48 U.S.C. § 1801 — Approval of Covenant to Establish a Com-

Page 182 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1757 Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle B (§§ 711–718) of title VII of Pub. L. 110–229, May 8, 2008, 122 Stat. 868, which enacted this subchapter and amended sections 4342, 6954 and 9432 of Title 10, Armed Forces. For com- plete classification of subtitle B to the Code, see Ta- bles. The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands 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. § 1757. Definition For purposes of this subchapter, the term ‘‘Delegate’’ means the Resident Representative referred to in section 1751 of this title. (Pub. L. 110–229, title VII, § 717, May 8, 2008, 122 Stat. 869.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle B (§§ 711–718) of title VII of Pub. L. 110–229, May 8, 2008, 122 Stat. 868, which enacted this subchapter and amended sections 4342, 6954 and 9432 of Title 10, Armed Forces. For com- plete classification of subtitle B to the Code, see Ta- bles. CHAPTER 17—NORTHERN MARIANA ISLANDS SUBCHAPTER I—APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS Sec. 1801. Approval of Covenant to Establish a Com- monwealth of the Northern Mariana Is- lands. 1802. Consideration of issues affecting relations with United States. 1803. Financial assistance to Government of North- ern Mariana Islands. 1804. Direct grant assistance. 1805. Failure to meet performance standards; reso- lution of issues; withholding of funds. 1806. Immigration and transition. 1807. Technical assistance program. 1808. Operations. SUBCHAPTER II—JUDICIAL MATTERS 1821. District Court for the Northern Mariana Is- lands. 1822. Jurisdiction of District Court; original juris- diction; procedural requirements. 1823. Appellate jurisdiction of District Court; pro- cedure; review by United States Court of Appeals for Ninth Circuit; rules. 1824. Relations between courts of United States and courts of Northern Mariana Islands; ap- plicability of statutory provisions. 1825. Effective date. 1826. Authorization of appropriations. SUBCHAPTER III—MISCELLANEOUS 1841. Funds and services. 1842. Covering into Commonwealth treasury of tax proceeds collected pursuant to Covenant. 1843. Exemption from taxation for income derived from sources within Commonwealth. 1844. Political union between Territory of Guam and Commonwealth of Northern Mariana Is- lands. 1845. Plans for development, utilization, and con- servation of water and related land re- sources. Sec. 1846. Exemption from assessment and taxation of real property owned by Commonwealth in United States capital. SUBCHAPTER I—APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS § 1801. Approval of Covenant to Establish a Com- monwealth of the Northern Mariana Islands 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. (Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263.) Editorial Notes 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. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–94, div. P, title IX, § 901, Dec. 20, 2019, 133 Stat. 3197, provided that: ‘‘This title [amending section 1806 of this title] may be cited as the ‘Disaster Recov- ery Workforce Act’.’’ Pub. L. 116–24, § 1, June 25, 2019, 133 Stat. 977, provided that: ‘‘This Act [amending section 1806 of this title] may be cited as the ‘Northern Mariana Islands Long- Term Legal Residents Relief Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–218, § 1, July 24, 2018, 132 Stat. 1547, pro- vided that: ‘‘This Act [amending section 1806 of this title and enacting provisions set out as notes under sec- tions 1806 and 1807 of this title] may be cited as the ‘Northern Mariana Islands U.S. Workforce Act of 2018’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–53, § 1, Aug. 22, 2017, 131 Stat. 1091, pro- vided that: ‘‘This Act [amending section 1806 of this title] may be cited as the ‘Northern Mariana Islands Economic Expansion Act’.’’ APPLICABILITY OF REQUIREMENT OF UNITED STATES CITIZENSHIP OR NATIONALITY AS PREREQUISITE OF ANY BENEFIT, RIGHT, ETC., TO CITIZENS OF NORTH- ERN MARIANA ISLANDS Pub. L. 98–213, §§ 17–25, Dec. 8, 1983, 97 Stat. 1463–1466, exempted citizens of Northern Mariana Islands from laws prohibiting United States Government from com- pensating or employing noncitizens and from require- ment 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 na- tionality requirements of certain statutes, provided that if President failed to timely issue a proclamation, the requirement of United States citizenship or nation- ality 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 Page 183 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 statutory provision or regulation, particularly statutes relating to immigration and nationality, not otherwise applicable to or within Northern Mariana Islands, pro- vided for termination of President’s authority to issue proclamations upon establishment of Commonwealth of the Northern Mariana Islands, defined terms, and pro- vided 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, § 2, May 28, 1975, 89 Stat. 95, authorized appropriation of $1,500,000 to aid in transition of Mar- iana 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 con- tained several ‘‘Whereas’’ clauses reading as follows: ‘‘Whereas the United States is the administering au- thority 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 de- velopment 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 de- sires 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 sta- tus negotiations with representatives of the people of the Northern Mariana Islands; and ‘‘Whereas, on February 15, 1975, a ‘Covenant to Estab- lish 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 Mar- iana Islands and by the President’s Personal Represent- ative, 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 Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263, as amend- ed by Pub. L. 98–213, § 9, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–196; Pub. L. 110–229, title VII, § 702(g)(1), May 8, 2008, 122 Stat. 864, contained the Cov- enant 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 Is- lands 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 po- litical union with the United States; ‘‘Now, therefore, the Marianas Political Status Com- mission, being the duly appointed representative of the people of the Northern Mariana Islands, and the Per- sonal Representative of the President of the United States have entered into this Covenant in order to es- tablish a self-governing commonwealth for the North- ern Mariana Islands within the American political sys- tem 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 sov- ereign act of self-determination. ‘‘ARTICLE I ‘‘POLITICAL RELATIONSHIP ‘‘SECTION 101. The Northern Mariana Islands upon ter- mination 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 Is- lands 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 adop- tion. ‘‘SECTION 104. The United States will have complete responsibility for and authority with respect to mat- ters relating to foreign affairs and defense affecting the Northern Mariana Islands. ‘‘SECTION 105. The United States may enact legisla- tion in accordance with its constitutional processes which will be applicable to the Northern Mariana Is- lands, but if such legislation cannot also be made appli- cable to the several States the Northern Mariana Is- lands must be specifically named therein for it to be- come effective in the Northern Mariana Islands. In order to respect the right of self-government guaran- teed 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 Is- lands will formulate and approve a Constitution and may amend their Constitution pursuant to the proce- dures 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 Page 184 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 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 ap- proval 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 provi- sions of the Constitution, treaties and laws of the United States applicable to the Northern Mariana Is- lands. ‘‘SECTION 203. (a) The Constitution will provide for a republican form of government with separate execu- tive, legislative and judicial branches, and will contain a bill of rights. ‘‘(b) The executive power of the Northern Mariana Is- lands 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 char- tered 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 applica- ble to the Northern Mariana Islands. ‘‘(d) The judicial power of the Northern Mariana Is- lands 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 Is- lands 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 employ- ees of the Government of the Northern Mariana Islands will take an oath or affirmation to support this Cov- enant, those provisions of the Constitution, treaties and laws of the United States applicable to the North- ern Mariana Islands, and the Constitution and laws of the Northern Mariana Islands. ‘‘ARTICLE III ‘‘CITIZENSHIP AND NATIONALITY ‘‘SECTION 301. The following persons and their chil- dren 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 Is- lands 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 domi- ciled 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 Terri- tory of the Pacific Islands on the day preceding the effective date of this Section, who have been domi- ciled 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 elec- tions 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 Ter- ritory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Is- lands 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 reach- ing the age of 18 years, whichever date is the later, be- come 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 llllllll 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 sub- ject to the jurisdiction of the United States will be citi- zens of the United States at birth. ‘‘SECTION 304. Citizens of the Northern Mariana Is- lands 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 de- scribed 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 Dis- trict Court will be considered a court of the Northern Mariana Islands for the purposes of determining the re- quirements of indictment by grand jury or trial by jury. ‘‘(c) The District Court will have such appellate juris- diction as the Constitution or laws of the Northern Mariana Islands may provide. When it sits as an appel- late 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 es- tablished 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 mat- ters 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 sev- eral 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 ap- pellate 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 Is- lands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in this Article. Page 185 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 ‘‘ARTICLE V ‘‘APPLICABILITY OF LAWS ‘‘SECTION 501. (a) To the extent that they are not ap- plicable 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, how- ever, 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 Mar- iana 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 pro- vided in this Covenant: ‘‘(1) those laws which provide federal services and financial assistance programs and the federal bank- ing laws as they apply to Guam; Section 228 of Title II and Title XVI of the Social Security Act as it ap- plies to the several States; the Public Health Service Act as it applies to the Virgin Islands; and the Micro- nesian 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 ap- plication 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 Pa- cific 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 Trust- eeship Agreement, and will thereafter be inappli- cable. ‘‘(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 ac- tivities of the United States Government and its con- tractors 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 Mar- iana 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 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 unfin- ished fish products in the United States; and ‘‘(b) the minimum wage provisions of Section 6, Act of June 25, 1938, 52 Stat. 1062, as amended. (As amend- ed Pub. L. 110–229, title VII, § 702(g)(1)(A), May 8, 2008, 122 Stat. 864.) ‘‘SECTION 504. The President will appoint a Commis- sion 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 in- applicable 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 Commis- sion 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 poten- tial 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 Dis- trict 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 Is- lands will remain in force and effect until and unless altered by the Government of the Northern Mariana Is- lands. ‘‘SECTION 506. [Repealed. Pub. L. 110–229, title VII, § 702(g)(1)(B), May 8, 2008, 122 Stat. 864.] ‘‘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 Mar- iana Islands (including a national of the United States who is not a citizen), will file only one income tax re- turn 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 Mar- iana Islands, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof or of this Covenant. ‘‘SECTION 602. The Government of the Northern Mar- iana Islands may by local law impose such taxes, in ad- dition to those imposed under Section 601, as it deems appropriate and provide for the rebate of any taxes re- ceived 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 Is- lands may, in a manner consistent with the inter- national obligations of the United States, levy duties on goods imported into its territory from any area out- side the customs territory of the United States and im- pose duties on exports from its territory. ‘‘(c) Imports from the Northern Mariana Islands into the customs territory of the United States will be sub- ject to the same treatment as imports from Guam into the customs territory of the United States. Page 186 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 ‘‘(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 Mar- iana Islands in the same manner and to the same ex- tent as such taxes are applicable within Guam. ‘‘(b) The Government of the Northern Mariana Is- lands will have the authority to impose excise taxes upon goods manufactured, sold or used or services ren- dered 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 Gov- ernment 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 Sail- ors Civil Relief Act of 1940, as amended, which will be applicable to the Northern Mariana Islands as it is ap- plicable to Guam. ‘‘SECTION 606. (a) Not later than at the time this Cov- enant 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 Is- lands 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 trans- fer, 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 so- cial 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 com- parable 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 So- cial 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 fol- lowing 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, § 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 appro- priate 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 Retire- ment 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 Is- lands who are eligible for or entitled to social secu- rity benefits under the laws of the Trust Territory of the Pacific Islands or of the Northern Mariana Is- lands will not lose their entitlement and will be eligi- ble for or entitled to benefits under the laws de- scribed 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 in- terest, 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 Is- lands will authorize no public indebtedness (other than bonds or other obligations of the Government payable solely from revenues derived from any public improve- ment 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 Is- lands 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 re- sources 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 pro- grams and for economic development. The initial pe- riod 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 appropria- tion, 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 fol- lowing the effective date of this Section: ‘‘(a) $8.25 million for budgetary support for govern- ment operations, of which $250,000 each year will be reserved for a special education training fund con- nected 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 agricul- tural 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 avail- able to the Northern Mariana Islands the full range of federal programs and services available to the terri- tories of the United States. Funds provided under Sec- tion 702 will be considered to be local revenues when used as the local share required to obtain federal pro- grams and services. (As amended Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–196.) ‘‘(b) There will be paid into the Treasury of the Gov- ernment of the Northern Mariana Islands, to be ex- pended to the benefit of the people thereof as that Gov- ernment may by law prescribe, the proceeds of all cus- toms duties and federal income taxes derived from the Northern Mariana Islands, the proceeds of all taxes col- lected under the internal revenue laws of the United Page 187 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 States on articles produced in the Northern Mariana Is- lands and transported to the United States, its terri- tories 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 and pass- port fees collected in the Northern Mariana Islands, ex- cept 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. (As amended Pub. L. 110–229, title VII, § 702(g)(1)(C), May 8, 2008, 122 Stat. 864.) ‘‘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 Sec- tion and the beginning of the next succeeding fiscal year. ‘‘(c) The amounts stated in Section 702 will be ad- justed 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 guar- anteed annual direct grant assistance provided by Sec- tion 702, the annual level of payments in each category listed in Section 702 will continue until Congress appro- priates a different amount or otherwise provides by law. ‘‘ARTICLE VIII ‘‘PROPERTY ‘‘SECTION 801. All right, title and interest of the Gov- ernment 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 there- after acquired in any manner whatsoever will, no later than upon the termination of the Trusteeship Agree- ment, be transferred to the Government of the North- ern Mariana Islands. All right, title and interest of the Government of the Trust Territory of the Pacific Is- lands 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 termi- nation of the Trusteeship Agreement, be distributed eq- uitably in a manner to be determined by the Govern- ment of the Trust Territory of the Pacific Islands in consultation with those concerned, including the Gov- ernment 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 responsibil- ities: ‘‘(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 in- terest 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 mil- lion; ‘‘(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 Cov- enant. ‘‘(c) A separate Technical Agreement Regarding Use of Land To Be Leased by the United States in the Northern Mariana Islands will be executed simulta- neously with this Covenant. The terms of the lease to the United States will be in accordance with this Sec- tion and with the terms of the Technical Agreement. The Technical Agreement will also contain terms relat- ing to the leaseback of property, to the joint use ar- rangements 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 accord- ance with this Covenant the Government of the United States will lease back to the Government of the North- ern 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 Is- land 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 Is- lands which grant to the Government of the United States use or other rights in real property in the North- ern Mariana Islands to be terminated upon or before the effective date of the Section. All right, title and in- terest 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 Gov- ernment 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 North- ern 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 Govern- ment 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 fed- eral 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 Page 188 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 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 pro- mote their economic advancement and self-sufficiency: ‘‘(a) will until twenty-five years after the termi- nation of the Trusteeship Agreement, and may there- after, 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 impor- tance of land in the Northern Mariana Islands. If the United States must acquire any interest in real prop- erty not transferred to it under this Covenant, it will follow the policy of seeking to acquire only the min- imum 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 inter- est is obtained, and of seeking first to satisfy its re- quirement by acquiring an interest in public rather than private real property. ‘‘(b) The United States may, upon prior written no- tice to the Government of the Northern Mariana Is- lands, acquire for public purposes in accordance with federal laws and procedures any interest in real prop- erty 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 vol- untary means under this Subsection before exercising the power of eminent domain. No interest in real prop- erty 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 North- ern 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 en- titled to receive official recognition as such Represent- ative 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 se- lection from the Governor. The Represenative [sic] must be a citizen and resident of the Northern Mariana Islands, at least twenty-five years of age, and, after ter- mination 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 rela- tionship between them. At the request of either Gov- ernment, 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 pres- entation 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 justiciable 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 ter- ritory or possession under comparable circumstances. ‘‘(b) The United States will assist and facilitate the establishment by the Northern Mariana Islands of of- fices 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 organi- zations 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 cir- cumstances. ‘‘ARTICLE X ‘‘APPROVAL, EFFECTIVE DATES, AND DEFINITIONS ‘‘SECTION 1001. (a) This Covenant will be submitted to the Mariana Islands District Legislature for its ap- proval. After its approval by the Mariana Islands Dis- trict 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 qualifica- tions, including timely registration, as are promul- gated 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 estab- lishment 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 oth- erwise, 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 specifi- cally provided: Page 189 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 ‘‘(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 de- termined 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 ef- fective upon the termination of the Trusteeship Agreement and the establishment of the Common- wealth 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 Is- lands will become effective in accordance with its terms on the same day that the provisions of this Cov- enant 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 inef- fective until termination of the Trusteeship Agree- ment. Upon the establishment of the Commonwealth of the Northern Mariana Islands the Constitution will be- come 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 Trustee- ship Agreement for the former Japanese Mandated Is- lands 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 14° north latitude, south of 21° north latitude, west of 150° east longitude and east of 144° east longitude; ‘‘(c) ‘Government of the Northern Mariana Islands’ includes, as appropriate, the Government of the Mar- iana Islands District of the Trust Territory of the Pa- cific Islands at the time this Covenant is signed, its agencies and instrumentalities, and its successors, in- cluding 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 con- tinuing 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 Commis- sion: 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.’’ [Pub. L. 110–229, title VII, § 702(g)(2), May 8, 2008, 122 Stat. 864, provided that: ‘‘The amendments made by paragraph (1) [amending Covenant set out above] shall take effect on the transition program effective date de- scribed in section 6 of Public Law 94–241 [48 U.S.C. 1806] (as added by subsection (a)).’’] Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. 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 Per- sonal Representative of the President of the United States signed a Covenant, the purpose of which is to provide for the eventual establishment of a Common- wealth 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 Is- lands will be deemed to have been approved by the Gov- ernment 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 an- nounce 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 Ar- ticle II of the Covenant. I have also received advice from the Senate Committee on Energy and Natural Re- sources 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 North- ern Mariana Islands have both been approved. Page 190 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 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 Sec- tion 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 ap- plication 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 North- ern Mariana Islands until termination of Trusteeship Agreement. PROCLAMATION NO. 4938 Proc. No. 4938, May 3, 1982, 47 F.R. 19307, related to ap- plication 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 citi- zens of the Northern Mariana Islands until establish- ment 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 adminis- tered the United Nations Trust Territory of the Pacific Islands (‘‘Trust Territory’’), which includes the North- ern Mariana Islands, the Federated States of Micro- nesia, the Marshall Islands, and Palau. On February 15, 1975, after extensive status negotia- tions, 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 polit- ical 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 Cov- enant 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 Associa- tion, 48 U.S.C. 1901 note]. On June 25, 1983, the Govern- ment of the United States and the Government of the Marshall Islands concluded a Compact of Free Associa- tion, establishing a relationship of Free Association be- tween the two Governments [see Compact of Free Asso- ciation, 48 U.S.C. 1901 note]. Pursuant to Sections 111 and 121 of the Compacts, the Federated States of Micro- nesia and the Republic of the Marshall Islands become self-governing and have the right to conduct foreign af- fairs 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 fulfill- ment 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 con- stitutional processes; and (3) the conduct of a plebiscite in that jurisdiction. In the Federated States of Micro- nesia, the Compact has been approved by the Govern- ment 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 Mar- shall Islands, the Compact has been approved by the Government in accordance with its constitutional proc- esses, and in a United Nations-observed plebiscite on September 7, 1983, a sovereign act of self-determina- tion. In the United States the Compacts have been ap- proved 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 obliga- tions 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 Agree- ment 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 Mar- shall 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 Com- pact of Free Association, that as between the United States and the Federated States of Micronesia, the ef- fective 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 con- sequence of consultations held between the United States Government and the Government of the Mar- shall 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, agree- ment had been reached that the Compact of Free Asso- ciation with the Federated States of Micronesia and Page 191 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1803 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 peo- ples of the Northern Mariana Islands, the Federated States of Micronesia, and the Marshall Islands. NOW, THEREFORE, I, RONALD REAGAN, by the au- thority 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 Common- wealth 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 Agree- ment 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 No- vember 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., No- vember 4, 1986, Northern Mariana Islands local time. (b) The Commonwealth of the Northern Mariana Is- lands 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 con- gratulate our new fellow citizens. SEC. 3. (a) The Compact of Free Association with the Republic of the Marshall Islands is in full force and ef- fect as of October 21, 1986, and the Compact of Free As- sociation 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 Asso- ciation 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 Inde- pendence of the United States of America the two hun- dred 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 Po- litical Union with the United States of America,’’ ap- proved 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 responsi- bility of another Federal department or agency, be under the general administrative supervision of the Secretary of the Interior. RONALD REAGAN. § 1802. Consideration of issues affecting relations with United States 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 re- quest, on behalf of the United States, the des- ignation 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 des- ignated by either Government and to make a re- port and recommendations with respect thereto. (Pub. L. 94–241, § 2, Mar. 24, 1976, 90 Stat. 279.) Editorial Notes REFERENCES IN TEXT The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands 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. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1803. Financial assistance to Government of Northern Mariana Islands Pursuant to section 701 of the foregoing Cov- enant, enactment of this section shall con- stitute a commitment and pledge of the full faith and credit of the United States for the pay- ment of $228 million at guaranteed annual amounts of direct grant assistance for the Gov- ernment of the Northern Mariana Islands for an additional period of seven fiscal years after the expiration of the initial seven-year period speci- fied in section 702 of said Covenant, which as- sistance shall be provided according to the schedule of payments contained in the Agree- ment of the Special Representatives on Future United States Financial Assistance for the Gov- ernment of the Northern Mariana Islands, exe- cuted July 10, 1985, between the special rep- resentative 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 im- provement 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. (Pub. L. 94–241, § 3, as added Pub. L. 99–396, § 10, Aug. 27, 1986, 100 Stat. 840.) Editorial Notes REFERENCES IN TEXT The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands 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.