An act to authorize $15,500,000 for capital improvement projects on Guam, and for other purposes.
PL 98-213 (S.589), enacted 12/08/1983

PUBLIC LAW 98-213—DEC. 8, 1983 
97 STAT. 1459 
Public Law 98-213 
98th Congress 
An Act 
To authorize $15,500,000 for capital improvement projects on Guam, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 1(a)(1) 
of PubUc Law 95-348 (92 Stat. 487) as amended by Public Law 
97-357 (96 Stat. 1705) is amended by deleting the word "and" where 
it last appears, and inserting after the words "fiscal year 1983," the 
words "and effective October 1,1983, $15,500,000,". 
SEC. 2. Funds authorized to be appropriated for the construction of 
a hydroelectric facility in Ponape pursuant to section 101 of Public 
Law 96-205 (94 Stat. 84), as amended, may be appropriated directly 
to the Secretary of the Army for expenditure by the Chief of 
Engineers on such construction. 
SEC. 3. (a) Section 205(a) of Public Law 96-205, as amended by 
Public Law 96-597, is further amended by changing "1983." to 
"1985.". 
(b) Section 205(c) of Public Law 96-205 (94 Stat. 87) is amended to 
read as follows: "As provided in section 602 of Public Law 94-241 (90 
Stat. 263, 270) the term 'rebate of any taxes' shall, effective January 
1, 1985, apply only to the extent taxes have actually been paid 
pursuant to section 601 of said Act, shall not exceed the amount of 
tax actually paid for any tax year, and may only be paid following 
the close of the tax year involved. Notwithstanding any other 
provision of law, effective January 1, 1985, the Commonwealth of 
the Northern Mariana Islands shall maintain, as a matter of public 
record, the name and address of each person receiving such a rebate, 
together with the amount of the rebate, and the year for which such 
rebate was made.". 
(c) The Secretary of the Interior and the Governor of the Common-
wealth of the Northern Mariana Islands shall each submit a report 
to the Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Re-
sources of the Senate on any efforts to develop any needed modifica-
tion of the income tax rates required by sections 601 and 602 of the 
Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union With the United States of America ap-
proved by Public Law 94-241 (90 Stat. 263, 269-270) to enforce such 
sections. The initial report shall be transmitted not later than 
January 1, 1984, with subsequent reports to be transmitted every 
three months thereafter until January 1,1985. The reports shall set 
forth the precise objectives of both the Commonwealth government 
and the administration, any areas of difference, the modifications 
under consideration, and what progress has been made to resolve 
any differences and implement the provisions of sections 601 and 
602. 
Dec. 8, 1983 
[S. 589] 
Guam, capital 
improvement 
projects. 
48 u s e 1681 
note. 
48 u s e 1681 
note. 
Rebate of any 
taxes. 
48 u s e 1681 
note. 
Effective date. 
Reports to 
congressional 
committees. 
48 u s e 1681 
note. 
Objectives. 
97 STAT. 1460 
PUBLIC LAW 98-213—DEC. 8, 1983 
48 u s e 1574b. 
48 u s e 1423. 
26 u s e 7652. 
48 u s e 1561. 
48 u s e 1469a. 
48 u s e 1492. 
Health care 
program. 
Marshall 
Islands. 
48 u s e 1681 
note. 
Notification to 
congressional 
committees. 
Budget and 
program 
description, 
submittal to 
congressional 
committees. 
SEC. 4. (a) Section 303 of Public Law 97-357 (96 Stat. 1705,1709) is 
amended by deleting "grants to" and inserting in lieu thereof 
"grants or loans to". 
(b) Public Law 94-392 (48 U.S.C. 1574(b)), as amended, is hereby 
further amended by— 
(1) deleting the semicolon in section 2(b)(1) and adding the 
following: ", except that $28,000,000 of the guaranteed bonding 
authority will be used for water producing and power projects, 
including maintenance and overhaul of electrical generating 
and distribution mechanisms, and $12,000,000 of the guaranteed 
bonding authority will be used for repair and improvements of 
the water distribution and storage systems;"; and 
(2) in section 2(f), strike "$61,000,000" and insert in lieu 
thereof "$101,000,000" and in each place where it occurs, strike 
"1984" and insert in lieu thereof "1990". 
SEC. 5. (a) Section 29 of the Revised Organic Act of the Virgin 
Islands (68 Stat. 509; 48 U.S.C. 1543) is amended to read as follows: 
"SEC. 29. All members of the Legislature of the Virgin Islands, the 
Governor, the Lieutenant Governor, all judges and all officials of the 
government of the Virgin Islands who rejport directly to the Gover-
nor shall be citizens of the United States.'. 
(b) Subsection (c) of section 10 of the Organic Act of Guam is 
further amended by deleting all through "Provided, That any" and 
inserting in lieu thereof "Any". 
(c) Section 1906(aX55) of the Act of October 4, 1976 (90 Stat. 1832), 
is amended as follows: 
(1) in paragraph (B) change the language to be inserted to 
read "emergency relief purposes and essential public projects"; 
and 
(2) add the following new paragraph (D) to read as follows: 
"(D) by amending the second sentence in paragraph (A) 
by changing the colon after 'determine' to a period and 
striking the remainder of the sentences.". 
(d) Section 3 of the Revised Organic Act of the Virgin Islands (68 
Stat. 498), as amended, is further amended by inserting "article VI, 
clause 3;" after "article IV, section 1 and section 2, clause 1;" and 
before "the first to ninth amendments". 
SEC. 6. Section 501(d), of Public Law 95-134 (91 Stat. 1159,1164), as 
amended, is amended by changing "$100,000" to "$200,000". 
SEC. 7. Section 604(d) of Public Law 96-597 (94 Stat. 3477, 3481) is 
amended by inserting before the period "and may implement anv 
projects or programs contained in recommendations of the plan'. 
SEC. 8. The Secretary of the Interior is directed to implement the 
health care program required by section 106 of Public Law 95-134 
(91 Stat. 1159) for the populations of the four atolls in the Marshall 
Islands identified in such section immediately upon enactment of 
this section and shall promptly notify the Committee on Interior 
and Insular Affairs and the Committee on Appropriations of the 
House of Representatives and the Committee on Energy and Natu-
ral Resources and the Committee on Appropriations of the Senate if 
he finds that the populations of other atolls should be included in 
the program setting forth the basis for his finding and the estimated 
cost of extension of the program. The Secretary of Energy shall 
transmit annually to the Committees on Interior and Insular Affairs 
and Appropriations of the House of Representatives and the Com-
mittees on Energy and Natural Resources and Appropriations of the 
Senate together with the proposed budget for the next fiscal year, a 
PUBLIC LAW 98-213—DEC. 8, 1983 
97 STAT. 1461 
description of the program and the estimated costs for implementa-
tion together with any recommendations which he may have for 
improvements in such program. 
SEC. 9. Subsection (b) of section 606 of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union 
With the United States of America, approved by Public Law 94-241, 
is amended by striking out "upon termination of the Trusteeship 
Agreement or" and inserting in lieu thereof "on January 1 of the 
first calendar year following the termination of the Trusteeship 
Agreement or upon". 
SEC. 10. Section 419(aX2) of the Act of August 23, 1958 (72 Stat. 
731, as amended, 49 U.S.C. 1389(aX2)), is amended by adding at the 
end thereof the following new subparagraph: 
"(D) The Board may, after considering the views of any 
interested community, the territory of Guam and appropriate 
Federal agencies, determine what is the essential air transpor-
tation for Guam without regard to whether it is being served by 
more than one air carrier holding a certificate issued under 
section 401 of this title.". 
SEC. 11. Title III of the Clean Air Act is amended by inserting 
after section 324 the following new section and renumbering suc-
ceeding sections accordingly: 
48 u s e 1681 
note. 
49 u s e app. 
1389. 
49 u s e app. 
1371. 
42 u s e 7625a, 
7626. 
EXEMPTIONS FOR CERTAIN TERRITORIES 
"SEC. 325. (aXD Upon petition by the governor of Guam, American 
Samoa, or the Commonwealth of the Northern Mariana Islands, the 
Administrator is authorized to exempt any person or source or cl£iss 
of persons or sources in such territory from any requirement under 
this Act other than section 112 or any requirement under section 
110 or part D necessary to attain or maintain a national primary 
ambient air quality standard. Such exemption may be granted if the 
Administrator finds that compliance with such requirement is not 
feasible or is unreasonable due to unique geographical, meteorologi-
cal, or economic factors of such territory, or such other local factors 
as the Administrator deems significant. Any such petition shall be 
considered in accordance with section 307(d) and any exemption 
under this subsection shall be considered final action by the Admin-
istrator for the purposes of section 307(b). 
"(2) The Administrator shall promptly notify the Committees on 
Energy and Commerce and on Interior and Insular Affairs of the 
House of Representatives and the Committees on Environment and 
Public Worl^ and on Energy and Natural Resources of the Senate 
upon receipt of any petition under this subsection and of the 
approval or rejection of such petition and the basis for such action. 
'(b) Notwithstanding any other provision of this Act, any fossil 
fuel fired steam electric power plant operating within Guam £is of 
the date of enactment of this section is hereby exempted from: 
"(1) any requirement of the new source performance stand-
ards relating to sulfur dioxide promulgated under section 111 as 
of such date of enactment; and 
"(2) any regulation relating to sulfur dioxide standards or 
limitations contained in a State implementation plan approved 
under section 110 as of such date of enactment: Provided, That 
such exemption shall expire eighteen months after such date of 
enactment unless the Administrator determines that such plant 
is making all emissions reductions practicable to prevent 
42 u s e 7625-1. 
42 u s e 7412. 
42 u s e 7410, 
7501. 
42 u s e 7607. 
Notification to 
congressional 
committees. 
42 u s e 7411. 
Expiration date. 
42 u s e 7410. 
97 STAT. 1462 
PUBLIC LAW 98-213—DEC. 8, 1983 
42 use 1662a. 
3CFR, 
1949-1953 
Comp., p. 765. 
48 use 1681 
note. 
Appropriation 
authorization. 
Studies. 
7 use 1446 note. 
7 use 1446. 
"Territory." 
Repeals. 
48 use 1469-1. 
48 use 1488. 
exceedances of the national ambient air quality standards for 
sulfur dioxide.". 
SEC. 12. Amendments of, or modifications to, the constitution of 
American Samoa, as approved by the Secretary of the Interior 
pursuant to Executive Order 10264 as in effect January 1,1983, may 
be made only by Act of Congress. 
SEC. 13. (a) The Secretary of the Army, acting through the Chief of 
Engineers and in cooperation with the Commonwealth of the North-
ern Mariana Islands, is hereby authorized and directed to study and 
draft plans for development, utilization, and conservation of water 
and related land resources of the Commonwealth. To carry out the 
purposes of this section there are authorized to be appropriated 
effective October 1,1983, such sums as may be necessary. 
(b) Such studies shall include appropriate consideration of the 
needs for flood protection; wise use of flood plain lands; navigation 
facilities; hydroelectric power generation; regional water supply and 
waste water management facilities systems; general recreational 
facilities; enhancement and control of water quality; enhancement 
and conservation of fish and wildlife; and other measures for envi-
ronment improvement and economic and human resources develop-
ment. Such studies shall also be compatible with comprehensive 
development plans formulated by local planning agencies and other 
interested Federal agencies. 
SEC. 14. Effective with respect to milk marketed for commercial 
use during the period beginning on December 1,1983 and ending on 
May 31,1984, paragraphs (2) and (3) of section 201(d) of the Agricul-
tural Act of 1949 shall apply only to milk produced in the forty-eight 
contiguous States. 
SEC. 15. (a) Section 1839 of the Revised Statutes (48 U.S.C. 1451) is 
amended by adding at the end thereof: "As used herein, the term 
'Territory' does not include the Virgin Islands, Puerto Rico, Ameri-
can Samoa, Guam, or the Northern Mariana Islands.". 
(b) Section 1840 of the Revised Statutes (48 U.S.C. 1452) is 
amended by adding at the end thereof: "As used herein, the term 
'Territory' does not include the Virgin Islands, Puerto Rico, Ameri-
can Samoa, Guam, or the Northern Mariana Islands.". 
SEC. 16. The following provisions of law are repealed: 
(a) That portion of section 1 of the Legislative, Executive, and 
Judicial Appropriation Act for the fiscal year 1916 (March 5,1915, c. 
141, Sec. 1, 38 Stat. 1021) which reads as follows: "Hereafter, the 
accounts and vouchers relating to the expenditure of the appropri-
ations for government in the Territories shall be transmitted to the 
Secretary of the Interior for administrative examination and by him 
passed to the Auditor for the Interior Department for settlement."; 
(b) Chapter 56 of the Act of April 16,1880 (21 Stat. 74); 
(c) Section 1841 of the Revised Statutes (48 U.S.C. 1453); 
(d) Section 1873 of the Revised Statutes (48 U.S.C. 1453a); 
(e) Section 1843 of the Revised Statutes (48 U.S.C. 1454); 
(f) Section 1844 of the Revised Statutes (48 U.S.C. 1455); 
(g) Section 1855 of the Revised Statutes (48 U.S.C. 1457); 
(h) Section 1857 of the Revised Statutes (48 U.S.C. 1458); 
(i) Section 1858 of the Revised Statutes (48 U.S.C. 1459); 
(j) Section 1860 of the Revised Statutes, as amended (48 U.S.C. 
1460); 
PUBLIC LAW 98-213—DEC. 8, 1983 
97 STAT. 1463 
(k) Section 1854 of the Revised Statutes, as amended (48 U.S.C. 
1460a); 
(1) Section 8 of the Act of March 22,1882 (22 Stat. 31); 
48 use 1461. 
(m) Section 1 of the Act of June 19,1878 (20 Stat. 193); 
48 use 1462. 
(n) Section 1868 of the Revised Statutes (48 U.S.C. 1463); 
(o) Section 1864 of the Revised Statutes (48 U.S.C. 1463a); 
(p) Section 1 of the Act of April 7,1874 (18 Stat. 27); 
48 USC 1464. 
(q) Section 1878 of the Revised Statutes (48 U.S.C. 1465); 
(r) That portion of chapter 88 of the Act of May 1, 1876 (19 Stat. 48 USC 1466. 
43), which reads as follows: "And hereafter payment of salaries of all 
officers of the Territories of the United States appointed by the 
President shall commence only when the person appointed to any 
such office shall take the proper oath, and shall enter upon the 
duties of such office in such Territory; and said oath shall hereafter 
be administered in the Territory in which such office is held."; 
(s) Section 1883 of the Revised Statutes (48 U.S.C. 1467); 
(t) Section 1884 of the Revised Statutes (48 U.S.C. 1468), as 
amended by section 304 of chapter 18 of the Act of June 10, 1921 (42 
Stat. 24); 
(u) Section 1886 of the Revised Statutes (48 U.S.C. 1469), as 
amended by section 304 of chapter 18 of the Act of June 10, 1921 (42 
' Stat. 24); 
; (v) Section 1888 of the Revised Statutes (48 U.S.C. 1470); 
(w) Section 1 of chapter 818 of the Act of July 30, 1886 (24 Stat. 48 use 1471. 
170); 
(x) Section 4 of chapter 818 of the Act of July 30, 1868 (24 Stat. 48 use 1472. 
171), as amended by chapter 43 of the Act of August 22, 1911 (37 
Stat. 33); 
(y) Section 3 of chapter 818 of the Act of July 30, 1886 (24 Stat. 48 USC 1473. 
171); 
(z) Section 2 of chapter 679 of the Act of July 19, 1888 (25 Stat. 48 USC 1474. 
336); 
(aa) Section 2 of chapter 818 of the Act of July 30, 1886 (24 Stat. 48 USC 1475. 
171); 
(bb) Chapter 35 of the Act of March 4,1898 (30 Stat. 252); 
48 use 1476. 
(cc) Chapter 820 of the Act of June 6,1900 (31 Stat. 683); 
48 USC 1477. 
(dd) Section 6 of chapter 818 of the Act of July 30, 1886 (24 Stat. 48 USC 1478. 
171); 
(ee) Section 7 of chapter 818 of the Act of July 30, 1886 (24 Stat. 48 USC 1479. 
171); 
(ff) Chapter 235 of the Act of June 16,1880 (21 Stat. 277); 
48 USC 1481. 
(gg) Section 1892 of the Revised Statutes (48 U.S.C. 1482); 
(hh) Section 1893 of the Revised Statutes (48 U.S.C. 1483); 
(ii) Section 1894 of the Revised Statutes (48 U.S.C. 1484); 
(ij) Section 1895 of the Revised Statutes (48 U.S.C. 1485); and 
(kk) Chapter 388 of the Act of June 22, 1874 (18 Stat. 135). 48 USC 1487. 
SEC. 17. No provision of law prohibiting the payment of compensa- Compensation or 
tion to, or employment of, any person not a citizen of the United employment. 
States of America by the United States of America shall bar the ^^J^^^ ^^^^ 
United States of America from paying compensation to or employ- ^° ' 
ing any citizen of the Northern Mariana Islands. 
SEC. 18. No requirement of United States citizenship in any 48 USC 1681 
Federal law which provides Federal services or financial assistance note. 
and which is applicable to the Northern Mariana Islands by oper 
ation of section 502(aXl) of the Covenant or, if enacted subsequent to 48 USC 1681 
March 24, 1976, by its own terms shall bar a citizen of the Northern ^°^-
97 STAT. 1464 
PUBLIC LAW 98-213—DEC. 8, 1983 
Citizenship or 
nationality 
requirement. 
48 use 1681 
note. 
48 use 1681 
note. 
Proclamations, 
issuan^. _ 
48 u s e 1681 
note. 
48 use 1681 
note. 
48 use 1681 
note. 
Mariana Islands from receiving services or assistance pursuant to 
such law. 
SEC. 19. (a) The President may, subject to the provisions of section 
20 of this Act, by proclamation provide that the requirement of 
United States citizenship or nationality provided for in any of the 
statutes listed on pages 63-74 of the Interim Report of the Northern 
Mariana Islands Commission on Federal Laws to the Congress of the 
United States, dated January 1982 and submitted pursuant to sec-
tion 504 of the Covenant, shall not be applicable to the citizens of 
the Northern Mariana Islands. The President is authorized to cor-
rect clerical errors in the list, and to add to it provisions, where it 
appears from the context that they were inadvertently omitted from 
the list. 
(b) A statute which denies a benefit or imposes a burden or a 
disability on an alien, his dependents, or his survivors shall, for the 
purposes of this Act, be considered to impose a requirement of 
United States citizenship or nationality. 
SEC. 20. (a) The President may issue one or more proclamations 
under the authority of this Act. 
(b) When issuing such proclamation or proclamations the 
President— 
(1) shall take into account: 
(i) the hardship suffered by the citizens of the Northern 
Mariana Islands resulting from the fact that, while they are 
subject to most of the laws of the United States, they are 
denied the benefit of those laws which contain a require-
ment of United States citizenship or nationality; 
(ii) the responsibilities, obligations, and limitations im-
posed upon the United States by international law; 
(2) may make the requirement of United States citizenship or 
nationality inapplicable only to those citizens of the Northern 
Mariana Islands who declare in writing that they do not intend 
to exercise their option under section 302 of the Covenant to 
become a national but not a citizen of the United States; 
(3) may make the requirement of a United States citizenship 
or nationality inapplicable only in the Northern Mariana 
Islands; 
(4) may retain the requirement of United States citizenship or 
nationality with respect to parts of a statute or portion thereof. 
SEC. 21. If the President does not issue any proclamation author-
ized by section 19 of this Act within a period of six months following 
the effective date of the Act, 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 North-
ern Mariana Islands by the terms of that statute or by operation of 
the Covenant shall not be applicable to citizens of the Northern 
Mariana Islands: Provided, That the provisions of this section shall 
not be applicable to any requirements of United States citizenship or 
nationality contained in statutes relating to the political rights of 
citizenship, and to the diplomatic protection of, and services to, 
citizens or nationals of the United States in foreign countries: 
PUBLIC LAW 98-213—DEC. 8, 1983 
97 STAT. 1465 
Provided further, That with respect to the statutes relating to the 
uniformed services, the requirement of United States citizenship or 
nationality shall remain in effect, except with respect to those 
citizens of the Northern Mariana Islands who declare in writing 
that they do not intend to exercise their option under section 302 of 
the Covenant to become a national but not a citizen of the United 
States. 
SEC. 22. Nothing in this Act shall be construed as extending to the 
Northern Mariana Islands any statutory provision or regulation not 
otherwise applicable to or within the Northern Mariana Islands, in 
particular the statutes relating to immigration and nationality and 
the regulations issued under them. 
SEC. 23. The authority of the President to issue proclamations 
under section 19 of this Act shall terminate upon the establishment 
of the Commonwealth of the Northern Mariana Islands pursuant to 
section 1002 of the Covenant. Section 21 of this Act shall not become 
effective if the Commonwealth of the Northern Mariana Islands is 
established within the period of six months following the effective 
date of this Act. 
SEC. 24. As used in this Act: 
(a) "Covenant" means the Covenant to Establish a Commonwealth 
of the Northern Mariana Islands in Political Union With the United 
States of America, approved by the Joint Resolution of March 24, 
1976 (90 Stat. 263, 48 U.S.C. 1681, note). 
(b) "Citizen of the Northern Mariana Islands" means a citizen of 
the Trust Territory of the Pacific Islands and his or her children 
under the age of eighteen years, who does not owe allegiance to any 
foreign state, and who— 
(1) was born in the Northern Mariana Islands and is 
physically present in the Northern Mariana Islands or in the 
United States or any territory or possession thereof; or 
(2) has been lawfully and continuously domiciled in the 
Northern Mariana Islands since January 1, 1974, and, who, 
unless then under age, was registered to vote in an election for 
the Mariana Islands legislature or for any municipal election in 
the Northern Mariana Islands prior to January 1,1975. 
(c) "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. 
48 use 1681 
note. 
48 use 1681 
note. 
Proclamation 
issuance, 
termination. 
48 use 1681 
note. 
48 use 1681 
note. 
48 use 1681 
note. 
Definitions. 
97 STAT. 1466 
PUBLIC LAW 98-213—DEC. 8, 1983 
48 use 1681 
SEC. 25. Upon the establishment of the Commonwealth of the 
"°*®- 
Northern Mariana Islands pursuant to section 1002 of the Covenant, 
the benefits acquired under this Act shall merge without interrup-
tion into those to which the recipient is entitled by virtue of his 
acquisition of United States citizenship, unless the recipient exer-
cises his privilege under section 302 of the Covenant to become a 
national but not a citizen of the United States. 
Approved December 8, 1983. 
LEGISLATIVE HISTORY—S. 589: 
HOUSE REPORT No. 98-174 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 98-46 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Apr. 7, considered and passed Senate. 
Oct. 3, considered and passed House, amended. 
Nov. 17, Senate concurred in House amendment with amendments. 
Nov. 18, House concurred in Senate amendments.