
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: 48USC1804]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                  CHAPTER 17--NORTHERN MARIANA ISLANDS
 
     SUBCHAPTER I--APPROVAL OF COVENANT AND SUPPLEMENTAL PROVISIONS
 
Sec. 1804. Direct grant assistance


(a) Composite price index adjustments not applicable

    Section 704(c) of the foregoing Covenant shall not apply to the 
Federal financial assistance which is provided to the Government of the 
Northern Mariana Islands pursuant to section 1803 of this title.

(b) Additional years of assistance

    Upon the expiration of the period of Federal financial assistance 
which is provided to the Government of the Northern Mariana Islands 
pursuant to section 1803 of this title, payments of direct grant 
assistance shall continue at the annual level provided for the last 
fiscal year of the additional period of seven fiscal years except that, 
for fiscal years 1996 through 1999, payments to the Commonwealth of the 
Northern Mariana Islands pursuant to the multi-year funding agreements 
contemplated under the Covenant shall be $11,000,000 annually and for 
fiscal year 2000, payments to the Commonwealth of the Northern Mariana 
Islands shall be $5,580,000, but shall return to the level of 
$11,000,000 annually for fiscal years 2001 and 2002. In fiscal year 
2003, the payment to the Commonwealth of the Northern Mariana Islands 
shall be $5,420,000. Such payments shall be subject to an equal local 
match and all other requirements set forth in the Agreement of the 
Special Representatives on Future Federal Financial Assistance of the 
Northern Mariana Islands, executed on December 17, 1992 between the 
special representative of the President of the United States and special 
representatives of the Governor of the Northern Mariana Islands with any 
additional amounts otherwise made available under this section in any 
fiscal year and not required to meet the schedule of payments in this 
subsection to be provided as set forth in subsection (c) of this section 
until Congress otherwise provides by law.

(c) Specific allocations for capital infrastructure projects

    The additional amounts referred to in subsection (b) of this section 
shall be made available to the Secretary for obligation as follows:
        (1) for fiscal years 1996 through 2001, $4,580,000 annually for 
    capital infrastructure projects as Impact Aid for Guam under section 
    1904(e)(6) \1\ of this title;
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    \1\ See References in Text note below.
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        (2) for fiscal year 1996, $7,700,000 shall be provided for 
    capital infrastructure projects in American Samoa; $4,420,000 for 
    resettlement of Rongelap Atoll; and \2\
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    \2\ So in original. The word ``and'' probably should not appear.
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        (3) for fiscal years 1997 and thereafter, all such amounts shall 
    be available solely for capital infrastructure projects in Guam, the 
    Virgin Islands, American Samoa, the Commonwealth of the Northern 
    Mariana Islands, the Republic of Palau, the Federated States of 
    Micronesia and the Republic of the Marshall Islands: Provided, That, 
    in fiscal year 1997, $3,000,000 of such amounts shall be made 
    available to the College of the Northern Marianas and beginning in 
    fiscal year 1997, and in each year thereafter, not to exceed 
    $3,000,000 may be allocated, as provided in appropriations Acts, to 
    the Secretary of the Interior for use by Federal agencies or the 
    Commonwealth of the Northern Mariana Islands to address immigration, 
    labor, and law enforcement issues in the Northern Mariana Islands. 
    The specific projects to be funded in American Samoa shall be set 
    forth in a five-year plan for infrastructure assistance developed by 
    the Secretary of the Interior in consultation with the American 
    Samoa Government and updated annually and submitted to the Congress 
    concurrent with the budget justifications for the Department of the 
    Interior. In developing budget recommendations for capital 
    infrastructure funding, the Secretary shall indicate the highest 
    priority projects, consider the extent to which particular projects 
    are part of an overall master plan, whether such project has been 
    reviewed by the Corps of Engineers and any recommendations made as a 
    result of such review, the extent to which a set-aside for 
    maintenance would enhance the life of the project, the degree to 
    which a local cost-share requirement would be consistent with local 
    economic and fiscal capabilities, and may propose an incremental 
    set-aside, not to exceed $2,000,000 per year, to remain available 
    without fiscal year limitation, as an emergency fund in the event of 
    natural or other disasters to supplement other assistance in the 
    repair, replacement, or hardening of essential facilities: Provided 
    further, That the cumulative amount set aside for such emergency 
    fund may not exceed $10,000,000 at any time.\3\
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    \3\ So in original. The period probably should be ``; and''.
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        (4) for fiscal year 2000, $5,420,000 shall be provided to the 
    Virgin Islands for correctional facilities and other projects 
    mandated by Federal law.

(d) Resettlement of Rongelap Atoll

    Within the amounts allocated for infrastructure pursuant to this 
section, and subject to the specific allocations made in subsection (c) 
of this section, additional contributions may be made, as set forth in 
appropriations Acts, to assist in the resettlement of Rongelap Atoll: 
Provided, That the total of all contributions from any Federal source 
after April 26, 1996, may not exceed $32,000,000 and shall be contingent 
upon an agreement, satisfactory to the President, that such 
contributions are a full and final settlement of all obligations of the 
United States to assist in the resettlement of Rongelop \4\ Atoll and 
that such funds will be expended solely on resettlement activities and 
will be properly audited and accounted for. In order to provide such 
contributions in a timely manner, each Federal agency providing 
assistance or services, or conducting activities, in the Republic of the 
Marshall Islands, is authorized to make funds available through the 
Secretary of the Interior, to assist in the resettlement of Rongelap. 
Nothing in this subsection shall be construed to limit the provision of 
ex gratia assistance pursuant to section 1905(c)(2) of this title 
including for individuals choosing not to resettle at Rongelap, except 
that no such assistance for such individuals may be provided until the 
Secretary notifies the Congress that the full amount of all funds 
necessary for resettlement at Rongelap has been provided.
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    \4\ So in original. Probably should be ``Rongelap''.
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(Pub. L. 94-241, Sec. 4, as added Pub. L. 99-396, Sec. 10, Aug. 27, 
1986, 100 Stat. 841; amended Pub. L. 104-134, title I, Sec. 101(c) 
[title I, Sec. 118], Apr. 26, 1996, 110 Stat. 1321-156, 1321-178; 
renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 
1327; Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999, 
113 Stat. 1535, 1501A-152.)

                       References in Text

    The Covenant, referred to in subsec. (a), is the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in Political 
Union with the United States of America, which is contained in section 1 
of Pub. L. 94-241, set out as a note under section 1801 of this title.
    Section 1904(e)(6) of this title, referred to in subsec. (c)(1), was 
in the original ``section 104(c)(6) of Public Law 99-239'', which was 
translated as meaning section 104(e)(6) of Pub. L. 99-239 to reflect the 
probable intent of Congress, because section 1904(c) does not contain 
pars. and section 1904(e)(6) relates to impact aid.

                          Codification

    Section was formerly set out as a note under section 1681 of this 
title.
    April 26, 1996, referred to in subsec. (d), was in the original 
``enactment of this Act'', which was translated as meaning the date of 
enactment of Pub. L. 104-134, which added subsec. (d) of this section, 
to reflect the probable intent of Congress.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-113 substituted ``fiscal years 1996 
through 1999'' for ``fiscal years 1996 through 2002'' and ``$11,000,000 
annually and for fiscal year 2000, payments to the Commonwealth of the 
Northern Mariana Islands shall be $5,580,000, but shall return to the 
level of $11,000,000 annually for fiscal years 2001 and 2002. In fiscal 
year 2003, the payment to the Commonwealth of the Northern Mariana 
Islands shall be $5,420,000. Such payments shall be'' for ``$11,000,000 
annually,''.
    Subsec. (c)(4). Pub. L. 106-113 added par. (4).
    1996--Subsec. (b). Pub. L. 104-134 substituted ``except that, for 
fiscal years 1996 through 2002, payments to the Commonwealth of the 
Northern Mariana Islands pursuant to the multi-year funding agreements 
contemplated under the Covenant shall be $11,000,000 annually, subject 
to an equal local match and all other requirements set forth in the 
Agreement of the Special Representatives on Future Federal Financial 
Assistance of the Northern Mariana Islands, executed on December 17, 
1992 between the special representative of the President of the United 
States and special representatives of the Governor of the Northern 
Mariana Islands with any additional amounts otherwise made available 
under this section in any fiscal year and not required to meet the 
schedule of payments in this subsection to be provided as set forth in 
subsection (c) of this section until Congress otherwise provides by 
law.'' for ``until Congress otherwise provides by law.''
    Subsec. (c), (d). Pub. L. 104-134 added subsecs. (c) and (d).
