Title 2, Natural Resources

Powers and Duties. (a) The Administrator of the Bureau of Environmental and Coastal Quality is charged with the responsibility of administering the programs and provisions of this chapter. (b) The Commonwealth Superior Court shall have jurisdiction over violations of this chapter…

Prohibited Activities. It shall be unlawful for any person to litter upon property owned by another or upon the public property of the Commonwealth, or in any waters of the Commonwealth. Source: PL 6-37, § 5; amended by PL 19-53 § 4 (July 15, 2016).

Enforcement. Any person apprehended for violation of any of the above prohibitions shall be served by the apprehending officer with a citation and an order to appear at the traffic division of the Commonwealth Superior Court for disposition of the infraction. Parents or legal gua…

Annual Report. Within 12 months from September 8, 1989, and biennially thereafter, the Administrator of BECQ shall submit to the legislature, a report summarizing the actions taken under this chapter, and the effectiveness of such actions and such information and recommendations,…

Penalties. (a) A person found to have committed the offense of littering, an infraction, shall be punished by a fine of not less than $25 and not more than $5,000. Additionally, any person, business, corporation, association, partnership, or sole proprietorship or any other entit…

Fees, Rules, Regulations, and Penalties. The Bureau of Environmental and Coastal Quality in collaboration with the Department of Public Safety, Department of Finance, Division of Coastal Resource Management, Department of Lands and Natural Resources, Department of Commerce, Mayor…

Title. This Act shall be known and shall be cited as the “Mortgage Credit Certificate Program.” Source: PL 12-68, § 2, modified. Commission Comment: PL 12-68, which became effective on October 19, 2001, contained the following legislative findings and purpose, severability, and s…

Definitions. For purposes of this Act, the following words and phrases are defined to mean: (a) “CNMI” means the Commonwealth of the Northern Mariana Islands. (b) “NMHC” means Northern Mariana Housing Corporation. (c) “IRS” means the United States Government Internal Revenue Serv…

Mortgage Credit Certificate Program. (a) NMHC. There is hereby established within the Northern Mariana Housing Corporation (NMHC) a Mortgage Credit Certificate Program (Credit Program). The expectation of the Credit Program is to provide assistance to qualified and eligible first…

Rules, Regulations and Limitations. NMHC shall promulgate the necessary rules and regulations with regard to implementing the Mortgage Credit Certificate Program and NMHC’s participation with any financial institution, currently licensed and actively doing business in the CNMI. T…

NMHC: Established. (a) There is in the Commonwealth government a public and corporate body known as the Northern Mariana Housing Corporation (“NMHC”). (b) The area of operation of NMHC shall be the total area within the jurisdiction of the Commonwealth government. (c) The Norther…

Declaration of Purpose. (a) It is hereby declared: (1) That there exists in the Commonwealth unsanitary, unsafe, and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of lo…

Definitions. In this chapter, unless the context otherwise requires, the following definitions apply: (a) “Board” means the Board of Directors of the Northern Mariana Housing Corporation. (b) “Commonwealth government” means the body politic established by the Covenant to Establis…

Board of Directors: Membership. (a) The affairs of NMHC shall be managed by a board composed of five persons; three of whom shall be residents of Saipan; one each shall be residents of Rota and Tinian; and two members of the five shall be from the private sector. (b) The board me…

Board of Directors: Tenure. The term of office shall be four years and staggered when the board is first established. One member’s term shall expire in one year, another to expire in two years, a third to expire in three years, and the last two in four years, except that in the c…

Board of Directors: Chairman; Other Officers. The Governor shall name one of the directors as chairman of the board. The board shall elect from among its members a vice-chairman, a secretary, and a treasurer; and any member may hold two of these positions. In the absence of the c…

Board of Directors: Compensation. The directors may not receive compensation for their services but are entitled to compensation for expenses, including travel expenses, incurred in the discharge of their duties. Source: DL 5-67, § 4-1; amended by PL 3-27, § 2.

Board of Directors: Quorum. A majority of the full board (i.e., notwithstanding the existence of any vacancies) constitutes a quorum for the transaction of business, and no board action may be taken by a vote of less than a majority of the full board. Source: DL 5-67, § 4-1; amen…

Board of Directors: Records. (a) The secretary shall keep complete and accurate records of all meetings and actions taken by the board. (b) The treasurer shall keep full and accurate financial records, and shall make periodic reports to the board concerning the financial conditio…

Board of Directors: Meetings. Meetings of the board shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon 24 hours actual notice and business transacted. Source: DL 5-67, § 4-2.

NMHC: Power to Sue and Be Sued. The Commonwealth government hereby gives its irrevocable consent to allowing NMHC to sue and be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this chapter and hereby authorizes NMHC to agree …

NMHC: General Powers. NMHC has the following powers: (a) To develop, operate, or otherwise assist in the provision of, housing for persons of low and moderate income; (b) To make, undertake commitments to make, or guarantee loans to assist in the development or operation of housi…

NMHC: Other Powers. To implement the powers specified in 2 CMC § 4432, NMHC shall have the following powers: (a) To adopt and use a corporate seal; (b) To enter into agreements, contracts and understandings with any governmental agency, federal, state or local (including the Comm…

NMHC: Expenditure Authority. Funds in the form of annual contributions to be paid by the U.S. Department of Housing and Development to NMHC as rental subsidy for the 34 housing units to be constructed pursuant to the appropriation set out in PL 3-3, § 1(A) shall be retained by NM…

Authority to Lease Land. NMHC is authorized to lease for commercial development certain properties known as the North Garapan Subdivision Annex No. 2, which were conveyed to NMHC by quitclaim deed by the government of the Trust Territory of the Pacific Islands on February 25, 196…

Issuance of Obligations. NMHC may issue obligations from time to time for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. NMHC may issue such types of obligations as it may determine, includin…

Issuance of Obligations: No Personal Liability. Neither the directors of NMHC nor any person executing the obligations shall be liable personally on the obligations. Source: DL 5-67, § 6-2; amended by PL 20-87 § 6 (Feb. 5, 2019). Commission Comment: [Historical comments removed.]…

Issuance of Obligations: Public Purpose. Obligations of NMHC are declared to be issued for essential public and governmental purposes and to be public instrumentalities and together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Commonwealth…

Issuance of Obligations: Manner of Issuance and Sale. Obligations shall be issued and sold in the following manner: (a) Obligations of NMHC shall be authorized by a resolution adopted by the vote of a majority of the full board and may be issued in one or more series; (b) The obl…

Issuance of Obligations: Negotiability. Obligations of NMHC shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of NMHC or the security therefore, any such obligation reciting in substance that it has been issued…

Issuance of Obligations: NMHC’s Powers To Issue and Secure Payment. In connection with issuance of obligations, and to secure the payment of such obligations, NMHC may: (a) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may th…

Annual Report. NMHC shall submit an annual report, signed by the chairman of the board, to the Governor and the legislature showing: (a) A summary of the year’s activities; (b) The financial condition of the properties; (c) The condition of the properties; (d) The number of units…

NMHC: Directors, Officials or Employees; Limitations on Interests. During his or her tenure and for one year thereafter, no corporate director, official, board members or employee of NMHC, or member of the Commonwealth legislature, or of the governing body for the locality in whi…

Compliance With Federal Requirements. Each housing project developed, operated or assisted under a contract providing for federal financial assistance shall be administered in compliance with all requirements of the contract and applicable federal legislation, and with all regula…

Fidelity Bond Coverage. NMHC shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers. Source: DL 5-67, § 7-4, modified; amended by PL 20-87 § 6 (Feb. 5, 2019)…

NMHC: No Profits From Housing. NMHC shall not develop or operate any housing for profit. Source: DL 5-67, § 7-5, modified; amended by PL 20-87 § 6 (Feb. 5, 2019). Commission Comment: [Historical comments removed.] In codifying PL 20-87 § 6, which mandated a global amendment to Ch…

NMHC: Public Nature of Property. The real and personal property of NMHC is declared to be public property to be used for essential public and governmental purposes and such property and NMHC are exempt from all taxes and special assessments of the Commonwealth government or any p…

NMHC: Exemption of Property from Levy or Execution. All property, including funds, acquired or held by NMHC pursuant to this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any…

Short Title. This article may be cited as the Housing Mortgage Insurance Implementation Act. Source: PL 5-8, § 1. Commission Comment: PL 5-8 took effect April 9, 1986.

Findings and Purposes. (a) The legislature finds that: (1) The United States Department of Housing and Urban Development (HUD), through its Federal Housing Administration (FHA), is willing to insure residential housing mortgages on real property in the Commonwealth if questions o…

Definitions. (a) As used in this chapter: (1) “Appraised value” means the fair market value of a parcel of real property at a given point in time as determined by a qualified real estate appraiser, who is approved by NMHC and the federal agency insuring or guaranteeing the mortga…

Marketability of Title. Title to a permanent and long-term interest in real property in the Commonwealth shall not be considered unmarketable merely because of the restriction on alienation of permanent and long-term interests in real property contained in N.M.I. Const. art. XII,…

Title Assurance. (a) Promptly upon the enactment of this chapter, NMHC shall contact insurance agents and brokers within and without the Commonwealth, title insurance companies, attorneys, and others who may be interested in providing title assurance in the Commonwealth, inform t…

Salability after Foreclosure. (a) To assure any federal mortgage insurer that the provisions of N.M.I. Const. art. XII, prohibiting the acquisition of title to permanent and long-term interests in real property in the Commonwealth by persons not of Northern Marianas descent, will…

Conveyance of Title to a Permanent and Long-term Interest in Real Property. Any person who is a mortgagee, or a federal mortgage insurer which succeeds to the interest of a mortgagee, including such a person who is not a person of Northern Marianas descent, to whom by deed or oth…

Conflict with other Laws. If a provision of this chapter is in conflict or inconsistent with any other law, then the provision of this chapter shall control, unless it is expressly contravened by such other law. Source: PL 5-8, § 10.