of Guant ...
, Guantanamo Bay, notionally under the sovereignty of
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
, is administered by the United States under a perpetual lease, much as the Panama Canal Zone used to be before the signing of the
Torrijos–Carter Treaties The Torrijos–Carter Treaties () are two treaties signed by the United States and Panama in Washington, D.C., on September 7, 1977, which superseded the Hay–Bunau-Varilla Treaty of 1903. The treaties guaranteed that Panama would gain contro ...
. Only mutual agreement or U.S. abandonment of the area can terminate the lease. From July 8, 1947, until October 1, 1994, the United States administered the
Trust Territory of the Pacific Islands The Trust Territory of the Pacific Islands (TTPI) was a United Nations trust territory in Micronesia administered by the United States from 1947 to 1994. The Imperial Japanese South Seas Mandate had been seized by the U.S. during the Pacifi ...
, but the Trust ceased to exist when the last member state of Palau gained its independence to become the
Republic of Palau Palau, officially the Republic of Palau, is an island country in the Micronesia subregion of Oceania in the western Pacific Ocean. The Republic of Palau consists of approximately 340 islands and is the western part of the Caroline Islands, w ...
. The
Panama Canal The Panama Canal () is an artificial waterway in Panama that connects the Caribbean Sea with the Pacific Ocean. It cuts across the narrowest point of the Isthmus of Panama, and is a Channel (geography), conduit for maritime trade between th ...
, and the Canal Zone surrounding it, was territory administered by the United States until 1999, when control was relinquished to
Panama Panama, officially the Republic of Panama, is a country in Latin America at the southern end of Central America, bordering South America. It is bordered by Costa Rica to the west, Colombia to the southeast, the Caribbean Sea to the north, and ...
. The United States has made no territorial claim in
Antarctica Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean (also known as the Antarctic Ocean), it contains the geographic South Pole. ...
but has reserved the right to do so. American
research stations in Antarctica Multiple governments have set up permanent research stations in Antarctica and these bases are widely distributed. Unlike the drifting ice stations set up in the Arctic, the current research stations of the Antarctic are constructed either on ...
Amundsen–Scott South Pole Station The Amundsen–Scott South Pole Station is a science and technology in the United States, United States scientific research station at the South Pole of the Earth. It is the List of extreme points of the United States, southernmost point under ...
,
McMurdo Station McMurdo Station is an American Antarctic research station on the southern tip of Ross Island. It is operated by the United States through the United States Antarctic Program (USAP), a branch of the National Science Foundation. The station is ...
, and Palmer Station—are under U.S. jurisdiction but are held without sovereignty per the Antarctic Treaty. The three Freely Associated States of
Federated States of Micronesia The Federated States of Micronesia (, abbreviated FSM), or simply Micronesia, is an island country in Micronesia, a region of Oceania. The federation encompasses the majority of the Caroline Islands (excluding Palau) and consists of four Admin ...
, Republic of the Marshall Islands, and the
Republic of Palau Palau, officially the Republic of Palau, is an island country in the Micronesia subregion of Oceania in the western Pacific Ocean. The Republic of Palau consists of approximately 340 islands and is the western part of the Caroline Islands, w ...
are not under U.S. sovereignty, but each participates in federal programs under a
Compact of Free Association The Compacts of Free Association (COFA) are international agreements establishing and governing the relationships of free association between the United States and the three Pacific Island sovereign states of the Federated States of Micronesia ( ...
.


Maritime territory of the United States

The government of the United States of America has claims to the oceans in accord with the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. , 169 sov ...
, which delineates a zone of territory adjacent to territorial lands and seas. United States protects this marine environment, though not interfering with other lawful uses of this zone. The United States' jurisdiction has been established on vessels, ships, and artificial islands (along with other marine structures). In 1983 President
Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
, through Proclamation No. 5030, claimed a 200-mile
exclusive economic zone An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine natural resource, reso ...
. In December 1988, President Reagan, through Proclamation No. 5928, extended U.S.
territorial waters Territorial waters are informally an area of water where a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf ( ...
from three nautical miles to twelve nautical miles for national security purposes. However a legal opinion from the Justice Department questioned the President's constitutional authority to extend sovereignty as Congress has the power to make laws concerning the territory belonging to the United States under the U.S. Constitution. In any event, Congress needs to make laws defining if the extended waters, including oil and mineral rights, are under state or federal control. The primary enforcer of maritime law is the U.S. Coast Guard. Federal and state governments share economic and regulatory jurisdiction over the waters owned by the country. (See tidelands.)


International law

The United States is not restricted from making laws governing its own territory by
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. United States territory can include occupied territory, which is a geographic area that claims
sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...
, but is being forcibly subjugated to the authority of the United States of America. United States territory can also include
disputed territory A territorial dispute or boundary dispute is a disagreement over the possession or control of territories (land, water or airspace) between two or more political entities. Context and definitions Territorial disputes are often related to the ...
, which is a geographic area claimed by the United States of America and one (or more) rival governments. Under the
Hague Conventions of 1899 and 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
, United States territory can include areas occupied by and controlled by the
United States Armed Forces The United States Armed Forces are the Military, military forces of the United States. U.S. United States Code, federal law names six armed forces: the United States Army, Army, United States Marine Corps, Marine Corps, United States Navy, Na ...
. When de facto military control is maintained and exercised, occupation (and thus possession) extends to that territory. Military personnel in control of the territory have a responsibility to provide for the basic needs of individuals under their control (which includes food, clothing, shelter, medical attention, law maintenance, and social order). To prevent systematic abuse of puppet governments by the occupation forces, they must enforce laws that were in place in the territory prior to the occupation.


Customs territories

The fifty states, the District of Columbia, and Puerto Rico form the main customs territory of the United States. Special rules apply to foreign trade zones in these areas. Separate customs territories are formed by American Samoa, Guam, Northern Mariana Islands, the U.S. Minor Outlying Islands, and the U.S. Virgin Islands.


Other areas

U.S. sovereignty includes the airspace over its land and territorial waters. No international agreement exists on the vertical limit that separates this from outer space, which is international. Federal jurisdiction includes federal enclaves like national parks and domestic military bases, even though these are located in the territory of a state. Host states exercise
concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. United States In the United States, state courts are presumed to have concurrent jurisdiction in federal matt ...
to some degree. The United States exercises
extraterritoriality In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdict ...
on military installations, American embassies and
consulate A consulate is the office of a consul. A type of mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth countries, a ...
s located in foreign countries, and research centers and field camps in
Antarctica Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean (also known as the Antarctic Ocean), it contains the geographic South Pole. ...
. Despite exercise of
extraterritorial jurisdiction Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the external ...
, these overseas locations remain under the sovereignty of the host countries (except Antarctica, where there is no host country). Because they are not part of any state, extraterritorial jurisdiction is federal, with Congress's
plenary power A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin language, Latin term . United States In United States constitutional law, plenary powe ...
under Article IV, Section 3, Clause 2 of the U.S. Constitution. The federal government also exercises property ownership, but not sovereignty over land in various foreign countries. Examples include the ''John F. Kennedy Memorial'' built at
Runnymede Runnymede is a water-meadow alongside the River Thames in the English county of Surrey, bordering Berkshire and just over west of central London. It is notable for its association with the sealing of Magna Carta, and as a consequence is, with ...
in England, and around Pointe du Hoc in Normandy, France.


History of U.S. federal lands

The
Land Ordinance of 1785 The Land Ordinance of 1785 was adopted by the United States Congress of the Confederation on May 20, 1785. It set up a standardized system whereby settlers could purchase title to farmland in the undeveloped west. Congress at the time did not hav ...
and the
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
of 1787 provided for the survey and settlement of the lands that the original
Thirteen Colonies The Thirteen Colonies were the British colonies on the Atlantic coast of North America which broke away from the British Crown in the American Revolutionary War (1775–1783), and joined to form the United States of America. The Thirteen C ...
ceded to the federal government after the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
. As additional lands were acquired by the United States from
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
and other countries, the
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
directed that they be explored, surveyed, and made available for settlement. During the Revolutionary War, military bounty land was promised to soldiers who fought for the colonies. After the war, the Treaty of Paris of 1783, signed by the United States, the UK,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
, and
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
, ceded territory to the United States. In the 1780s, other states relinquished their own claims to land in modern-day
Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...
. By this time, the United States needed revenue to function.Vernon Carstensen, "Patterns on the American Land." ''Journal of Federalism,'' Fall 1987, Vol. 18 Issue 4, pp 31–39 Land was sold so that the government would have money to survive. In order to sell the land, surveys needed to be conducted. The
Land Ordinance of 1785 The Land Ordinance of 1785 was adopted by the United States Congress of the Confederation on May 20, 1785. It set up a standardized system whereby settlers could purchase title to farmland in the undeveloped west. Congress at the time did not hav ...
instructed a geographer to oversee this work as undertaken by a group of surveyors. The first years of surveying were completed by trial and error; once the territory of Ohio had been surveyed, a modern public land survey system had been developed. In 1812, Congress established the
United States General Land Office The General Land Office (GLO) was an Independent agencies of the United States government, independent agency of the United States government responsible for Public domain (land), public domain lands in the United States. It was created in 1812 ...
as part of the Department of the Treasury to oversee the disposition of these federal lands.A History of the Rectangular Survey System by C. Albert White, 1983, Pub: Washington, D.C.: U.S. Dept. of the Interior, Bureau of Land Management: For sale by G.P.O. By the early 1800s, promised bounty land claims were finally fulfilled. In the 19th century, other bounty land and homestead laws were enacted to dispose of federal land. Several different types of patents existed. These include cash entry, credit, homestead, Indian, military warrants, mineral certificates, private land claims, railroads, state selections, swamps, town sites, and town lots. A system of local land offices spread throughout the territories, patenting land that was surveyed via the corresponding Office of the Surveyor General of a particular territory. This pattern gradually spread across the entire United States. The laws that spurred this system with the exception of the General Mining Law of 1872 and the Desert Land Act of 1877 have since been repealed or superseded. In the early 20th century, Congress took additional steps toward recognizing the value of the assets on public lands and directed the
Executive Branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
to manage activities on the remaining public lands. The Mineral Leasing Act of 1920 allowed leasing, exploration, and production of selected commodities, such as
coal Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams. Coal is mostly carbon with variable amounts of other Chemical element, elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal i ...
, oil, gas, and
sodium Sodium is a chemical element; it has Symbol (chemistry), symbol Na (from Neo-Latin ) and atomic number 11. It is a soft, silvery-white, highly reactive metal. Sodium is an alkali metal, being in group 1 element, group 1 of the peri ...
to take place on public lands. The Taylor Grazing Act of 1934 established the
United States Grazing Service The United States Grazing Service (USGS) was established in 1934 as part of the Taylor Grazing Act. This act was designed to control the destruction of public land due to overgrazing, which had become a problem across western states like Color ...
to manage the public rangelands by establishment of advisory boards that set grazing fees. The Oregon and California Revested Lands Sustained Yield Management Act of 1937, commonly referred as the O&C Act, required sustained yield management of the timberlands in western Oregon. Currently, federal lands are about 640 million
acre The acre ( ) is a Unit of measurement, unit of land area used in the Imperial units, British imperial and the United States customary units#Area, United States customary systems. It is traditionally defined as the area of one Chain (unit), ch ...
s, about 28% of the total U.S. land area of 2.27 billion acres.Lipton, Eric, and Clifford Krauss
Giving Reins to the States Over Drilling
''New York Times'', August 24, 2012.
Carol Hardy Vincent, Carla N. Argueta, & Laura A. Hanson
Federal Land Ownership: Overview and Data
Congress Research Service (March 3, 2017).


See also

*
Territories of the United States Territories of the United States are sub-national administrative divisions and dependent territory, dependent territories overseen by the federal government of the United States. The American territories differ from the U.S. states and Indi ...
*
Exclusive economic zone of the United States The United States has the world's largest exclusive economic zone (EEZ). The total size is 2. Areas of its EEZ are located in three oceans, the Gulf of Mexico, and the Caribbean Sea. Most notable areas are Alaska, Hawaii, the East Coast, West C ...
* '' Tuaua v. United States'' * '' Fitisemanu v. United States''


References


Notes

* * * *


External links


USGS map of the territorial acquisitions of the U.S.
{{Former sovereign or unrecognized states within the United States Colonization history of the United States Federal government of the United States