
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1801]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                  CHAPTER 17--NORTHERN MARIANA ISLANDS
 
     SUBCHAPTER I--APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS
 
Sec. 1801. Approval of Covenant to Establish a Commonwealth 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, Sec. 1, Mar. 24, 1976, 90 Stat. 263.)

                       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.

          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.


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 14 deg. north latitude, 
    south of 21 deg. north latitude, west of 150 deg. east longitude and 
    east of 144 deg. 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.''

        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.
