Legislación
US (United States) Code. Title 48. Chapter 17: Northern Mariana Island
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48 USC CHAPTER 17 - NORTHERN MARIANA ISLANDS 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 17 - NORTHERN MARIANA ISLANDS
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CHAPTER 17 - NORTHERN MARIANA ISLANDS
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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.
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48 USC SUBCHAPTER I - APPROVAL OF COVENANT AND
SUPPLEMENTAL PROVISIONS 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 17 - NORTHERN MARIANA ISLANDS
SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS
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SUBCHAPTER I - APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS
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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.
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48 USC Sec. 1801 01/06/03
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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.)
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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.
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CODIFICATION
Section was formerly set out as a note under section 1681 of this
title.
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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.
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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 14G6º<!--
degrees --> north latitude, south of 21G6º<!-- degrees -->
north latitude, west of 150G6º<!-- degrees --> east
longitude and east of 144G6º<!-- 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.
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CODIFICATION
Section was formerly set out as a note under section 1681 of this
title.
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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