Joint resolution to approve the "Covenant to Establish a Commonwealth of Northern Mariana Islands in Political Union With the United States of America", and for other purposes.
PL 94-241 (H.J.Res.549), enacted 03/24/1976

PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 263 
Public Law 94-241 
94th Congress 
Joint Resolution 
To approve the "Covenant To Establish a Commonwealth of the Northern 
JIariana Islands in Polilical Union with the United States of America", and 
for other purposes. 
Whereas the United States is the administering authority of the 
Trust Territory of the Pacific Islands under the terms of the 
trusteeship agreemojit 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 agree-
ment 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 nego-
tiations with representatives of the people of the Northern 
Mariana Islands; and 
Whereas, on February 15,1975, a "Covenant to Establish A Common-
wealth of the Northern Mariana Islands in Political Union with 
the United States of America" was signed by the Marianas Politi-
cal Status Commission for the people of the Northern Mariana 
Islands and by the President's Personal Representative, Ambas-
sador 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: Now be it 
Resolved 
hy the Seriate and House of Representatives 
of the 
United 
States of America in Congress ay.serribled^ That the Covenant to Estab-
lish 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. 
"COVENANT 
To 
ESTABLISH A COMMONWEALTH 
OF THE 
NORTHERN 
MARIANA ISLANDS IN POLITICAL U N I O N W I T H 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 
Mar. 
[HJ. 
24, 
Res 
1976 
549] 
48 use 1681 
note. 
Covenant to 
Establish a 
Commonwealth 
of the Northern 
Mariana Islands 
in Political Union 
with the United 
States of 
America. 
Congressional 
approval. 
48 u s e 1681 
note. 
90 STAT. 264 
PUBLIC LAW 94-241—MAR. 24, 1976 
"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 govern-
ment by the consent of the governed, individual freedom and democ-
racy; 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 INIarianas 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 estab-
lish a self-governing commonwealth for the Northern Mariang, Islands 
within the American political system and to define the future relation-
ship 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 
"SECTioisr 101. The Northern Mariana Islands upon termination of 
the Trusteeship Agreement will become a self-governing common-
wealth 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 accord-
ance 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, I I and I I I 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. 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 265 
"ARTICLE 
I I 
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 Consti-
tution pursuant to the procedures pixjvided therein. 
"SECTION 202. The Constitution will be submitted to the Govern-
ment 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 Govern-
ment of the United States unless earlier approved or disapproved. 
If disapproved the Constitution will be returned and will be resub-
mitted in accordance with this Section. Amendments to the Constitu-
tion 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 subse-
quent 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 populai'ly 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 Maria,na 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 estab-
lished by the Constitution or laws of the United States does not have 
exclusive jurisdiction. 
"SECTION 204. All members of the legislature of the Northern Mari-
ana 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. 
Submittal to U.S. 
for approval. 
"ARTICLE 
III 
" C I T I Z E N S H I P A N D 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 
90 STAT. 266 
PUBLIC LAW 94-241—MAR. 24, 1976 
declared to be citizens of the United States, except as otherwise pro-
vided 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 Tmst Territory of the 
Pacific Islands on the day preceding the effective date of this Sec-
tion, who have been domiciled continuously in the Northern Mari-
ana 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 elec-
tion 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 eft'ective date of this Section, who, although 
not citizens of the Trust Tei ritory 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 declara-
tion 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. 
"ARIICLE 
IV 
u 
District Court for 
the Northern 
Mariana Islands. 
Establishment 
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 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 267 
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 pro-
vide. 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 IMariana 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 pertain-
mg 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 
u 
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 USC prec. title 1. 
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; Amend-
ments 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 amend-
ments to the Constitution of the United States, which do not apply of 
their own force within the Northern Mariana Islands, will be appli-
cable 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 
TJnited States to consent to Sections 203, 506 and 805 and the proviso 
in Subsection (a) of this Section. 
90 STAT. 268 
PUBLIC LAW 94-241—MAR. 24, 1976 
42 use 428, 
1381. 
42 use 201 note. 
50 use app. 
2018. 
29 use 206. 
eommission on 
Federal Laws. 
Membership. 
Reports to 
eongress. 
"SECTION 502. (a) The following laws of the United States in 
existence on the effective date of this Section and subsequent amend-
ments 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 I I and Title X V I 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 INIicrone-
sian 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 appli-
cable to the Northern Mariana Islands, as they apply to the Trust 
Territory of the Pacific Islands until termination of the Trustee-
ship 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 Govern-
ment 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 immigra-
tion and naturalization laws of the United States; 
"(b) except as otherwise provided in Subsection (b) of Sec-
tion 502, the coastwise laws of the United States and any prohi-
bition 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 recom-
mendations 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 pei-sons (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 con-
tinuously in the Northern Mariana Islands at the time of their appoint-
ments) who will be representative of the federal, local, piivate 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 oue year after the ter-
mination of the Trusteeship Agreement, and before tliat time will 
make such interim reports and recommendations to the Congress as it 
considei-s appropriate to facilitate the transition of the Northern Mari-
ana Islands to its new political status. In formulating its recommenda-
tions the Commission will take into consideration the potential effect 
of each law on local conditions within the Northern Mariana Islands, 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 269 
8 u s e 1101 note. 
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 pur-
poses 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 8 USC 1101 
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 8 USC 1421 
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. 
8 USC 1401, 
1408. 
"Immediate 
relatives." 
8 USC 1151. 
"ARTICLE 
VI 
u 
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 terri-
torial 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 indiAddual who is a citizen or a resident of the United 
States, of Guam, or of the Northern Mariana Islands (including a 
90 STAT. 270 
PUBLIC LAW 94-241—MAR. 24, 1976 
Additional taxes 
levied by Island 
government. 
U.S. property 
exclusion from 
customs duties. 
50USCapp.501. 
Northern 
Mariana Islands 
Social Security 
Retirement Fund, 
transfer to U.S. 
Treasury. 
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) Eeferences in the Internal Revenue Code to Guam will be 
deemed also to refer to the Northern Mariana Islands, where not other-
wise 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 terri-
torial 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 INIariana 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 INIariana 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 cus-
toms duties on the property of the United States or on the personal 
property of military or civilian personnel of the United States Govern-
ment or their dependents entering or leaving the Northern Mariana 
Islands pursuant to their contract of employment or orders assign-
ing 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 Retire-
ment Fund attributable to the Northern Mariana Islands will be trans-
ferred to the Treasury of the United States, to be held in trust as a 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 271 
separate fund to be known as the 'Northern Mariana Islands Social 
Security Ketirement Fund'. This fund will be administered by the Administration, 
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 differ-
ences between the social security laAvs 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 
i-eceived from the Trust Territory Social Security Retirement Fund 
under the laws applicable thei'eto on the day preceding the establish-
ment 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 S^^stem will upon termination of the 
Trusteeship Agreement or such earlier date as may be agreed to by 
the Government of the Northern Mariana Islands and the Govern-
ment of the United States becom.e applicable to the Northern Mariana 
Islands as they apply to Guam. 
"(c) At such time as the laws described in Subsection (b) become 
applicable to the Northern IMariana Islands: 
"(1) the Northern JNIariana 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 North-
ern Mariana Islands will not lose their entitlement and will be 
eliofible 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 bv 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. 
Bonds and other 
obligations, 
exemption. 
89-194 0—78—pt. 1 
21 
90 STAT. 272 
PUBLIC LAW 94-241—MAR. 24, 1976 
Seven year grant 
assistance, 
appropriation 
authorization. 
rjo 
Federal programs 
and services 
availability. 
26 use 1401, 
3101. 
"ARTICLE VII 
" U N I T E D STATES riNANCIAIi 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 opera-
tions, 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 coopera-
tives, 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 pro-
vided under Section 702 will be considered to be local revenues of 
the Government of the Northern Mariana Islands when used as the 
local share required to obtain federal programs and services. 
"(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 North-
em 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 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 273 
during any fiscal year will remain available for obligation or expendi-
ture 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 whicli 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 
Pro-rata share, 
appropriation 
authorization. 
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, 
ho 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 Faiullon 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 Govern-
ment of the United States for a term of fifty years, and the Gov-
ernment of the United States will have the option of renewing this 
lease for all or part of such propeity for an additional term of fifty 
years if it so desires at the end of the first term. 
Leased property, 
U.S. defense 
purposes. 
90 STAT. 274 
PUBLIC LAW 94-241—MAR. 24, 1976 
Technical 
Agreement 
Regarding Use of 
Land To Be 
Leased by the 
U.S. 
"(b) The Government of the United States will pay to the Govern-
ment 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 f 
ix>m the date of sign-
ing 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 teiins 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 Mari-
ana 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 avail-
able 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 develop-
ment 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 Sec-
tion. 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 North-
ern Mariana Islands will assure the Government of the United States 
the continued use of the real property then actively used by the Gov-
ernment of the United States for civilian governmental purposes on 
terms comparable to those enjoyed by the Government of the United 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 275 
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 air-
craft 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 sub-
stantial, 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. 
"SECTIOX 805. Except as otherwise provided in this Article, and 
notwithstanding the other provisions of this Covenant, or those pro-
visions 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 owner-
ship of land for the culture and traditions of the people of the North-
ern 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 aliena-
tion 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 Gov-
ernment 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 nego-
tiated 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 witlim 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. 
Isely Field 
facilities, 
availability to 
U.S. 
Landholding 
restrictions. 
Power of eminent 
domain. 
u s e prec. title 1. 
90 STAT. 276 
PUBLIC LAW 94-241—MAR. 24, 1976 
"ARTICLE 
I X 
a 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 reco^ition 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 certifi-
cate of selection from the Governor. The Represenative must be a 
citizen and resident of the Northern Mariana Islands, at least twenty-
S 
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 Govern-
ment of the Northern Mariana Islands will consult regularly on all 
Special 
matters affecting the relationship between them. At the request of 
representatives, 
either Government, and not less irequently than every ten years, the 
report. 
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 desig-
nated by either Government and to make a report and recommenda-
tions 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 estab-
lished by the Constitution or laws of the United States. It is intended 
that any such cases or controversies will be justiciable in such courts 
and that the undertakings by the Government of the United States 
and by the Government of the Northern Mariana Islands provided for 
in this Covenant will be enforceable in such courts. 
"SECTION 904. (a) The Government of the United States will give 
sympathetic consideration to the views of the Grovernment 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 oppor-
tunities are provided to any other territory or possession under com-
parable circumstances. 
Promotion of 
" (b) The United States will assist and facilitate the establishment 
local tourism. 
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. 
•-u 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 277 
"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 sub-
mitted 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 teimination of the Trusteeship Agree-
ment, 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 establish-
ment of the Commonwealth of the Northern Mariana Islands. 
"SECTION 1004. (a) The application of any provision of the Consti-
tution or laws of the United States which would otherwise apply to the 
Northern Mariana Islands may be suspended until tennination of the 
Trusteeship Agreement if the President finds and declares that the 
application of such provision prior to termination would be incon-
sistent 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 provi-
sions 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 incon-
sistent with the Trusteeship Agreement such provision will be ineffec-
Covenant 
approval by U.S. 
Trusteeship 
Agreement 
termination; 
establishment of 
Commonwealth, 
proclamation. 
Effective dates. 
Constitution of 
the Northern 
Mariana Islands, 
effective date. 
90 STAT. 278 
PUBLIC LAW 94-241—MAR. 24, 1976 
tive 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. 
Definitions. 
"SECTION 1005. As used in this Covenant: 
"(a) 'Trusteeship Agreement' means the Trusteeship Agree-
ment 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° north latitude, 
south of 21° north latitude, west of 150° east longitude and east 
of 144° east longitude; 
• " 
" (c) 'Government of the Northern Mariana Islands' includes, 
as appropriate, the Government of the 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 Feb-
ruary, 1975. 
"For the people of the Northern Mariana Islands: 
EDWARD D L G . PANGELINAN, 
Chairman, Marianas 
Political Status Commission. 
VICENTE N . SANTOS. 
Vice Chairman, Marianas 
Political Status Commission. 
"For the United States of America: 
Ambassador F. HATDN WILLIAMS, 
Personal Representative of the 
President of the United States. 
"Members of the Marianas Political Status Commission: 
JUAN L G . CABRERA. 
VICENTE T. CAMACHO. 
JosE R. CRUZ. 
BERNARD V. HOFSCIINEIDER. 
BENJAMIN T . MANGLONA. 
DANIEL T . MUNA, 
Dr. FRANCISCO T . PALACIOS. 
JOAQUIN I. PANGELINAN. 
MANUEL A. SABLAN. 
I 
^ 
JOANNES B . TAIMANAO. 
PEDRO A. TENORIO." 
PUBLIC LAW 94-241—MAR. 24, 1976 
90 STAT. 279 
SEC. 2. It is the sense of the Congress that pui-suant to section 902 Special 
of the foregoing Covenant, and in any case within ten years from the representatives, 
date of the enactment of this resolution, the President of the United appointment by 
States should request, on behalf of the United States, the designation {jcin "ggg^^*^'^ 
of special representatives to meet and to consider in good faith such ^ usc'^i^^i 
issues affecting the relationship between the Northern INIariana Islands ^^^^^ 
and the United States as may be designated by either Government and 
to make a report and recommendations with respect thereto. 
Approved March 24, 1976. 
LEGISLATIVE HISTORY; 
HOUSE REPORT No. 94-364 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 94-433 (Comm. on Interior and Insular Affairs) and No. 
94-596 (Committees on Foreign Relations and Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): July 21, considered and passed House. 
Vol. 122 (1976): Feb. 24, considered and passed Senate, amended. 
Mar. 11, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 13 (1976): Mar. 24, Presidential statement.