US (United States) Code. Title 48. Chapter 17: Northern Mariana Island

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Territories and insular possesions

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-CITE-

48 USC CHAPTER 17 - NORTHERN MARIANA ISLANDS 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

-HEAD-

CHAPTER 17 - NORTHERN MARIANA ISLANDS

-MISC1-

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

Sec.

1801. Approval of Covenant to Establish a Commonwealth of

the Northern Mariana Islands.

1802. Consideration of issues affecting relations with

United States.

1803. Financial assistance to Government of Northern Mariana

Islands.

1804. Direct grant assistance.

(a) Composite price index adjustments not

applicable.

(b) Additional years of assistance.

(c) Specific allocations for capital infrastructure

projects.

(d) Resettlement of Rongelap Atoll.

1805. Failure to meet performance standards; resolution of

issues; withholding of funds.

SUBCHAPTER II - JUDICIAL MATTERS

1821. District Court for the Northern Mariana Islands.

(a) Establishment; judicial circuit; terms of

court.

(b) Appointment, tenure, removal, compensation,

etc., of District Court judge; appointment of

United States attorney and United States

marshal.

(c) Applicability of Federal rules and statutory

requirements.

1822. Jurisdiction of District Court; original jurisdiction;

procedural requirements.

1823. Appellate jurisdiction of District Court; procedure;

review by United States Court of Appeals for Ninth

Circuit; rules.

(a) Appellate jurisdiction of District Court.

(b) Appellate division of District Court; quorum;

presiding judge; designation of judges;

decisions.

(c) United States Court of Appeals for Ninth

Circuit; jurisdiction; appeals; rules.

1824. Relations between courts of United States and courts

of Northern Mariana Islands; applicability of

statutory provisions.

1825. Effective date.

1826. Authorization of appropriations.

SUBCHAPTER III - MISCELLANEOUS

1841. Funds and services.

(a) Acquisition and construction of powerplant and

distribution facilities.

(b) Services and facilities of Federal agencies;

grants-in-aid; availability of appropriations

in succeeding fiscal years.

(c) Food stamps and distribution of donated foods.

(d) Administration and enforcement of revenue and

taxation provisions of Covenant.

1842. Covering into Commonwealth treasury of tax proceeds

collected pursuant to Covenant.

1843. Exemption from taxation for income derived from

sources within Commonwealth.

(a) Taxable years beginning after December 31,

1978, but not after January 1, 1985.

(b) Taxable years beginning after December 31,

1980, and before January 1, 1982.

(c) Tax rebates.

1844. Political union between Territory of Guam and

Commonwealth of Northern Mariana Islands.

1845. Plans for development, utilization, and conservation

of water and related land resources.

1846. Exemption from assessment and taxation of real

property owned by Commonwealth in United States

capital.

-End-

-CITE-

48 USC SUBCHAPTER I - APPROVAL OF COVENANT AND

SUPPLEMENTAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-HEAD-

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1421q-1, 1469a-1,

1574-1, 1821, 1841, 1842, 1843, 1908 of this title; title 16

section 1453.

-End-

-CITE-

48 USC Sec. 1801 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1801. Approval of Covenant to Establish a Commonwealth of the

Northern Mariana Islands

-STATUTE-

The Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America, the

text of which is as follows, is hereby approved.

-SOURCE-

(Pub. L. 94-241, Sec. 1, Mar. 24, 1976, 90 Stat. 263.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America,

referred to in text, which was contained in this section (section 1

of Pub. L. 94-241), is set out as a note below.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of this title.

-MISC1-

APPLICABILITY OF REQUIREMENT OF UNITED STATES CITIZENSHIP OR

NATIONALITY AS PREREQUISITE OF ANY BENEFIT, RIGHT, ETC., TO

CITIZENS OF NORTHERN MARIANA ISLANDS

Pub. L. 98-213, Secs. 17-25, Dec. 8, 1983, 97 Stat. 1463-1466,

exempted citizens of Northern Mariana Islands from laws prohibiting

United States Government from compensating or employing noncitizens

and from requirement of United States citizenship in certain

Federal laws providing Federal services or financial assistance to

Northern Mariana Islands, authorized President to issue

proclamations exempting citizens of Northern Mariana Islands from

United States citizenship or nationality requirements of certain

statutes, provided that if President failed to timely issue a

proclamation, the requirement of United States citizenship or

nationality as a prerequisite of any benefit, right, privilege, or

immunity in any statute made applicable to the Northern Mariana

Islands would not apply to citizens of the Northern Mariana

Islands, provided that Pub. L. 98-213 did not extend to Northern

Mariana Islands any statutory provision or regulation, particularly

statutes relating to immigration and nationality, not otherwise

applicable to or within Northern Mariana Islands, provided for

termination of President's authority to issue proclamations upon

establishment of Commonwealth of the Northern Mariana Islands,

defined terms, and provided for merger of benefits acquired under

Pub. L. 98-213 into those acquired by virtue of United States

citizenship unless recipient exercised his privilege to become a

national but not a citizen of United States.

AUTHORIZATION OF APPROPRIATIONS FOR TRANSITION OF MARIANA ISLANDS

DISTRICT TO COMMONWEALTH STATUS

Pub. L. 94-27, Sec. 2, May 28, 1975, 89 Stat. 95, authorized

appropriation of $1,500,000 to aid in transition of Mariana Islands

District to a new Commonwealth status as a territory of United

States and provided that no part could be obligated or expended

until Congress approved final agreement between Marianas Political

Status Commission and United States.

RECITAL CLAUSES

Pub. L. 94-241 which enacted this subchapter contained several

"Whereas" clauses reading as follows:

"Whereas the United States is the administering authority of the

Trust Territory of the Pacific Islands under the terms of the

trusteeship agreement for the former Japanese-mandated islands

entered into by the United States with the Security Council of the

United Nations on April 2, 1947, and approved by the United States

on July 18, 1947; and

"Whereas the United States, in accordance with the trusteeship

agreement and the Charter of the United Nations, has assumed the

obligation to promote the development of the peoples of the trust

territory toward self-government or independence as may be

appropriate to the particular circumstances of the trust territory

and its peoples and the freely expressed wishes of the peoples

concerned; and

"Whereas the United States, in response to the desires of the

people of the Northern Mariana Islands clearly expressed over the

past twenty years through public petition and referendum, and in

response to its own obligations under the trusteeship agreement to

promote self-determination, entered into political status

negotiations with representatives of the people of the Northern

Mariana Islands; and

"Whereas, on February 15, 1975, a 'Covenant to Establish A

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America' [set out below] was signed by

the Marianas Political Status Commission for the people of the

Northern Mariana Islands and by the President's Personal

Representative, Ambassador F. Haydn Williams for the United States

of America, following which the covenant was approved by the

unanimous vote of the Mariana Islands District Legislature on

February 20, 1975 and by 78.8 per centum of the people of the

Northern Mariana Islands voting in a plebiscite held on June 17,

1975".

TEXT OF COVENANT

Section 1 of Pub. L. 94-241, as amended by Pub. L. 98-213, Sec.

9, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 104-208, div. A, title I,

Sec. 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181,

3009-196, contained the Covenant to Establish a Commonwealth of the

Northern Mariana Islands in Political Union with the United States

of America as follows:

"COVENANT TO ESTABLISH A COMMONWEALTH OF THE NORTHERN MARIANA

ISLANDS IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA

"Whereas, the Charter of the United Nations and the Trusteeship

Agreement between the Security Council of the United Nations and

the United States of America guarantee to the people of the

Northern Mariana Islands the right freely to express their wishes

for self-government or independence; and

"Whereas, the United States supports the desire of the people of

the Northern Mariana Islands to exercise their inalienable right of

self-determination; and

"Whereas, the people of the Northern Mariana Islands and the

people of the United States share the goals and values found in the

American system of government based upon the principles of

government by the consent of the governed, individual freedom and

democracy; and

"Whereas, for over twenty years, the people of the Northern

Mariana Islands, through public petition and referendum, have

clearly expressed their desire for political union with the United

States;

"Now, therefore, the Marianas Political Status Commission, being

the duly appointed representative of the people of the Northern

Mariana Islands, and the Personal Representative of the President

of the United States have entered into this Covenant in order to

establish a self-governing commonwealth for the Northern Mariana

Islands within the American political system and to define the

future relationship between the Northern Mariana Islands and the

United States. This Covenant will be mutually binding when it is

approved by the United States, by the Mariana Islands District

Legislature and by the people of the Northern Mariana Islands in a

plebiscite, constituting on their part a sovereign act of

self-determination.

"ARTICLE I

"POLITICAL RELATIONSHIP

"Section 101. The Northern Mariana Islands upon termination of

the Trusteeship Agreement will become a self-governing commonwealth

to be known as the 'Commonwealth of the Northern Mariana Islands',

in political union with and under the sovereignty of the United

States of America.

"Section 102. The relations between the Northern Mariana Islands

and the United States will be governed by this Covenant which,

together with those provisions of the Constitution, treaties and

laws of the United States applicable to the Northern Mariana

Islands, will be the supreme law of the Northern Mariana Islands.

"Section 103. The people of the Northern Mariana Islands will

have the right of local self-government and will govern themselves

with respect to internal affairs in accordance with a Constitution

of their own adoption.

"Section 104. The United States will have complete responsibility

for and authority with respect to matters relating to foreign

affairs and defense affecting the Northern Mariana Islands.

"Section 105. The United States may enact legislation in

accordance with its constitutional processes which will be

applicable to the Northern Mariana Islands, but if such legislation

cannot also be made applicable to the several States the Northern

Mariana Islands must be specifically named therein for it to become

effective in the Northern Mariana Islands. In order to respect the

right of self-government guaranteed by this Covenant the United

States agrees to limit the exercise of that authority so that the

fundamental provisions of this Covenant, namely Articles I, II and

III and Sections 501 and 805, may be modified only with the consent

of the Government of the United States and the Government of the

Northern Mariana Islands.

"ARTICLE II

"CONSTITUTION OF THE NORTHERN MARIANA ISLANDS

"Section 201. The people of the Northern Mariana Islands will

formulate and approve a Constitution and may amend their

Constitution pursuant to the procedures provided therein.

"Section 202. The Constitution will be submitted to the

Government of the United States for approval on the basis of its

consistency with this Covenant and those provisions of the

Constitution, treaties and laws of the United States to be

applicable to the Northern Mariana Islands. The Constitution will

be deemed to have been approved six months after its submission to

the President on behalf of the Government of the United States

unless earlier approved or disapproved. If disapproved the

Constitution will be returned and will be resubmitted in accordance

with this Section. Amendments to the Constitution may be made by

the people of the Northern Mariana Islands without approval by the

Government of the United States, but the courts established by the

Constitution or laws of the United States will be competent to

determine whether the Constitution and subsequent amendments

thereto are consistent with this Covenant and with those provisions

of the Constitution, treaties and laws of the United States

applicable to the Northern Mariana Islands.

"Section 203. (a) The Constitution will provide for a republican

form of government with separate executive, legislative and

judicial branches, and will contain a bill of rights.

"(b) The executive power of the Northern Mariana Islands will be

vested in a popularly elected Governor and such other officials as

the Constitution or laws of the Northern Mariana Islands may

provide.

"(c) The legislative power of the Northern Mariana Islands will

be vested in a popularly elected legislature and will extend to all

rightful subjects of legislation. The Constitution of the Northern

Mariana Islands will provide for equal representation for each of

the chartered municipalities of the Northern Mariana Islands in one

house of a bicameral legislature, notwithstanding other provisions

of this Covenant or those provisions of the Constitution or laws of

the United States applicable to the Northern Mariana Islands.

"(d) The judicial power of the Northern Mariana Islands will be

vested in such courts as the Constitution or laws of the Northern

Mariana Islands may provide. The Constitution or laws of the

Northern Mariana Islands may vest in such courts jurisdiction over

all causes in the Northern Mariana Islands over which any court

established by the Constitution or laws of the United States does

not have exclusive jurisdiction.

"Section 204. All members of the legislature of the Northern

Mariana Islands and all officers and employees of the Government of

the Northern Mariana Islands will take an oath or affirmation to

support this Covenant, those provisions of the Constitution,

treaties and laws of the United States applicable to the Northern

Mariana Islands, and the Constitution and laws of the Northern

Mariana Islands.

"ARTICLE III

"CITIZENSHIP AND NATIONALITY

"Section 301. The following persons and their children under the

age of 18 years on the effective date of this Section, who are not

citizens or nationals of the United States under any other

provision of law, and who on that date do not owe allegiance to any

foreign state, are declared to be citizens of the United States,

except as otherwise provided in Section 302:

"(a) all persons born in the Northern Mariana Islands who are

citizens of the Trust Territory of the Pacific Islands on the day

preceding the effective date of this Section, and who on that

date are domiciled in the Northern Mariana Islands or in the

United States or any territory or possession thereof;

"(b) all persons who are citizens of the Trust Territory of the

Pacific Islands on the day preceding the effective date of this

Section, who have been domiciled continuously in the Northern

Mariana Islands for at least five years immediately prior to that

date, and who, unless under age, registered to vote in elections

for the Marianas Islands District Legislature or for any

municipal election in the Northern Mariana Islands prior to

January 1, 1975; and

"(c) all persons domiciled in the Northern Mariana Islands on

the day preceding the effective date of this Section, who,

although not citizens of the Trust Territory of the Pacific

Islands, on that date have been domiciled continuously in the

Northern Mariana Islands beginning prior to January 1, 1974.

"Section 302. Any person who becomes a citizen of the United

States solely by virtue of the provisions of Section 301 may within

six months after the effective date of that Section or within six

months after reaching the age of 18 years, whichever date is the

later, become a national but not a citizen of the United States by

making a declaration under oath before any court established by the

Constitution or laws of the United States or any court of record in

the Commonwealth in the form as follows:

" 'I ________ being duly sworn, hereby declare my intention to be

a national but not a citizen of the United States.'

"Section 303. All persons born in the Commonwealth on or after

the effective date of this Section and subject to the jurisdiction

of the United States will be citizens of the United States at

birth.

"Section 304. Citizens of the Northern Mariana Islands will be

entitled to all privileges and immunities of citizens in the

several States of the United States.

"ARTICLE IV

"JUDICIAL AUTHORITY

"Section 401. The United States will establish for and within the

Northern Mariana Islands a court of record to be known as the

'District Court for the Northern Mariana Islands'. The Northern

Mariana Islands will constitute a part of the same judicial circuit

of the United States as Guam.

"Section 402. (a) The District Court for the Northern Mariana

Islands will have the jurisdiction of a district court of the

United States, except that in all causes arising under the

Constitution, treaties or laws of the United States it will have

jurisdiction regardless of the sum or value of the matter in

controversy.

"(b) The District Court will have original jurisdiction in all

causes in the Northern Mariana Islands not described in Subsection

(a) jurisdiction over which is not vested by the Constitution or

laws of the Northern Mariana Islands in a court or courts of the

Northern Mariana Islands. In causes brought in the District Court

solely on the basis of this subsection, the District Court will be

considered a court of the Northern Mariana Islands for the purposes

of determining the requirements of indictment by grand jury or

trial by jury.

"(c) The District Court will have such appellate jurisdiction as

the Constitution or laws of the Northern Mariana Islands may

provide. When it sits as an appellate court, the District Court

will consist of three judges, at least one of whom will be a judge

of a court of record of the Northern Mariana Islands.

"Section 403. (a) The relations between the courts established by

the Constitution or laws of the United States and the courts of the

Northern Mariana Islands with respect to appeals, certiorari,

removal of causes, the issuance of writs of habeas corpus and other

matters or proceedings will be governed by the laws of the United

States pertaining to the relations between the courts of the United

States and the courts of the several States in such matters and

proceedings, except as otherwise provided in this Article; provided

that for the first fifteen years following the establishment of an

appellate court of the Northern Mariana Islands the United States

Court of Appeals for the judicial circuit which includes the

Northern Mariana Islands will have jurisdiction of appeals from all

final decisions of the highest court of the Northern Mariana

Islands from which a decision could be had in all cases involving

the Constitution, treaties or laws of the United States, or any

authority exercised thereunder, unless those cases are reviewable

in the District Court for the Northern Mariana Islands pursuant to

Subsection 402(c).

"(b) Those portions of Title 28 of the United States Code which

apply to Guam or the District Court of Guam will be applicable to

the Northern Mariana Islands or the District Court for the Northern

Mariana Islands, respectively, except as otherwise provided in this

Article.

"ARTICLE V

"APPLICABILITY OF LAWS

"Section 501. (a) To the extent that they are not applicable of

their own force, the following provisions of the Constitution of

the United States will be applicable within the Northern Mariana

Islands as if the Northern Mariana Islands were one of the several

States: Article I, Section 9, Clauses 2, 3, and 8; Article I,

Section 10, Clauses 1 and 3; Article IV, Section 1 and Section 2,

Clauses 1 and 2; Amendments 1 through 9, inclusive; Amendment 13;

Amendment 14, Section 1; Amendment 15; Amendment 19; and Amendment

26; provided, however, that neither trial by jury nor indictment by

grand jury shall be required in any civil action or criminal

prosecution based on local law, except where required by local law.

Other provisions of or amendments to the Constitution of the United

States, which do not apply of their own force within the Northern

Mariana Islands, will be applicable within the Northern Mariana

Islands only with approval of the Government of the Northern

Mariana Islands and of the Government of the United States.

"(b) The applicability of certain provisions of the Constitution

of the United States to the Northern Mariana Islands will be

without prejudice to the validity of and the power of the Congress

of the United States to consent to Sections 203, 506 and 805 and

the proviso in Subsection (a) of this Section.

"Section 502. (a) The following laws of the United States in

existence on the effective date of this Section and subsequent

amendments to such laws will apply to the Northern Mariana Islands,

except as otherwise provided in this Covenant:

"(1) those laws which provide federal services and financial

assistance programs and the federal banking laws as they apply to

Guam; Section 228 of Title II and Title XVI of the Social

Security Act as it applies to the several States; the Public

Health Service Act as it applies to the Virgin Islands; and the

Micronesian Claims Act as it applies to the Trust Territory of

the Pacific Islands;

"(2) those laws not described in paragraph (1) which are

applicable to Guam and which are of general application to the

several States as they are applicable to the several States; and

"(3) those laws not described in paragraph (1) or (2) which are

applicable to the Trust Territory of the Pacific Islands, but not

their subsequent amendments unless specifically made applicable

to the Northern Mariana Islands, as they apply to the Trust

Territory of the Pacific Islands until termination of the

Trusteeship Agreement, and will thereafter be inapplicable.

"(b) The laws of the United States regarding coastal shipments

and the conditions of employment, including the wages and hours of

employees, will apply to the activities of the United States

Government and its contractors in the Northern Mariana Islands.

"Section 503. The following laws of the United States, presently

inapplicable to the Trust Territory of the Pacific Islands, will

not apply to the Northern Mariana Islands except in the manner and

to the extent made applicable to them by the Congress by law after

termination of the Trusteeship Agreement:

"(a) except as otherwise provided in Section 506, the

immigration and naturalization laws of the United States;

"(b) except as otherwise provided in Subsection (b) of Section

502, the coastwise laws of the United States and any prohibition

in the laws of the United States against foreign vessels landing

fish or unfinished fish products in the United States; and

"(c) the minimum wage provisions of Section 6, Act of June 25,

1938, 52 Stat. 1062, as amended.

"Section 504. The President will appoint a Commission on Federal

Laws to survey the laws of the United States and to make

recommendations to the United States Congress as to which laws of

the United States not applicable to the Northern Mariana Islands

should be made applicable and to what extent and in what manner,

and which applicable laws should be made inapplicable and to what

extent and in what manner. The Commission will consist of seven

persons (at least four of whom will be citizens of the Trust

Territory of the Pacific Islands who are and have been for at least

five years domiciled continuously in the Northern Mariana Islands

at the time of their appointments) who will be representative of

the federal, local, private and public interests in the

applicability of laws of the United States to the Northern Mariana

Islands. The Commission will make its final report and

recommendations to the Congress within one year after the

termination of the Trusteeship Agreement, and before that time will

make such interim reports and recommendations to the Congress as it

considers appropriate to facilitate the transition of the Northern

Mariana Islands to its new political status. In formulating its

recommendations the Commission will take into consideration the

potential effect of each law on local conditions within the

Northern Mariana Islands, the policies embodied in the law and the

provisions and purposes of this Covenant. The United States will

bear the cost of the work of the Commission.

"Section 505. The laws of the Trust Territory of the Pacific

Islands, of the Mariana Islands District and its local

municipalities, and all other Executive and District orders of a

local nature applicable to the Northern Mariana Islands on the

effective date of this Section and not inconsistent with this

Covenant or with those provisions of the Constitution, treaties or

laws of the United States applicable to the Northern Mariana

Islands will remain in force and effect until and unless altered by

the Government of the Northern Mariana Islands.

"Section 506. (a) Notwithstanding the provisions of Subsection

503(a), upon the effective date of this Section the Northern

Mariana Islands will be deemed to be a part of the United States

under the Immigration and Nationality Act, as amended for the

following purposes only, and the said Act will apply to the

Northern Mariana Islands to the extent indicated in each of the

following Subsections of this Section.

"(b) With respect to children born abroad to United States

citizen or non-citizen national parents permanently residing in the

Northern Mariana Islands the provisions of Sections 301 and 308 of

the said Act will apply.

"(c) With respect to aliens who are 'immediate relatives' (as

defined in Subsection 201(b) of the said Act) of United States

citizens who are permanently residing in the Northern Mariana

Islands all the provisions of the said Act will apply, commencing

when a claim is made to entitlement to 'immediate relative' status.

A person who is certified by the Government of the Northern Mariana

Islands both to have been a lawful permanent resident of the

Northern Mariana Islands and to have had the 'immediate relative'

relationship denoted herein on the effective date of this Section

will be presumed to have been admitted to the United States for

lawful permanent residence as of that date without the requirement

of any of the usual procedures set forth in the said Act. For the

purpose of the requirements of judicial naturalization, the

Northern Mariana Islands will be deemed to constitute a State as

defined in Subsection 101(a) paragraph (36) of the said Act. The

Courts of record of the Northern Mariana Islands and the District

Court for the Northern Mariana Islands will be included among the

courts specified in Subsection 310(a) of the said Act and will have

jurisdiction to naturalize persons who become eligible under this

Section and who reside within their respective jurisdictions.

"(d) With respect to persons who will become citizens or

nationals of the United States under Article III of this Covenant

or under this Section the loss of nationality provisions of the

said Act will apply.

"ARTICLE VI

"REVENUE AND TAXATION

"Section 601. (a) The income tax laws in force in the United

States will come into force in the Northern Mariana Islands as a

local territorial income tax on the first day of January following

the effective date of this Section, in the same manner as those

laws are in force in Guam.

"(b) Any individual who is a citizen or a resident of the United

States, of Guam, or of the Northern Mariana Islands (including a

national of the United States who is not a citizen), will file only

one income tax return with respect to his income, in a manner

similar to the provisions of Section 935 of Title 26, United States

Code.

"(c) References in the Internal Revenue Code to Guam will be

deemed also to refer to the Northern Mariana Islands, where not

otherwise distinctly expressed or manifestly incompatible with the

intent thereof or of this Covenant.

"Section 602. The Government of the Northern Mariana Islands may

by local law impose such taxes, in addition to those imposed under

Section 601, as it deems appropriate and provide for the rebate of

any taxes received by it, except that the power of the Government

of the Northern Mariana Islands to rebate collections of the local

territorial income tax received by it will be limited to taxes on

income derived from sources within the Northern Mariana Islands.

"Section 603. (a) The Northern Mariana Islands will not be

included within the customs territory of the United States.

"(b) The Government of the Northern Mariana Islands may, in a

manner consistent with the international obligations of the United

States, levy duties on goods imported into its territory from any

area outside the customs territory of the United States and impose

duties on exports from its territory.

"(c) Imports from the Northern Mariana Islands into the customs

territory of the United States will be subject to the same

treatment as imports from Guam into the customs territory of the

United States.

"(d) The Government of the United States will seek to obtain from

foreign countries favorable treatment for exports from the Northern

Mariana Islands and will encourage other countries to consider the

Northern Mariana Islands a developing territory.

"Section 604. (a) The Government of the United States may levy

excise taxes on goods manufactured, sold or used or services

rendered in the Northern Mariana Islands in the same manner and to

the same extent as such taxes are applicable within Guam.

"(b) The Government of the Northern Mariana Islands will have the

authority to impose excise taxes upon goods manufactured, sold or

used or services rendered within its territory or upon goods

imported into its territory, provided that such excise taxes

imposed on goods imported into its territory will be consistent

with the international obligations of the United States.

"Section 605. Nothing in this Article will be deemed to authorize

the Government of the Northern Mariana Islands to impose any

customs duties on the property of the United States or on the

personal property of military or civilian personnel of the United

States Government or their dependents entering or leaving the

Northern Mariana Islands pursuant to their contract of employment

or orders assigning them to or from the Northern Mariana Islands or

to impose any taxes on the property, activities or

instrumentalities of the United States which one of the several

States could not impose; nor will any provision of this Article be

deemed to affect the operation of the Soldiers and Sailors Civil

Relief Act of 1940, as amended, which will be applicable to the

Northern Mariana Islands as it is applicable to Guam.

"Section 606. (a) Not later than at the time this Covenant is

approved, that portion of the Trust Territory Social Security

Retirement Fund attributable to the Northern Mariana Islands will

be transferred to the Treasury of the United States, to be held in

trust as a separate fund to be known as the 'Northern Mariana

Islands Social Security Retirement Fund'. This fund will be

administered by the United States in accordance with the social

security laws of the Trust Territory of the Pacific Islands in

effect at the time of such transfer, which may be modified by the

Government of the Northern Mariana Islands only in a manner which

does not create any additional differences between the social

security laws of the Trust Territory of the Pacific Islands and the

laws described in Subsection (b). The United States will supplement

such fund if necessary to assure that persons receive benefits

therefrom comparable to those they would have received from the

Trust Territory Social Security Retirement Fund under the laws

applicable thereto on the day preceding the establishment of the

Northern Mariana Islands Social Security Retirement Fund, so long

as the rate of contributions thereto also remains comparable.

"(b) Those laws of the United States which impose excise and

self-employment taxes to support or which provide benefits from the

United States Social Security System will on January 1 of the first

calendar year following the termination of the Trusteeship

Agreement or upon such earlier date as may be agreed to by the

Government of the Northern Mariana Islands and the Government of

the United States become applicable to the Northern Mariana Islands

as they apply to Guam. (As amended Pub. L. 98-213, Sec. 9, Dec. 8,

1983, 97 Stat. 1461.)

"(c) At such time as the laws described in Subsection (b) become

applicable to the Northern Mariana Islands:

"(1) the Northern Mariana Islands Social Security Retirement

Fund will be transferred into the appropriate Federal Social

Security Trust Funds;

"(2) prior contributions by or on behalf of persons domiciled

in the Northern Mariana Islands to the Trust Territory Social

Security Retirement Fund or the Northern Mariana Islands Social

Security Retirement Fund will be considered to have been made to

the appropriate Federal Social Security Trust Funds for the

purpose of determining eligibility of those persons in the

Northern Mariana Islands for benefits under those laws; and

"(3) persons domiciled in the Northern Mariana Islands who are

eligible for or entitled to social security benefits under the

laws of the Trust Territory of the Pacific Islands or of the

Northern Mariana Islands will not lose their entitlement and will

be eligible for or entitled to benefits under the laws described

in Subsection (b).

"Section 607. (a) All bonds or other obligations issued by the

Government of the Northern Mariana Islands or by its authority will

be exempt, as to principal and interest, from taxation by the

United States, or by any State, territory or possession of the

United States, or any political subdivision of any of them.

"(b) During the initial seven year period of financial assistance

provided for in Section 702, and during such subsequent periods of

financial assistance as may be agreed, the Government of the

Northern Mariana Islands will authorize no public indebtedness

(other than bonds or other obligations of the Government payable

solely from revenues derived from any public improvement or

undertaking) in excess of ten percentum of the aggregate assessed

valuation of the property within the Northern Mariana Islands.

"ARTICLE VII

"UNITED STATES FINANCIAL ASSISTANCE

"Section 701. The Government of the United States will assist the

Government of the Northern Mariana Islands in its efforts to

achieve a progressively higher standard of living for its people as

part of the American economic community and to develop the economic

resources needed to meet the financial responsibilities of local

self-government. To this end, the United States will provide direct

multi-year financial support to the Government of the Northern

Mariana Islands for local government operations, for capital

improvement programs and for economic development. The initial

period of such support will be seven years, as provided in Section

702.

"Section 702. Approval of this Covenant by the United States will

constitute a commitment and pledge of the full faith and credit of

the United States for the payment, as well as an authorization for

the appropriation, of the following guaranteed annual levels of

direct grant assistance to the Government of the Northern Mariana

Islands for each of the seven fiscal years following the effective

date of this Section:

"(a) $8.25 million for budgetary support for government

operations, of which $250,000 each year will be reserved for a

special education training fund connected with the change in the

political status of the Northern Mariana Islands;

"(b) $4 million for capital improvement projects, of which

$500,000 each year will be reserved for such projects on the

Island of Tinian and $500,000 each year will be reserved for such

projects on the Island of Rota; and

"(c) $1.75 million for an economic development loan fund, of

which $500,000 each year will be reserved for small loans to

farmers and fishermen and to agricultural and marine

cooperatives, and of which $250,000 each year will be reserved

for a special program of low interest housing loans for low

income families.

"Section 703. (a) The United States will make available to the

Northern Mariana Islands the full range of federal programs and

services available to the territories of the United States. Funds

provided under Section 702 will be considered to be local revenues

when used as the local share required to obtain federal programs

and services. (As amended Pub. L. 104-208, div. A, title I, Sec.

101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181, 3009-196.)

"(b) There will be paid into the Treasury of the Government of

the Northern Mariana Islands, to be expended to the benefit of the

people thereof as that Government may by law prescribe, the

proceeds of all customs duties and federal income taxes derived

from the Northern Mariana Islands, the proceeds of all taxes

collected under the internal revenue laws of the United States on

articles produced in the Northern Mariana Islands and transported

to the United States, its territories or possessions, or consumed

in the Northern Mariana Islands, the proceeds of any other taxes

which may be levied by the Congress on the inhabitants of the

Northern Mariana Islands, and all quarantine, passport, immigration

and naturalization fees collected in the Northern Mariana Islands,

except that nothing in this Section shall be construed to apply to

any tax imposed by Chapters 2 or 21 of Title 26, United States

Code.

"Section 704. (a) Funds provided under Section 702 not obligated

or expended by the Government of the Northern Mariana Islands

during any fiscal year will remain available for obligation or

expenditure by that Government in subsequent fiscal years for the

purposes for which the funds were appropriated.

"(b) Approval of this Covenant by the United States will

constitute an authorization for the appropriation of a pro-rata

share of the funds provided under Section 702 for the period

between the effective date of this Section and the beginning of the

next succeeding fiscal year.

"(c) The amounts stated in Section 702 will be adjusted for each

fiscal year by a percentage which will be the same as the

percentage change in the United States Department of Commerce

composite price index using the beginning of Fiscal Year 1975 as

the base.

"(d) Upon expiration of the seven year period of guaranteed

annual direct grant assistance provided by Section 702, the annual

level of payments in each category listed in Section 702 will

continue until Congress appropriates a different amount or

otherwise provides by law.

"ARTICLE VIII

"PROPERTY

"Section 801. All right, title and interest of the Government of

the Trust Territory of the Pacific Islands in and to real property

in the Northern Mariana Islands on the date of the signing of this

Covenant or thereafter acquired in any manner whatsoever will, no

later than upon the termination of the Trusteeship Agreement, be

transferred to the Government of the Northern Mariana Islands. All

right, title and interest of the Government of the Trust Territory

of the Pacific Islands in and to all personal property on the date

of the signing of this Covenant or thereafter acquired in any

manner whatsoever will, no later than upon the termination of the

Trusteeship Agreement, be distributed equitably in a manner to be

determined by the Government of the Trust Territory of the Pacific

Islands in consultation with those concerned, including the

Government of the Northern Mariana Islands.

"Section 802. (a) The following property will be made available

to the Government of the United States by lease to enable it to

carry out its defense responsibilities:

"(1) on Tinian Island, approximately 17,799 acres (7,203

hectares) and the waters immediately adjacent thereto;

"(2) on Saipan Island, approximately 177 acres (72 hectares) at

Tanapag Harbor; and

"(3) on Farallon de Medinilla Island, approximately 206 acres

(83 hectares) encompassing the entire island, and the waters

immediately adjacent thereto.

"(b) The United States affirms that it has no present need for or

present intention to acquire any greater interest in property

listed above than that which is granted to it under Subsection

803(a), or to acquire any property in addition to that listed in

Subsection (a), above, in order to carry out its defense

responsibilities.

"Section 803. (a) The Government of the Northern Mariana Islands

will lease the property described in Subsection 802(a) to the

Government of the United States for a term of fifty years, and the

Government of the United States will have the option of renewing

this lease for all or part of such property for an additional term

of fifty years if it so desires at the end of the first term.

"(b) The Government of the United States will pay to the

Government of the Northern Mariana Islands in full settlement of

this lease, including the second fifty year term of the lease if

extended under the renewal option, the total sum of $19,520,600,

determined as follows:

"(1) for that property on Tinian Island, $17.5 million;

"(2) for that property at Tanapag Harbor on Saipan Island, $2

million; and

"(3) for that property known as Farallon de Medinilla, $20,600.

The sum stated in this Subsection will be adjusted by a percentage

which will be the same as the percentage change in the United

States Department of Commerce composite price index from the date

of signing the Covenant.

"(c) A separate Technical Agreement Regarding Use of Land To Be

Leased by the United States in the Northern Mariana Islands will be

executed simultaneously with this Covenant. The terms of the lease

to the United States will be in accordance with this Section and

with the terms of the Technical Agreement. The Technical Agreement

will also contain terms relating to the leaseback of property, to

the joint use arrangements for San Jose Harbor and West Field on

Tinian Island, and to the principles which will govern the social

structure relations between the United States military and the

Northern Mariana Islands civil authorities.

"(d) From the property to be leased to it in accordance with this

Covenant the Government of the United States will lease back to the

Government of the Northern Mariana Islands, in accordance with the

Technical Agreement, for the sum of one dollar per acre per year,

approximately 6,458 acres (2,614 hectares) on Tinian Island and

approximately 44 acres (18 hectares) at Tanapag Harbor on Saipan

Island, which will be used for purposes compatible with their

intended military use.

"(e) From the property to be leased to it at Tanapag Harbor on

Saipan Island the Government of the United States will make

available to the Government of the Northern Mariana Islands 133

acres (54 hectares) at no cost. This property will be set aside for

public use as an American memorial park to honor the American and

Marianas dead in the World War II Marianas Campaign. The $2 million

received from the Government of the United States for the lease of

this property will be placed into a trust fund, and used for the

development and maintenance of the park in accordance with the

Technical Agreement.

"Section 804. (a) The Government of the United States will cause

all agreements between it and the Government of the Trust Territory

of the Pacific Islands which grant to the Government of the United

States use or other rights in real property in the Northern Mariana

Islands to be terminated upon or before the effective date of the

Section. All right, title and interest of the Government of the

Trust Territory of the Pacific Islands in and to any real property

with respect to which the Government of the United States enjoys

such use or other rights will be transferred to the Government of

the Northern Mariana Islands at the time of such termination. From

the time such right, title and interest is so transferred the

Government of the Northern Mariana Islands will assure the

Government of the United States the continued use of the real

property then actively used by the Government of the United States

for civilian governmental purposes on terms comparable to those

enjoyed by the Government of the United States under its

arrangements with the Government of the Trust Territory of the

Pacific Islands on the date of the signature of this Covenant.

"(b) All facilities at Isely Field developed with federal aid and

all facilities at that field usable for the landing and take-off of

aircraft will be available to the United States for use by military

and naval aircraft, in common with other aircraft, at all times

without charge, except, if the use by military and naval aircraft

shall be substantial, a reasonable share, proportional to such use,

of the cost of operating and maintaining the facilities so used may

be charged at a rate established by agreement between the

Government of the Northern Mariana Islands and the Government of

the United States.

"Section 805. Except as otherwise provided in this Article, and

notwithstanding the other provisions of this Covenant, or those

provisions of the Constitution, treaties or laws of the United

States applicable to the Northern Mariana Islands, the Government

of the Northern Mariana Islands, in view of the importance of the

ownership of land for the culture and traditions of the people of

the Northern Mariana Islands, and in order to protect them against

exploitation and to promote their economic advancement and

self-sufficiency:

"(a) will until twenty-five years after the termination of the

Trusteeship Agreement, and may thereafter, regulate the

alienation of permanent and long-term interests in real property

so as to restrict the acquisition of such interests to persons of

Northern Mariana Islands descent; and

"(b) may regulate the extent to which a person may own or hold

land which is now public land.

"Section 806. (a) The United States will continue to recognize

and respect the scarcity and special importance of land in the

Northern Mariana Islands. If the United States must acquire any

interest in real property not transferred to it under this

Covenant, it will follow the policy of seeking to acquire only the

minimum area necessary to accomplish the public purpose for which

the real property is required, of seeking only the minimum interest

in real property necessary to support such public purpose,

acquiring title only if the public purpose cannot be accomplished

if a lesser interest is obtained, and of seeking first to satisfy

its requirement by acquiring an interest in public rather than

private real property.

"(b) The United States may, upon prior written notice to the

Government of the Northern Mariana Islands, acquire for public

purposes in accordance with federal laws and procedures any

interest in real property in the Northern Mariana Islands by

purchase, lease, exchange, gift or otherwise under such terms and

conditions as may be negotiated by the parties. The United States

will in all cases attempt to acquire any interest in real property

for public purposes by voluntary means under this Subsection before

exercising the power of eminent domain. No interest in real

property will be acquired unless duly authorized by the Congress of

the United States and appropriations are available therefor.

"(c) In the event it is not possible for the United States to

obtain an interest in real property for public purposes by

voluntary means, it may exercise within the Commonwealth the power

of eminent domain to the same extent and in the same manner as it

has and can exercise the power of eminent domain in a State of the

Union. The power of eminent domain will be exercised within the

Commonwealth only to the extent necessary and in compliance with

applicable United States laws, and with full recognition of the due

process required by the United States Constitution.

"ARTICLE IX

"NORTHERN MARIANA ISLANDS REPRESENTATIVE AND CONSULTATION

"Section 901. The Constitution or laws of the Northern Mariana

Islands may provide for the appointment or election of a Resident

Representative to the United States, whose term of office will be

two years, unless otherwise determined by local law, and who will

be entitled to receive official recognition as such Representative

by all of the departments and agencies of the Government of the

United States upon presentation through the Department of State of

a certificate of selection from the Governor. The Representative

must be a citizen and resident of the Northern Mariana Islands, at

least twenty-five years of age, and, after termination of the

Trusteeship Agreement, a citizen of the United States.

"Section 902. The Government of the United States and the

Government of the Northern Mariana Islands will consult regularly

on all matters affecting the relationship between them. At the

request of either Government, and not less frequently than every

ten years, the President of the United States and the Governor of

the Northern Mariana Islands will designate special representatives

to meet and to consider in good faith such issues affecting the

relationship between the Northern Mariana Islands and the United

States as may be designated by either Government and to make a

report and recommendations with respect thereto. Special

representatives will be appointed in any event to consider and to

make recommendations regarding future multi-year financial

assistance to the Northern Mariana Islands pursuant to Section 701,

to meet at least one year prior to the expiration of every period

of such financial assistance.

"Section 903. Nothing herein shall prevent the presentation of

cases or controversies arising under this Covenant to courts

established by the Constitution or laws of the United States. It is

intended that any such cases or controversies will be justifiable

in such courts and that the undertakings by the Government of the

United States and by the Government of the Northern Mariana Islands

provided for in this Covenant will be enforceable in such courts.

"Section 904. (a) The Government of the United States will give

sympathetic consideration to the views of the Government of the

Northern Mariana Islands on international matters directly

affecting the Northern Mariana Islands and will provide

opportunities for the effective presentation of such views to no

less extent than such opportunities are provided to any other

territory or possession under comparable circumstances.

"(b) The United States will assist and facilitate the

establishment by the Northern Mariana Islands of offices in the

United States and abroad to promote local tourism and other

economic or cultural interests of the Northern Mariana Islands.

"(c) On its request the Northern Mariana Islands may participate

in regional and other international organizations concerned with

social, economic, educational, scientific, technical and cultural

matters when similar participation is authorized for any other

territory or possession of the United States under comparable

circumstances.

"ARTICLE X

"APPROVAL, EFFECTIVE DATES, AND DEFINITIONS

"Section 1001. (a) This Covenant will be submitted to the Mariana

Islands District Legislature for its approval. After its approval

by the Mariana Islands District Legislature, this Covenant will be

submitted to the people of the Northern Mariana Islands for

approval in a plebiscite to be called by the United States. Only

persons who are domiciled exclusively in the Northern Mariana

Islands and who meet such other qualifications, including timely

registration, as are promulgated by the United States as

administering authority will be eligible to vote in the plebiscite.

Approval must be by a majority of at least 55% of the valid votes

cast in the plebiscite. The results of the plebiscite will be

certified to the President of the United States.

"(b) This Covenant will be approved by the United States in

accordance with its constitutional processes and will thereupon

become law.

"Section 1002. The President of the United States will issue a

proclamation announcing the termination of the Trusteeship

Agreement, or the date on which the Trusteeship Agreement will

terminate, and the establishment of the Commonwealth in accordance

with this Covenant. Any determination by the President that the

Trusteeship Agreement has been terminated or will be terminated on

a day certain will be final and will not be subject to review by

any authority, judicial or otherwise, of the Trust Territory of the

Pacific Islands, the Northern Mariana Islands or the United States.

"Section 1003. The provisions of this Covenant will become

effective as follows, unless otherwise specifically provided:

"(a) Sections 105, 201-203, 503, 504, 606, 801, 903 and Article

X will become effective on approval of this Covenant;

"(b) Sections 102, 103, 204, 304, Article IV, Sections 501,

502, 505, 601-605, 607, Article VII, Sections 802-805, 901 and

902 will become effective on a date to be determined and

proclaimed by the President of the United States which will be

not more than 180 days after this Covenant and the Constitution

of the Northern Mariana Islands have both been approved; and

"(c) The remainder of this Covenant will become effective upon

the termination of the Trusteeship Agreement and the

establishment of the Commonwealth of the Northern Mariana

Islands.

"Section 1004. (a) The application of any provision of the

Constitution or laws of the United States which would otherwise

apply to the Northern Mariana Islands may be suspended until

termination of the Trusteeship Agreement if the President finds and

declares that the application of such provision prior to

termination would be inconsistent with the Trusteeship Agreement.

"(b) The Constitution of the Northern Mariana Islands will become

effective in accordance with its terms on the same day that the

provisions of this Covenant specified in Subsection 1003(b) become

effective, provided that if the President finds and declares that

the effectiveness of any provision of the Constitution of the

Northern Mariana Islands prior to termination of the Trusteeship

Agreement would be inconsistent with the Trusteeship Agreement such

provision will be ineffective until termination of the Trusteeship

Agreement. Upon the establishment of the Commonwealth of the

Northern Mariana Islands the Constitution will become effective in

its entirety in accordance with its terms as the Constitution of

the Commonwealth of the Northern Mariana Islands.

"Section 1005. As used in this Covenant:

"(a) 'Trusteeship Agreement' means the Trusteeship Agreement

for the former Japanese Mandated Islands concluded between the

Security Council of the United Nations and the United States of

America, which entered into force on July 18, 1947;

"(b) 'Northern Mariana Islands' means the area now known as the

Mariana Islands District of the Trust Territory of the Pacific

Islands, which lies within the area north of 14G6&#186;<!--

degrees --> north latitude, south of 21G6&#186;<!-- degrees -->

north latitude, west of 150G6&#186;<!-- degrees --> east

longitude and east of 144G6&#186;<!-- degrees --> east

longitude;

"(c) 'Government of the Northern Mariana Islands' includes, as

appropriate, the Government of the Mariana Islands District of

the Trust Territory of the Pacific Islands at the time this

Covenant is signed, its agencies and instrumentalities, and its

successors, including the Government of the Commonwealth of the

Northern Mariana Islands;

"(d) 'Territory or possession' with respect to the United

States includes the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, and American Samoa;

"(e) 'Domicile' means that place where a person maintains a

residence with the intention of continuing such residence for an

unlimited or indefinite period, and to which such person has the

intention of returning whenever he is absent, even for an

extended period.

"Signed at Saipan, Mariana Islands on the fifteenth day of

February, 1975.

"For the people of the Northern Mariana Islands:

Edward DLG. Pangelinan,

Chairman, Marianas

Political Status Commission.

Vicente N. Santos.

Vice Chairman, Marianas

Political Status Commission.

"For the United States of America:

Ambassador F. Haydn Williams,

Personal Representative of the

President of the United States.

"Members of the Marianas Political Status Commission:

Juan LG. Cabrera.

Vicente T. Camacho.

Jose R. Cruz.

Bernard V. Hofschneider.

Benjamin T. Manglona.

Daniel T. Muna.

Dr. Francisco T. Palacios.

Joaquin I. Pangelinan.

Manuel A. Sablan.

Joannes B. Taimanao.

Pedro A. Tenorio."

-EXEC-

PROC. NO. 4534. CONSTITUTION OF NORTHERN MARIANA ISLANDS

Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, provided:

On February 15, 1975, the Marianas Political Status Commission,

the duly appointed representative of the people of the Northern

Mariana Islands, and the Personal Representative of the President

of the United States signed a Covenant, the purpose of which is to

provide for the eventual establishment of a Commonwealth of the

Northern Mariana Islands in political union with the United States

of America [set out above]. This Covenant was subsequently approved

by the Mariana Islands District Legislature and by the people of

the Northern Mariana Islands voting in a plebiscite. The Covenant

was approved by the Congress of the United States by joint

resolution approved March 24, 1976 (Public Law 94-241; 90 Stat.

263) [48 U.S.C. 1801 et seq.].

In accordance with the provisions of Article II of the Covenant,

the people of the Northern Mariana Islands have formulated and

approved a Constitution which was submitted to me on behalf of the

Government of the United States on April 21, 1977, for approval on

the basis of its consistency with the Covenant and those provisions

of the Constitution, treaties and laws of the United States to be

applicable to the Northern Mariana Islands. Pursuant to the

provisions of Section 202 of the Covenant, the Constitution of the

Northern Mariana Islands will be deemed to have been approved by

the Government of the United States six months after the date of

submission to the President unless sooner approved or disapproved.

The six-month period of Section 202 of the Covenant having

expired on October 22, 1977, I am pleased to announce that the

Constitution of the Northern Mariana Islands is hereby deemed

approved.

I am satisfied that the Constitution of the Northern Mariana

Islands complies with the requirements of Article II of the

Covenant. I have also received advice from the Senate Committee on

Energy and Natural Resources and the Subcommittee on National Parks

and Insular Affairs of the House Committee on Interior and Insular

Affairs that the Constitution complies with those requirements.

Sections 1003(b) and 1004(b) of the Covenant provide that the

Constitution of the Northern Mariana Islands and the provisions

specified in Section 1003(b) of the Covenant shall become effective

on a date proclaimed by the President which will be not more than

180 days after the Covenant and the Constitution of the Northern

Mariana Islands have both been approved.

NOW, THEREFORE, I, JIMMY CARTER, President of the United States

of America, do hereby proclaim as follows:

Section 1. The Constitution of the Northern Mariana Islands shall

come into full force and effect at eleven o'clock on the morning of

January 9, 1978, Northern Mariana Islands local time.

Sec. 2. Sections 102, 103, 204, 304, Article IV, Sections 501,

502, 505, 601-605, 607, Article VII, Sections 802-805, 901 and 902

of the Covenant shall come into full force and effect on the date

and at the time specified in Section 1 of this Proclamation.

Sec. 3. The authority of the President under Section 1004 of the

Covenant to suspend the application of any provision of law to or

in the Northern Mariana Islands until the termination of the

Trusteeship Agreement is hereby reserved.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-fourth day of October, in the year of our Lord nineteen

hundred seventy-seven, and of the Independence of the United States

of America the two hundred and second.

Jimmy Carter.

PROCLAMATION NO. 4568

Proc. No. 4568, May 9, 1978, 43 F.R. 19999, related to

application of certain United States laws to the Northern Mariana

Islands until termination of Trusteeship Agreement.

PROCLAMATION NO. 4726

Proc. No. 4726, Feb. 21, 1980, 45 F.R. 12369, related to

application of certain United States laws to the Northern Mariana

Islands until termination of Trusteeship Agreement.

PROCLAMATION NO. 4938

Proc. No. 4938, May 3, 1982, 47 F.R. 19307, related to

application of certain United States laws to the Northern Mariana

Islands until termination of Trusteeship Agreement.

PROCLAMATION NO. 5207

Proc. No. 5207, June 7, 1984, 49 F.R. 24365, related to

application of certain laws of the United States to citizens of the

Northern Mariana Islands until establishment of Commonwealth of

Northern Mariana Islands.

PROC. NO. 5564. COVENANT WITH COMMONWEALTH OF THE NORTHERN MARIANA

ISLANDS, AND COMPACTS OF FREE ASSOCIATION WITH FEDERATED STATES OF

MICRONESIA AND REPUBLIC OF THE MARSHALL ISLANDS; EFFECTIVE DATES

Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, provided:

Since July 18, 1947, the United States has administered the

United Nations Trust Territory of the Pacific Islands ("Trust

Territory"), which includes the Northern Mariana Islands, the

Federated States of Micronesia, the Marshall Islands, and Palau.

On February 15, 1975, after extensive status negotiations, the

United States and the Marianas Political Status Commission

concluded a Covenant to establish a Commonwealth of the Northern

Mariana Islands in Political Union with the United States

("Covenant") [set out above]. Sections 101, 1002, and 1003(c) of

the Covenant provide that the Northern Mariana Islands will become

a self-governing Commonwealth in political union with and under the

sovereignty of the United States. This Covenant was approved by the

Congress by Public Law 94-241 of March 24, 1976, 90 Stat. 263 [48

U.S.C. 1801 et seq.]. Although many sections of the Covenant became

effective in 1976 and 1978, certain sections have not previously

entered into force.

On October 1, 1982, the Government of the United States and the

Government of the Federated States of Micronesia concluded a

Compact of Free Association, establishing a relationship of Free

Association between the two Governments [see Compact of Free

Association, 48 U.S.C. 1901 note]. On June 25, 1983, the Government

of the United States and the Government of the Marshall Islands

concluded a Compact of Free Association, establishing a

relationship of Free Association between the two Governments [see

Compact of Free Association, 48 U.S.C. 1901 note]. Pursuant to

Sections 111 and 121 of the Compacts, the Federated States of

Micronesia and the Republic of the Marshall Islands become

self-governing and have the right to conduct foreign affairs in

their own name and right upon the effective date of their

respective Compacts. Each Compact comes into effect upon (1) mutual

agreement between the Government of the United States, acting in

fulfillment of its responsibilities as Administering Authority of

the Trust Territory of the Pacific Islands, and the other

Government; (2) the approval of the Compact by the two Governments,

in accordance with their constitutional processes; and (3) the

conduct of a plebiscite in that jurisdiction. In the Federated

States of Micronesia, the Compact has been approved by the

Government in accordance with its constitutional processes, and in

a United Nations-observed plebiscite on June 21, 1983, a sovereign

act of self-determination. In the Marshall Islands, the Compact has

been approved by the Government in accordance with its

constitutional processes, and in a United Nations-observed

plebiscite on September 7, 1983, a sovereign act of

self-determination. In the United States the Compacts have been

approved by Public Law 99-239 of January 14, 1986, 99 Stat. 1770

[48 U.S.C. 1901 et seq., 2001 et seq.].

On January 10, 1986, the Government of the United States and the

Government of the Republic of Palau concluded a Compact of Free

Association, establishing a similar relationship of Free

Association between the two Governments [48 U.S.C. 1931 note]. On

October 16, 1986, the Congress of the United States approved the

Compact of Free Association with the Republic of Palau. In the

Republic of Palau, the Compact approval process has not yet been

completed. Until the future political status of Palau is resolved,

the United States will continue to discharge its responsibilities

in Palau as Administering Authority under the Trusteeship

Agreement.

On May 28, 1986, the Trusteeship Council of the United Nations

concluded that the Government of the United States had

satisfactorily discharged its obligations as the Administering

Authority under the terms of the Trusteeship Agreement and that the

people of the Northern Mariana Islands, the Federated States of

Micronesia, and the Republic of the Marshall Islands had freely

exercised their right to self-determination, and considered that it

was appropriate for that Agreement to be terminated. The Council

asked the United States to consult with the governments concerned

to agree on a date for entry into force of their respective new

status agreements.

On October 15, 1986, the Government of the United States and the

Government of the Republic of the Marshall Islands agreed, pursuant

to Section 411 of the Compact of Free Association, that as between

the United States and the Republic of the Marshall Islands, the

effective date of the Compact shall be October 21, 1986.

On October 24, 1986, the Government of the United States and the

Government of the Federated States of Micronesia agreed, pursuant

to Section 411 of the Compact of Free Association, that as between

the United States and the Federated States of Micronesia, the

effective date of the Compact shall be November 3, 1986.

On October 24, 1986, the United States advised the Secretary

General of the United Nations that, as a consequence of

consultations held between the United States Government and the

Government of the Marshall Islands, agreement had been reached that

the Compact of Free Association with the Marshall Islands entered

fully into force on October 21, 1986. The United States further

advised the Secretary General that, as a result of consultations

with their governments, agreement had been reached that the Compact

of Free Association with the Federated States of Micronesia and the

Covenant with the Commonwealth of the Northern Mariana Islands

would enter into force on November 3, 1986.

As of this day, November 3, 1986, the United States has fulfilled

its obligations under the Trusteeship Agreement with respect to the

Commonwealth of the Northern Mariana Islands, the Republic of the

Marshall Islands, and the Federated States of Micronesia, and they

are self-governing and no longer subject to the Trusteeship. In

taking these actions, the United States is implementing the freely

expressed wishes of the peoples of the Northern Mariana Islands,

the Federated States of Micronesia, and the Marshall Islands.

NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me

as President by the Constitution and laws of the United States of

America, including Section 1002 of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, and Sections 101 and 102 of the

Joint Resolution to approve the "Compact of Free Association", and

for other purposes, approved on January 14, 1986 (Public Law

99-239) [48 U.S.C. 1901 et seq., 2001 et seq.], do hereby find,

declare, and proclaim as follows:

Section 1. I determine that the Trusteeship Agreement for the

Pacific Islands is no longer in effect as of October 21, 1986, with

respect to the Republic of the Marshall Islands, as of November 3,

1986, with respect to the Federated States of Micronesia, and as of

November 3, 1986, with respect to the Northern Mariana Islands.

This constitutes the determination referred to in Section 1002 of

the Covenant.

Sec. 2. (a) Sections 101, 104, 301, 302, 303, 506, 806, and 904

of the Covenant are effective as of 12:01 a.m., November 4, 1986,

Northern Mariana Islands local time.

(b) The Commonwealth of the Northern Mariana Islands in political

union with and under the sovereignty of the United States of

America is fully established on the date and at the time specified

in Section 2(a) of this Proclamation.

(c) The domiciliaries of the Northern Mariana Islands are

citizens of the United States to the extent provided for in

Sections 301 through 303 of the Covenant on the date and at the

time specified in this Proclamation.

(d) I welcome the Commonwealth of the Northern Mariana Islands

into the American family and congratulate our new fellow citizens.

Sec. 3. (a) The Compact of Free Association with the Republic of

the Marshall Islands is in full force and effect as of October 21,

1986, and the Compact of Free Association with the Federated States

of Micronesia is in full force and effect as of November 3, 1986.

(b) I am gratified that the people of the Federated States of

Micronesia and the Republic of the Marshall Islands, after nearly

forty years of Trusteeship, have freely chosen to establish a

relationship of Free Association with the United States.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of

November, in the year of our Lord nineteen hundred and eighty-six,

and of the Independence of the United States of America the two

hundred and eleventh.

Ronald Reagan.

EX. ORD. NO. 12572. RELATIONS WITH NORTHERN MARIANA ISLANDS

Ex. Ord. No. 12572, Nov. 3, 1986, 51 F.R. 40401, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, it is hereby ordered

that, consistent with the Joint Resolution to approve the "Covenant

To Establish a Commonwealth of the Northern Mariana Islands in

Political Union with the United States of America," approved March

24, 1976 (Public Law 94-241; 90 Stat. 263) [48 U.S.C. 1801 et

seq.], the relations of the United States with the Government of

the Northern Mariana Islands shall, in all matters not the program

responsibility of another Federal department or agency, be under

the general administrative supervision of the Secretary of the

Interior.

Ronald Reagan.

-End-

-CITE-

48 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1802. Consideration of issues affecting relations with United

States

-STATUTE-

It is the sense of the Congress that pursuant to section 902 of

the foregoing Covenant, and in any case within ten years from March

24, 1976, the President of the United States should request, on

behalf of the United States, the designation of special

representatives to meet and to consider in good faith such issues

affecting the relationship between the Northern Mariana Islands and

the United States as may be designated by either Government and to

make a report and recommendations with respect thereto.

-SOURCE-

(Pub. L. 94-241, Sec. 2, Mar. 24, 1976, 90 Stat. 279.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in text, is the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, which is contained in section 1

of Pub. L. 94-241, set out as a note under section 1801 of this

title.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-End-

-CITE-

48 USC Sec. 1803 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1803. Financial assistance to Government of Northern Mariana

Islands

-STATUTE-

Pursuant to section 701 of the foregoing Covenant, enactment of

this section shall constitute a commitment and pledge of the full

faith and credit of the United States for the payment of $228

million at guaranteed annual amounts of direct grant assistance for

the Government of the Northern Mariana Islands for an additional

period of seven fiscal years after the expiration of the initial

seven-year period specified in section 702 of said Covenant, which

assistance shall be provided according to the schedule of payments

contained in the Agreement of the Special Representatives on Future

United States Financial Assistance for the Government of the

Northern Mariana Islands, executed July 10, 1985, between the

special representative of the President of the United States and

the special representatives of the Governor of the Northern Mariana

Islands. The islands of Rota and Tinian shall each receive no less

than a 1/8 share and the island of Saipan shall receive no less

than a 1/4 share of annualized capital improvement project funds,

which shall be no less than 80 per centum of the capital

development funds identified in the schedule of payments in

paragraph 2 of part II of the Agreement of the Special

Representatives. Funds shall be granted according to such

regulations as are applicable to such grants.

-SOURCE-

(Pub. L. 94-241, Sec. 3, as added Pub. L. 99-396, Sec. 10, Aug. 27,

1986, 100 Stat. 840.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in text, is the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, which is contained in section 1

of Pub. L. 94-241, set out as a note under section 1801 of this

title.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-MISC1-

USE OF ECONOMIC DEVELOPMENT LOAN FUNDS FOR CAPITAL IMPROVEMENT

PROJECTS

Pub. L. 99-396, Sec. 2, Aug. 27, 1986, 100 Stat. 838, authorized

use of up to $4,000,000 of funds reserved for use by the economic

development loan fund, as established under section 702(c) of the

Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America, 48

U.S.C. 1801 note, for capital improvement projects, if such funds

became available for use by the economic development loan fund, and

were not obligated for economic development loans.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1804, 1805 of this title.

-End-

-CITE-

48 USC Sec. 1804 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1804. Direct grant assistance

-STATUTE-

(a) Composite price index adjustments not applicable

Section 704(c) of the foregoing Covenant shall not apply to the

Federal financial assistance which is provided to the Government of

the Northern Mariana Islands pursuant to section 1803 of this

title.

(b) Additional years of assistance

Upon the expiration of the period of Federal financial assistance

which is provided to the Government of the Northern Mariana Islands

pursuant to section 1803 of this title, payments of direct grant

assistance shall continue at the annual level provided for the last

fiscal year of the additional period of seven fiscal years except

that, for fiscal years 1996 through 1999, payments to the

Commonwealth of the Northern Mariana Islands pursuant to the

multi-year funding agreements contemplated under the Covenant shall

be $11,000,000 annually and for fiscal year 2000, payments to the

Commonwealth of the Northern Mariana Islands shall be $5,580,000,

but shall return to the level of $11,000,000 annually for fiscal

years 2001 and 2002. In fiscal year 2003, the payment to the

Commonwealth of the Northern Mariana Islands shall be $5,420,000.

Such payments shall be subject to an equal local match and all

other requirements set forth in the Agreement of the Special

Representatives on Future Federal Financial Assistance of the

Northern Mariana Islands, executed on December 17, 1992 between the

special representative of the President of the United States and

special representatives of the Governor of the Northern Mariana

Islands with any additional amounts otherwise made available under

this section in any fiscal year and not required to meet the

schedule of payments in this subsection to be provided as set forth

in subsection (c) of this section until Congress otherwise provides

by law.

(c) Specific allocations for capital infrastructure projects

The additional amounts referred to in subsection (b) of this

section shall be made available to the Secretary for obligation as

follows:

(1) for fiscal years 1996 through 2001, $4,580,000 annually for

capital infrastructure projects as Impact Aid for Guam under

section 1904(e)(6) (!1) of this title;

(2) for fiscal year 1996, $7,700,000 shall be provided for

capital infrastructure projects in American Samoa; $4,420,000 for

resettlement of Rongelap Atoll; and (!2)

(3) for fiscal years 1997 and thereafter, all such amounts

shall be available solely for capital infrastructure projects in

Guam, the Virgin Islands, American Samoa, the Commonwealth of the

Northern Mariana Islands, the Republic of Palau, the Federated

States of Micronesia and the Republic of the Marshall Islands:

Provided, That, in fiscal year 1997, $3,000,000 of such amounts

shall be made available to the College of the Northern Marianas

and beginning in fiscal year 1997, and in each year thereafter,

not to exceed $3,000,000 may be allocated, as provided in

appropriations Acts, to the Secretary of the Interior for use by

Federal agencies or the Commonwealth of the Northern Mariana

Islands to address immigration, labor, and law enforcement issues

in the Northern Mariana Islands. The specific projects to be

funded in American Samoa shall be set forth in a five-year plan

for infrastructure assistance developed by the Secretary of the

Interior in consultation with the American Samoa Government and

updated annually and submitted to the Congress concurrent with

the budget justifications for the Department of the Interior. In

developing budget recommendations for capital infrastructure

funding, the Secretary shall indicate the highest priority

projects, consider the extent to which particular projects are

part of an overall master plan, whether such project has been

reviewed by the Corps of Engineers and any recommendations made

as a result of such review, the extent to which a set-aside for

maintenance would enhance the life of the project, the degree to

which a local cost-share requirement would be consistent with

local economic and fiscal capabilities, and may propose an

incremental set-aside, not to exceed $2,000,000 per year, to

remain available without fiscal year limitation, as an emergency

fund in the event of natural or other disasters to supplement

other assistance in the repair, replacement, or hardening of

essential facilities: Provided further, That the cumulative

amount set aside for such emergency fund may not exceed

$10,000,000 at any time.(!3)

(4) for fiscal year 2000, $5,420,000 shall be provided to the

Virgin Islands for correctional facilities and other projects

mandated by Federal law.

(d) Resettlement of Rongelap Atoll

Within the amounts allocated for infrastructure pursuant to this

section, and subject to the specific allocations made in subsection

(c) of this section, additional contributions may be made, as set

forth in appropriations Acts, to assist in the resettlement of

Rongelap Atoll: Provided, That the total of all contributions from

any Federal source after April 26, 1996, may not exceed $32,000,000

and shall be contingent upon an agreement, satisfactory to the

President, that such contributions are a full and final settlement

of all obligations of the United States to assist in the

resettlement of Rongelop (!4) Atoll and that such funds will be

expended solely on resettlement activities and will be properly

audited and accounted for. In order to provide such contributions

in a timely manner, each Federal agency providing assistance or

services, or conducting activities, in the Republic of the Marshall

Islands, is authorized to make funds available through the

Secretary of the Interior, to assist in the resettlement of

Rongelap. Nothing in this subsection shall be construed to limit

the provision of ex gratia assistance pursuant to section

1905(c)(2) of this title including for individuals choosing not to

resettle at Rongelap, except that no such assistance for such

individuals may be provided until the Secretary notifies the

Congress that the full amount of all funds necessary for

resettlement at Rongelap has been provided.

-SOURCE-

(Pub. L. 94-241, Sec. 4, as added Pub. L. 99-396, Sec. 10, Aug. 27,

1986, 100 Stat. 841; amended Pub. L. 104-134, title I, Sec. 101(c)

[title I, Sec. 118], Apr. 26, 1996, 110 Stat. 1321-156, 1321-178;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327; Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I],

Nov. 29, 1999, 113 Stat. 1535, 1501A-152.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in subsec. (a), is the Covenant to

Establish a Commonwealth of the Northern Mariana Islands in

Political Union with the United States of America, which is

contained in section 1 of Pub. L. 94-241, set out as a note under

section 1801 of this title.

Section 1904(e)(6) of this title, referred to in subsec. (c)(1),

was in the original "section 104(c)(6) of Public Law 99-239", which

was translated as meaning section 104(e)(6) of Pub. L. 99-239 to

reflect the probable intent of Congress, because section 1904(c)

does not contain pars. and section 1904(e)(6) relates to impact

aid.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

April 26, 1996, referred to in subsec. (d), was in the original

"enactment of this Act", which was translated as meaning the date

of enactment of Pub. L. 104-134, which added subsec. (d) of this

section, to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-113 substituted "fiscal years

1996 through 1999" for "fiscal years 1996 through 2002" and

"$11,000,000 annually and for fiscal year 2000, payments to the

Commonwealth of the Northern Mariana Islands shall be $5,580,000,

but shall return to the level of $11,000,000 annually for fiscal

years 2001 and 2002. In fiscal year 2003, the payment to the

Commonwealth of the Northern Mariana Islands shall be $5,420,000.

Such payments shall be" for "$11,000,000 annually,".

Subsec. (c)(4). Pub. L. 106-113 added par. (4).

1996 - Subsec. (b). Pub. L. 104-134 substituted "except that, for

fiscal years 1996 through 2002, payments to the Commonwealth of the

Northern Mariana Islands pursuant to the multi-year funding

agreements contemplated under the Covenant shall be $11,000,000

annually, subject to an equal local match and all other

requirements set forth in the Agreement of the Special

Representatives on Future Federal Financial Assistance of the

Northern Mariana Islands, executed on December 17, 1992 between the

special representative of the President of the United States and

special representatives of the Governor of the Northern Mariana

Islands with any additional amounts otherwise made available under

this section in any fiscal year and not required to meet the

schedule of payments in this subsection to be provided as set forth

in subsection (c) of this section until Congress otherwise provides

by law." for "until Congress otherwise provides by law."

Subsec. (c), (d). Pub. L. 104-134 added subsecs. (c) and (d).

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The word "and" probably should not appear.

(!3) So in original. The period probably should be "; and".

(!4) So in original. Probably should be "Rongelap".

-End-

-CITE-

48 USC Sec. 1805 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1805. Failure to meet performance standards; resolution of

issues; withholding of funds

-STATUTE-

Should the Secretary of the Interior believe that the performance

standards of the agreement identified in section 1803 of this title

are not being met, he shall notify the Government of the Northern

Mariana Islands in writing with the intent to resolve such issue in

a mutually agreeable and expeditious manner and notify the

Committee on Interior and Insular Affairs of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate. Should the issue not be resolved within thirty days

after the notification is received by the Government of the

Northern Mariana Islands, the Secretary of the Interior may request

authority from Congress to withhold payment of an appropriate

amount of the operations funds identified in the schedule of

payments in paragraph 2 of part II of the Agreement of the Special

Representatives for a period of less than one year but no funds

shall be withheld except by Act of Congress.

-SOURCE-

(Pub. L. 94-241, Sec. 5, as added Pub. L. 99-396, Sec. 10, Aug. 27,

1986, 100 Stat. 841.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of House of

Representatives changed to Committee on Natural Resources of House

of Representatives by House Resolution No. 5, One Hundred Third

Congress, Jan. 5, 1993. Committee on Natural Resources of House of

Representatives treated as referring to Committee on Resources of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

48 USC SUBCHAPTER II - JUDICIAL MATTERS 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

SUBCHAPTER II - JUDICIAL MATTERS

-End-

-CITE-

48 USC Sec. 1821 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

Sec. 1821. District Court for the Northern Mariana Islands

-STATUTE-

(a) Establishment; judicial circuit; terms of court

There is established for and within the Northern Mariana Islands

a court of record to be known as the District Court for the

Northern Mariana Islands. The Northern Mariana Islands shall

constitute a part of the same judicial circuit of the United States

as Guam. Terms of court shall be held on Saipan and at such other

places and at such times as the court may designate by rule or

order.

(b) Appointment, tenure, removal, compensation, etc., of District

Court judge; appointment of United States attorney and United

States marshal

(1) The President shall, by and with the advice and consent of

the Senate, appoint a judge for the District Court for the Northern

Mariana Islands who shall hold office for the term of ten years and

until his successor is chosen and qualified, unless sooner removed

by the President for cause. The judge shall receive a salary

payable by the United States which shall be at the rate prescribed

for judges of the United States district courts.

(2) The Chief Judge of the Ninth Judicial Circuit of the United

States may assign justices of the High Court of the Trust Territory

of the Pacific Islands or judges of courts of record of the

Northern Mariana Islands who are licensed attorneys in good

standing or a circuit or district judge of the ninth circuit,

including a judge of the District Court of Guam who is appointed by

the President or a recalled senior judge of the District Court of

Guam or of the District Court of the Northern Mariana Islands, or

the Chief Justice of the United States may assign any other United

States circuit or district judge with the consent of the judge so

assigned and of the chief judge of his circuit to serve temporarily

as a judge in the District Court for the Northern Mariana Islands

whenever such an assignment is necessary for the proper dispatch of

the business of the court. Such judges shall have all the powers of

a judge of the District Court for the Northern Mariana Islands,

including the power to appoint any person to a statutory position,

or to designate a depository of funds or a newspaper for

publication of legal notices.

(3) The President shall appoint, by and with the advice and

consent of the Senate, a United States attorney and United States

marshal for the Northern Mariana Islands to whose offices the

provisions of chapters 35 and 37 of title 28, respectively, shall

apply.

(4) If the President appoints a judge for the District Court for

the Northern Mariana Islands or a United States attorney or a

United States marshal for the Northern Mariana Islands who at that

time is serving in the same capacity in another district, the

appointment shall, without prejudice to a subsequent appointment,

be for the unexpired term of such judge or officer.

(c) Applicability of Federal rules and statutory requirements

Where appropriate, and except as otherwise provided in articles

IV and V of the Covenant approved by the Act of March 24, 1976 (90

Stat. 263), the provisions of part II of title 18 and of titles

(!1) 28, the rules of practice and procedure heretofore or

hereafter promulgated and made effective by the Congress or the

Supreme Court of the United States pursuant to titles 11, 18, and

28 shall apply to the District Court for the Northern Mariana

Islands and appeals therefrom; except that the terms "Attorney for

the government" and "United States attorney", as used in the

Federal Rules of Criminal Procedure, shall, when applicable to

cases arising under the laws of the Northern Mariana Islands,

include the Attorney General of the Northern Mariana Islands or

such other person or persons as may be authorized by the laws of

the Northern Mariana Islands to act therein.

-SOURCE-

(Pub. L. 95-157, Sec. 1, Nov. 8, 1977, 91 Stat. 1265; Pub. L.

98-454, title IX, Sec. 901, Oct. 5, 1984, 98 Stat. 1744.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in subsec. (c), is the Covenant to

Establish a Commonwealth of the Northern Mariana Islands in

Political Union with the United States of America, which is

contained in section 1 of Pub. L. 94-241, set out as a note under

section 1801 of this title.

Act of March 24, 1976, referred to in subsec. (c), is Pub. L.

94-241, Mar. 24, 1976, 90 Stat. 263, as amended, which is

classified generally to subchapter I (Sec. 1801 et seq.) of this

chapter. For complete classification of this Act to the Code, see

Tables.

The Federal Rules of Criminal Procedure, referred to in subsec.

(c), are set out in the Appendix to Title 18, Crimes and Criminal

Procedure.

-COD-

CODIFICATION

Section was formerly classified to section 1694 of this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(1). Pub. L. 98-454, Sec. 901(a), substituted

"for a term of ten years" for "for a term of eight years".

Subsec. (b)(2). Pub. L. 98-454, Sec. 901(b), inserted "or a

recalled senior judge of the District Court of Guam or of the

District Court of the Northern Mariana Islands" after "President"

in first sentence.

Subsec. (c). Pub. L. 98-454, Sec. 901(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

provisions of chapters 43 and 49 of title 28, and the rules

heretofore or hereafter promulgated and made effective by the

Congress or the Supreme Court of the United States pursuant to

titles 11, 18, and 28 shall apply to the District Court for the

Northern Mariana Islands and appeals therefrom where appropriate,

except as otherwise provided in articles IV and V of the covenant

provided by the Act of March 24, 1976 (90 Stat. 263). The terms

'attorney for the government' and 'United States attorney' as used

in the Federal Rules of Criminal Procedure (rule 54(c)) shall, when

applicable to cases arising under the laws of the Northern Mariana

Islands, include the attorney general of the Northern Mariana

Islands or any other person or persons as may be authorized by the

laws of the Northern Marianas to act therein."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE

For effective date of this section, see section 1825 of this

title and Effective Date of Constitution note thereunder.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of this title.

-MISC2-

EXTENSION OF TERM OF DISTRICT JUDGES

Extension of term of district court judges to ten years

applicable to judges holding office on Oct. 5, 1984, see section

1004 of Pub. L. 98-454, set out as a note under section 1424b of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1823 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

48 USC Sec. 1822 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

Sec. 1822. Jurisdiction of District Court; original jurisdiction;

procedural requirements

-STATUTE-

(a) The District Court for the Northern Mariana Islands shall

have the jurisdiction of a District Court of the United States,

including, but not limited to, the diversity jurisdiction provided

for in section 1332 of title 28 and that of a bankruptcy court of

the United States.

(b) The district court shall have original jurisdiction in all

causes in the Northern Mariana Islands not described in subsection

(a) of this section jurisdiction over which is not vested by the

Constitution or laws of the Northern Mariana Islands in a court or

courts of the Northern Mariana Islands. In causes brought in the

district court solely on the basis of this subsection, the district

court shall be considered a court of the Northern Mariana Islands

for the purposes of determining the requirements of indictment by

grand jury or trial by jury.

-SOURCE-

(Pub. L. 95-157, Sec. 2, Nov. 8, 1977, 91 Stat. 1266; Pub. L.

98-454, title IX, Sec. 902, Oct. 5, 1984, 98 Stat. 1744.)

-COD-

CODIFICATION

Section was formerly classified to section 1694a of this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-454 amended subsec. (a) generally,

substituting ", including, but not limited to, the diversity

jurisdiction provided for in section 1332 of title 28 and that of a

bankruptcy court of the United States" for ", except that in all

causes arising under the Constitution, treaties, or laws of the

United States, it shall have jurisdiction regardless of the sum or

value of the matter in controversy".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE

For effective date of this section, see section 1825 of this

title and Effective Date of Constitution note thereunder.

-End-

-CITE-

48 USC Sec. 1823 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

Sec. 1823. Appellate jurisdiction of District Court; procedure;

review by United States Court of Appeals for Ninth Circuit; rules

-STATUTE-

(a) Appellate jurisdiction of District Court

Prior to the establishment of an appellate court for the Northern

Mariana Islands the district court shall have such appellate

jurisdiction over the courts established by the Constitution or

laws of the Northern Mariana Islands as the Constitution and laws

of the Northern Mariana Islands provide, except that such

Constitution and laws may not preclude the review of any judgment

or order which involves the Constitution, treaties, or laws of the

United States, including the Covenant to Establish a Commonwealth

of the Northern Mariana Islands in Political Union with the United

States of America (90 Stat. 263) (hereinafter referred to as

"Covenant"), or any authority exercised thereunder by an officer or

agency of the Government of the United States, or the conformity of

any law enacted by the legislature of the Northern Mariana Islands

or of any orders or regulations issued or actions taken by the

executive branch of the government of the Northern Mariana Islands

with the Constitution, treaties, or laws of the United States,

including the Covenant or with any authority exercised thereunder

by an officer or agency of the United States.

(b) Appellate division of District Court; quorum; presiding judge;

designation of judges; decisions

Appeals to the district court shall be heard and determined by an

appellate division of the court consisting of three judges, of whom

two shall constitute a quorum. The judge appointed for the court by

the President shall be the presiding judge of the appellate

division and shall preside therein unless disqualified or otherwise

unable to act. The other judges who are to sit in the appellate

division at any session shall be designated by the presiding judge

from among the judges assigned to the court from time to time

pursuant to section 1821(b)(2) of this title: Provided, That no

more than one of them may be a judge of a court of record of the

Northern Mariana Islands. The concurrence of two judges shall be

necessary to any decision by the appellate division of the district

court on the merits of an appeal but the presiding judge alone may

make any appropriate orders with respect to an appeal prior to the

hearing and determination thereof on the merits and may dismiss an

appeal for want of jurisdiction or failure to take or prosecute it

in accordance with the applicable law or rules of procedure.

(c) United States Court of Appeals for Ninth Circuit; jurisdiction;

appeals; rules

The United States Court of Appeals for the Ninth Circuit shall

have jurisdiction of appeals from all final decisions of the

appellate division of the district court. The United States Court

of Appeals for the Ninth Circuit shall have jurisdiction to

promulgate rules necessary to carry out the provisions of this

subsection.

-SOURCE-

(Pub. L. 95-157, Sec. 3, Nov. 8, 1977, 91 Stat. 1266; Pub. L.

98-454, title IX, Sec. 903, Oct. 5, 1984, 98 Stat. 1744.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America,

referred to in subsec. (a), is contained in section 1 of Pub. L.

94-241, set out as a note under section 1801 of this title.

-COD-

CODIFICATION

Section was formerly classified to section 1694b of this title.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-454 designated existing provisions as subsec.

(a), substituted provisions governing the appellate jurisdiction of

the District Court prior to the establishment of the appellate

court for former provisions which related to the appellate

jurisdiction of the court and certain procedural matters which are

covered under subsec. (b), and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE

For effective date of this section, see section 1825 of this

title and Effective Date of Constitution note thereunder.

-End-

-CITE-

48 USC Sec. 1824 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

Sec. 1824. Relations between courts of United States and courts of

Northern Mariana Islands; applicability of statutory provisions

-STATUTE-

(a) The relations between the courts established by the

Constitution or laws of the United States and the courts of the

Northern Mariana Islands with respect to appeals, certiorari,

removal of causes, the issuance of writs of habeas corpus, and

other matters or proceedings shall be governed by the laws of the

United States pertaining to the relations between the courts of the

United States including the Supreme Court of the United States, and

the courts of the several States in such matters and proceedings,

except as otherwise provided in article IV of the covenant:

Provided, That for the first fifteen years following the

establishment of an appellate court of the Northern Mariana Islands

the United States court of appeals for the judicial circuit which

includes the Northern Mariana Islands shall have jurisdiction of

appeals from all final decisions of the highest court of the

Northern Mariana Islands from which a decision could be had in all

cases involving the Constitution, treaties, or laws of the United

States, or any authority exercised thereunder, unless those cases

are reviewable in the District Court for the Northern Mariana

Islands pursuant to section 1823 of this title.

(b) Those portions of title 28 which apply to Guam or the

District Court of Guam shall be applicable to the Northern Mariana

Islands or the District Court for the Northern Mariana Islands,

respectively, except as otherwise provided in article IV of the

covenant. The district court established by this subchapter shall

be a district court as that term is used in section 3006A of title

18.

-SOURCE-

(Pub. L. 95-157, Sec. 4, Nov. 8, 1977, 91 Stat. 1266; Pub. L.

98-454, title IX, Sec. 904, Oct. 5, 1984, 98 Stat. 1745.)

-REFTEXT-

REFERENCES IN TEXT

The covenant, referred to in text, is the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, which is contained in section 1

of Pub. L. 94-241, set out as a note under section 1801 of this

title.

-COD-

CODIFICATION

Section was formerly classified to section 1694c of this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-454 inserted "including the

Supreme Court of the United States," after "courts of the United

States" in first sentence.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE

For effective date of this section, see section 1825 of this

title and Effective Date of Constitution note thereunder.

-End-

-CITE-

48 USC Sec. 1825 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

Sec. 1825. Effective date

-STATUTE-

This subchapter shall come into force upon its approval or at the

time proclaimed by the President for the Constitution of the

Northern Mariana Islands to become effective, whichever is the

later date.

-SOURCE-

(Pub. L. 95-157, Sec. 5, Nov. 8, 1977, 91 Stat. 1267.)

-COD-

CODIFICATION

Section was formerly classified to section 1694d of this title.

-MISC1-

EFFECTIVE DATE OF CONSTITUTION

For provisions of proclamation of President relating to effective

date for Constitution of Northern Mariana Islands, see Proc. No.

4534, Oct. 24, 1977, 42 F.R. 56593, set out as a note under section

1801 of this title.

-End-

-CITE-

48 USC Sec. 1826 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER II - JUDICIAL MATTERS

-HEAD-

Sec. 1826. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary to carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 95-157, Sec. 6, Nov. 8, 1977, 91 Stat. 1267.)

-COD-

CODIFICATION

Section was formerly classified to section 1694e of this title.

-MISC1-

EFFECTIVE DATE

For effective date of this section, see section 1825 of this

title and Effective Date of Constitution note thereunder.

-End-

-CITE-

48 USC SUBCHAPTER III - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS

-End-

-CITE-

48 USC Sec. 1841 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 1841. Funds and services

-STATUTE-

(a) Acquisition and construction of powerplant and distribution

facilities

There is hereby authorized to be appropriated for expenditure

after October 1, 1978, not more than $12,000,000 plus or minus such

amounts, if any, as may be justified by reason of ordinary

fluctuations in construction costs from October 1978 price levels

as indicated by engineering cost indexes applicable to the types of

construction involved, to assist in the acquisition and

construction of a powerplant for the Northern Mariana Islands

together with upgrading, rehabilitation, or replacement of

distribution facilities.

(b) Services and facilities of Federal agencies; grants-in-aid;

availability of appropriations in succeeding fiscal years

(1) The government of the Northern Marianas in carrying out the

purposes of this Act, Public Law 95-134, or Public Law 94-241 [48

U.S.C. 1801 et seq.], may utilize, to the extent practicable, the

available services and facilities of agencies and instrumentalities

of the Federal Government on a reimbursable basis. Such amounts may

be credited to the appropriation or fund which provided the

services and facilities. Agencies and instrumentalities of the

Federal Government may, when practicable, make available to the

government of the Northern Marianas, upon request of the Secretary,

such services and facilities as they are equipped to render or

furnish, and they may do so without reimbursement if otherwise

authorized by law.

(2) Any funds made available to the Northern Mariana Islands

under grant-in-aid programs by section 502 of the Covenant To

Establish a Commonwealth of the Northern Mariana Islands in

Political Union With the United States of America (Public Law

94-241), or pursuant to any other Act of Congress enacted after

March 24, 1976, are hereby authorized to remain available until

expended.

(3) Any amount authorized by the Covenant described in paragraph

(2) or by any other Act of Congress enacted after March 24, 1976,

which authorizes appropriations for the Northern Mariana Islands,

but not appropriated for a fiscal year is authorized to be

available for appropriation in succeeding fiscal years.

(c) Food stamps and distribution of donated foods

Notwithstanding the provisions of the Food Stamp Act of 1977 [7

U.S.C. 2011 et seq.], the Secretary of Agriculture is authorized,

upon the request of the Governor of the Northern Mariana Islands,

acting pursuant to legislation enacted in accordance with section 5

and 7 of article II of the Constitution of the Northern Mariana

Islands, and for the period during which such legislation is

effective, (1) to implement a food stamp program in part or all of

the Northern Mariana Islands with such income and household

standards of eligibility, deductions, and allotment values as the

Secretary determines, after consultation with the Governor, to be

suited to the economic and social circumstances of such islands:

Provided, That in no event shall such income standards of

eligibility exceed those in the forty-eight contiguous States, and

(2) to distribute or permit a distribution of federally donated

foods in any part of the Northern Mariana Islands for which the

Governor has not requested that the food stamp program be

implemented. This authority shall remain in effect through

September 30, 1981, and shall not apply to section 1421q-1 or

1574-1 (!1) of this title.

(d) Administration and enforcement of revenue and taxation

provisions of Covenant

(1) The Secretary of the Treasury is authorized and directed,

upon the request of the Governor of the Northern Mariana Islands,

acting pursuant to legislation enacted in accordance with sections

5 and 7 of article II of the Constitution of the Northern Mariana

Islands, or upon receipt of a resolution adopted by both houses of

the legislature of the Northern Mariana Islands accompanied by a

letter of request from either the Governor or the Lieutenant

Governor of the Northern Mariana Islands, without reimbursement or

other cost to the government of the Northern Mariana Islands, to

administer and enforce the provisions of section 601, 603, or 604

of the Covenant To Establish a Commonwealth of the Northern Mariana

Islands in Political Union With the United States of America

(Public Law 94-241; 90 Stat. 263, 269) and in order to administer

and enforce the collection of any payroll tax or other tax measured

by income which may be in force in the Northern Mariana Islands

pursuant to section 602 of such Covenant. This authority shall

continue until such time as the Governor of the Northern Mariana

Islands, acting pursuant to legislation enacted in accordance with

sections 5 and 7 of article II of the Constitution of the Northern

Mariana Islands, requests the Secretary of the Treasury to

discontinue the administration and enforcement of such taxes. The

administration and enforcement of such taxes by the government of

the Northern Mariana Islands shall begin on January 1 of the year

following the year in which such Northern Mariana Islands law is

enacted.

(2) For purposes of carrying out any administration and

enforcement required by this subsection, the Secretary of the

Treasury (hereinafter in this subsection referred to as the

"Secretary"), or his delegate, at no cost to the Northern Marianas

government, may (A) employ citizens of the Northern Mariana Islands

(as defined by Article III of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States (approved, Public Law 94-241; 90 Stat. 265),

or (B) use the services of employees of the government of the

Northern Mariana Islands, upon agreement to pay such government for

the use of such services. In addition, the Secretary, or his

delegate, shall make every effort to assure that citizens of the

Northern Mariana Islands (as so defined) are trained to ultimately

assume the administration and enforcement duties required of the

Secretary or his delegate under this section. Notwithstanding any

other provision of law, the Secretary or his delegate is authorized

to the maximum extent feasible in administering and enforcing the

requested sections of the Covenant, to employ and train Northern

Mariana Islands' citizens without regard to United States Civil

Service hiring or job classification laws or any employment

ceilings imposed upon the Secretary. The preceding sentence shall

not exempt such Northern Mariana Islands' citizens so hired from

any other laws affecting Federal or Internal Revenue Service

employees and shall remain in effect until the end of the third

full fiscal year following March 12, 1980.

(3) As part of the administration of taxes required by this

subsection, the Secretary or his delegate shall establish, at no

cost to the Northern Marianas government, a taxpayers information

service to provide such information and assistance to citizens of

the Northern Mariana Islands (as so defined) as may be necessary

for the filing of returns and the payment of such taxes.

-SOURCE-

(Pub. L. 95-348, Sec. 3, Aug. 18, 1978, 92 Stat. 489; Pub. L.

96-205, title II, Sec. 204(a), Mar. 12, 1980, 94 Stat. 86.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), is Pub. L. 95-348, Aug.

18, 1978, 92 Stat. 487. For complete classification of this Act to

the Code, see Tables.

Public Law 95-134, referred to in subsec. (b)(1), is Pub. L.

95-134, Oct. 15, 1977, 91 Stat. 1159, as amended, popularly known

as the Omnibus Territories Act of 1977. For complete classification

of this Act to the Code, see Tables.

Public Law 94-241, referred to in subsecs. (b)(1), (2) and

(d)(1), (2), is Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, as

amended, which is classified generally to subchapter I (Sec. 1801

et seq.) of this chapter. For complete classification of this Act

to the Code, see Tables.

The Covenant To Establish a Commonwealth of the Northern Mariana

Islands in Political Union With the United States of America,

referred to in subsecs. (b)(2), (3) and (d), is contained in

section 1 of Pub. L. 94-241, set out as a note under section 1801

of this title.

The Food Stamp Act of 1977, referred to in subsec. (c), is Pub.

L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

Section 1421q-1 or 1574-1 of this title, referred to in subsec.

(c), was in the original "section 403 of Public Law 95-135", and

was translated as reading "section 403 of Public Law 95-134", to

reflect the probable intent of Congress, because Public Law 95-135

does not contain a section 403.

The United States Civil Service hiring or job classification

laws, referred to in subsec. (d)(2), are set out generally in Title

5, Government Organization and Employees. For civil service laws,

see particularly section 3301 et seq. of Title 5. For

classification laws, see chapter 51 (Sec. 5101 et seq.) and

subchapter III of chapter 53 (Sec. 5331 et seq.) of Title 5.

-COD-

CODIFICATION

Subsecs. (b)(2), (3), (c), and (d) of this section were formerly

set out as notes under section 1681 of this title.

March 12, 1980, referred to in subsec. (d)(2), was in the

original "the date of enactment", and was translated as meaning the

date of enactment of Pub. L. 96-205, which enacted pars. (2) and

(3) of subsec. (d) of this section, to reflect the probable intent

of Congress.

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-205 designated existing provisions

as par. (1), inserted "or upon receipt of a resolution adopted by

both houses of the legislature of the Northern Mariana Islands

accompanied by a letter of request from either the Governor or the

Lieutenant Governor of the Northern Mariana Islands," after

"Constitution of the Northern Mariana Islands," the first place

appearing, and added pars. (2) and (3).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1842 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 1842. Covering into Commonwealth treasury of tax proceeds

collected pursuant to Covenant

-STATUTE-

The Secretary shall take such steps as are necessary to ensure

that the proceeds of taxes collected under the provisions of

sections 601, 602, 603, and 604 of the Covenant (Public Law 94-241)

are covered directly upon collection into the treasury of the

Commonwealth of the Northern Mariana Islands.

-SOURCE-

(Pub. L. 96-205, title II, Sec. 204(b), Mar. 12, 1980, 94 Stat.

87.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in text, is the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, which is contained in section 1

of Pub. L. 94-241, set out as a note under section 1801 of this

title.

Public Law 94-241, referred to in text, is Pub. L. 94-241, Mar.

24, 1976, 90 Stat. 263, as amended, which is classified generally

to subchapter I (Sec. 1801 et seq.) of this chapter. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-MISC1-

AUTHORITY OF GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS

TO ENACT REVENUE LAWS

See section 1271 of Pub. L. 99-514, set out as a note under

section 931 of Title 26, Internal Revenue Code.

-End-

-CITE-

48 USC Sec. 1843 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 1843. Exemption from taxation for income derived from sources

within Commonwealth

-STATUTE-

(a) Taxable years beginning after December 31, 1978, but not after

January 1, 1985

Except as provided in subsection (c) of this section, any person,

including an individual, trust, estate, partnership, association,

company, or corporation, which is a resident of or which is

organized under the laws of the Commonwealth of the Northern

Mariana Islands and which is subject to the provisions of section

601 of the Covenant to Establish the Commonwealth of the Northern

Mariana Islands in Political Union with the United States (Public

Law 94-241), shall be exempted from the requirements of such

section with respect to income derived from sources within the

Commonwealth of the Northern Mariana Islands for taxable years

beginning after December 31, 1978, until, but not after, January 1,

1985. Nothing in this section shall be construed as relieving such

person from the obligation to comply with the requirements of

section 601 with respect to income derived from sources outside of

the Commonwealth of the Northern Mariana Islands.

(b) Taxable years beginning after December 31, 1980, and before

January 1, 1982

Except as provided in subsection (c) of this section, any person,

including an individual, trust, estate, partnership, association,

company, or corporation, which is a resident of or which is

organized under the laws of the Commonwealth of the Northern

Mariana Islands and which is subject to the provisions of section

601 of the Covenant to Establish the Commonwealth of the Northern

Mariana Islands (Public Law 94-241), shall be exempt from the

requirements of such section with respect to income from sources

within the Northern Mariana Islands for its taxable year beginning

after December 31, 1980, and before January 1, 1982: Provided, That

the Secretary receives written notice from the Governor of the

Northern Mariana Islands not later than September 30, 1980, that

sections 1, 2, 3, 4, and 5 of chapter 2 of Public Law 1-30 of the

Commonwealth of the Northern Mariana Islands or its successor, have

been repealed in their entirety, effective December 31, 1981.

(c) Tax rebates

As provided in section 602 (!1) of Public Law 94-241 (90 Stat.

263, 270) the term "rebate of any taxes" shall, effective January

1, 1985, apply only to the extent taxes have actually been paid

pursuant to section 601 (!1) of said Act, shall not exceed the

amount of tax actually paid for any tax year, and may only be paid

following the close of the tax year involved. Notwithstanding any

other provision of law, effective January 1, 1985, the Commonwealth

of the Northern Mariana Islands shall maintain, as a matter of

public record, the name and address of each person receiving such a

rebate, together with the amount of the rebate, and the year for

which such rebate was made.

-SOURCE-

(Pub. L. 96-205, title II, Sec. 205, Mar. 12, 1980, 94 Stat. 87;

Pub. L. 96-597, title III, Sec. 303(a), Dec. 24, 1980, 94 Stat.

3478; Pub. L. 98-213, Sec. 3(a), (b), Dec. 8, 1983, 97 Stat. 1459.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in subsecs. (a) and (b), is the

Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America, which

is contained in section 1 of Pub. L. 94-241, set out as a note

under section 1801 of this title.

Public Law 94-241, referred to in subsecs. (a) and (b), is Pub.

L. 94-241, Mar. 24, 1976, 90 Stat. 263, as amended, which is

classified generally to subchapter I (Sec. 1801 et seq.) of this

chapter. For complete classification of this Act to the Code, see

Tables.

Sections 601 and 602 of Public Law 94-241, referred to in subsec.

(c), probably mean sections 601 and 602 of the Covenant, because

Pub. L. 94-241 does not contain a section 601 or 602.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-213, Sec. 3(a), substituted "1985"

for "1983".

Subsec. (c). Pub. L. 98-213, Sec. 3(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "It is

the sense of Congress that the term 'rebate' as used in section 602

of Public Law 94-241 does not permit the abatement of taxes."

1980 - Subsec. (a). Pub. L. 96-597 substituted "until, but not

after, January 1, 1983." for "and before January 1, 1981.".

SUSPENSION OF PROHIBITION OF ABATEMENT OF TAXATION IN COMMONWEALTH

OF NORTHERN MARIANA ISLANDS

Pub. L. 96-597, title III, Sec. 303(b), Dec. 24, 1980, 94 Stat.

3478, provided that provisions of subsec. (c) of this section were

suspended and were of no force or effect until Jan. 1, 1983.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1844 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 1844. Political union between Territory of Guam and

Commonwealth of Northern Mariana Islands

-STATUTE-

In the event that a political union is effected at a future time

between the Territory of Guam and the Commonwealth of the Northern

Mariana Islands, the Federal Government and each of its agencies is

authorized and directed to assure that -

(i) there will be no diminution of any rights or entitlements

otherwise eligible to said territory and Commonwealth in effect

on the effective date of such union,

(ii) there will be no adverse effect on any funds which have

been or may hereafter be authorized or appropriated for said

territory or Commonwealth, as of the effective date of such

union, or

(iii) no action is taken that would in any manner discourage

such unification.

Whenever any discrepancy exists or arises between the benefits

available for either said territory or Commonwealth under any

policies or programs authorized by law (including, but not limited

to, any formulas for matching grants-in-aid or comparable programs

or benefits), the most favorable terms available to either said

territory or Commonwealth shall be deemed applicable to said

unified area after the effective date of unification.

-SOURCE-

(Pub. L. 96-597, title VI, Sec. 602, Dec. 24, 1981, 94 Stat. 3480.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-End-

-CITE-

48 USC Sec. 1845 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 1845. Plans for development, utilization, and conservation of

water and related land resources

-STATUTE-

(a) The Secretary of the Army, acting through the Chief of

Engineers and in cooperation with the Commonwealth of the Northern

Mariana Islands, is hereby authorized and directed to study and

draft plans for development, utilization, and conservation of water

and related land resources of the Commonwealth. To carry out the

purposes of this section there are authorized to be appropriated

effective October 1, 1983, such sums as may be necessary.

(b) Such studies shall include appropriate consideration of the

needs for flood protection; wise use of flood plain lands;

navigation facilities; hydroelectric power generation; regional

water supply and waste water management facilities systems; general

recreational facilities; enhancement and control of water quality;

enhancement and conservation of fish and wildlife; and other

measures for environment improvement and economic and human

resources development. Such studies shall also be compatible with

comprehensive development plans formulated by local planning

agencies and other interested Federal agencies.

-SOURCE-

(Pub. L. 98-213, Sec. 13, Dec. 8, 1983, 97 Stat. 1462.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-End-

-CITE-

48 USC Sec. 1846 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 17 - NORTHERN MARIANA ISLANDS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 1846. Exemption from assessment and taxation of real property

owned by Commonwealth in United States capital

-STATUTE-

Real property owned by the Commonwealth of the Northern Mariana

Islands in the capital of the United States and used by the

Resident Representative thereof in the discharge of his

representative duties under the Covenant shall be exempt from

assessment and taxation.

-SOURCE-

(Pub. L. 101-219, title II, Sec. 208, Dec. 12, 1989, 103 Stat.

1875.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant, referred to in text, is the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, which is contained in section 1

of Pub. L. 94-241, set out as a note under section 1801 of this

title.

-COD-

CODIFICATION

Section was formerly set out as a note under section 1681 of this

title.

-End-