Title 2, Natural Resources

Authority may Invest Surplus Funds. Money in any fund of the authority or any fund established by the board in connection with the authorization of its bonds, including, but not limited to, proceeds from the sale of bonds, which is not needed to satisfy its denominated purpose fo…

Orderly Transition. The purpose of this article is to provide an orderly transition of the operations of the ports situated in the Commonwealth from the administration of the government or the airport authority to administration by the Ports Authority. Source: PL 2-48, § 32. Comm…

Continuation of Board. The members of the board of directors of the airport authority, as presently constituted, shall continue to serve as members of the board of directors of the authority established under this act; provided, however, that three members shall serve for a perio…

Transfer of Title to Authority. Within 30 days after October 8, 1981, the Governor or the Marianas Public Land Corporation, or the airport authority, as the case may be, shall transfer to the authority: (a) All items of property used exclusively for the operation of public sea an…

Commonwealth May Assist Authority in Carrying Out its Functions. For the purpose of aiding in the planning, undertaking or carrying out of the provisions of this chapter and of the projects contemplated herein, and the subsequent operation and maintenance of the ports, the Marian…

Authority to Assume Rights, Obligations and Duties of the Government. (a) The authority shall assume all rights, obligations, and duties of the government or the airport authority under any agreements that the government or the airport authority may have with any department or ag…

Assumption of Functions by Authority. On the date the authority assumes its functions under this act, the board of directors or the executive director, as the case may be, shall immediately commence to employ necessary personnel for the operation of the authority and its ports, o…

Preference. Whenever possible the board of directors shall attempt to employ qualified Commonwealth residents. However, the board shall have as its primary concern in employing or contracting for services, the maintenance of safe, self-sufficient, modern and convenient services a…

Disposition of Interim Funds. After the assumption of functions by the authority, all monies formerly received by or paid by the Commonwealth or the airport authority on behalf of and for the use of ports facilities within the Commonwealth shall be received by and paid from the f…

Personnel Rules Applicable During Transition. The personnel rules and regulations now applicable to the employees working for the airports of the Commonwealth shall be applicable to the authority. Source: PL 2-48, § 39.

Appointment of Officers. The board shall appoint, as soon as is practicable, officers as set forth in this chapter. Persons serving in capacities with the ports of the Commonwealth shall continue in such positions under the authority until such time as the board has made permanen…

Short Title. This chapter may be cited as the Commonwealth Environmental Protection Act. Source: PL 3-23, § 1. Commission Comment: PL 3-23 took effect October 8, 1982.

Policy and Purpose. (a) The legislature declares that it is the policy of the Commonwealth: (1) To affirmatively protect the right of each person to a clean and healthful public environment, as guaranteed by N.M.I. Const. art. I, § 9; (2) To establish and enforce environmental st…

Definitions. As used in this chapter, the term: (a) “Department” means the Department of Public Health and Environmental Services; (b) “Director” means the Director of Public Health and Environmental Services; (c) “Board” means the Board of Health and Environmental Quality; (d) “…

Jurisdiction. The provisions of this chapter and regulations issued pursuant to this chapter shall apply to the air, land, water, wetlands, and submerged lands of or which appertain to the Commonwealth, including the exclusive economic zone and other areas established by the Mari…

Issuance of Regulations. Notwithstanding any other provision of law, the director shall have the exclusive power within the department to issue regulations, after consultation with the board, to carry out its policies and purposes. The regulations may exempt, or authorize the adm…

Environmental Programs. (a) In addition to any other regulation required or permitted by law, the director shall, after consultation with the board and consideration of appropriate federal laws and regulations, issue regulations to establish and implement the programs set forth i…

Enforcement, Remedies, and Penalties. (a) The chief, pursuant to regulations issued by the director, shall have the power to issue any necessary order to enforce the provisions of this chapter, any regulation issued under this chapter, and any term of a permit granted pursuant to…

Right of Entry. (a) The director or his authorized representative shall have access to any facility or records, subject to the regulations under this chapter, for the purpose of inspecting the premises and appropriate documents to determine compliance with applicable regulations …

Intergovernmental Cooperation. In carrying out his duties under this chapter, the chief may consult with any other appropriate governmental entity, international organization, or regional organization. The chief may enter into cooperative agreements with any entity or organizatio…

Repealer and Savings Provisions. Chapter 13 (sections 501 through 509) of title 63 of the Trust Territory Code is hereby repealed. Any regulation issued under that chapter and in force and effect in the Commonwealth on October 8, 1982, shall remain in force and effect and be admi…

Division of Environmental Quality Special Fund Account. The Secretary of Finance shall establish a special fund account called the Division of Environmental Quality Special Fund Account. All penalties and fines collected pursuant to this section and any permit fee collected pursu…

Public Lands: Defined. Public lands, belonging collectively to the people of the Commonwealth who are of Northern Marianas descent, include the following: (a) The lands as to which right, title or interest have been or hereafter are transferred from the Trust Territory of the Pac…

Submerged Lands. The management and disposition of submerged lands off the coast of the Commonwealth shall be as provided by the Submerged Lands Act [2 CMC § 1201 et seq.]. Source: N.M.I. Const. art. XI, § 2. Commission Comment: PL 1-23, the “Submerged Lands Act,” took effect Feb…

Surface Lands. The management and disposition of public lands, except those provided for by 2 CMC § 4112, shall be the responsibility of the Department of Public Lands. Source: N.M.I. Const. art. XI, § 3; global amendment by PL 15-2, § 4. Commission Comment: With respect to the r…

Marianas Public Land Corporation. There is in the Commonwealth government the Marianas Public Land Corporation: (a) The corporation shall have nine directors appointed by the Governor with the advice and consent of the Senate who shall direct the affairs of the corporation for th…

Marianas Public Land Corporation: Fundamental Policies. The Marianas Public Land Corporation shall follow certain fundamental policies in the performance of its responsibilities: (a) The corporation shall make available some portion of the public lands for a homestead program. A …

Department of Public Lands: Rental Fees Required. (a) The Department of Public Lands shall immediately assess rental fees for the use of public land for business purposes. The rental fees shall be assessed beginning with the Garapan business district, and the rental fees shall be…

Restrictions. (a) Leases or use permits of public agricultural lands, or of submerged lands and wetlands in the public domain that become available for agricultural, aquacultural or maricultural development shall be restricted to citizens and nationals of the United States; provi…

Public Access; Generally. No parcel of public land shall be subdivided into smaller parcels, tracts or lots for sale, lease, homestead, exchange or allocated for any other purposes, unless the Chief of Lands and Surveys (or a successor) shall first lay out and establish, or shall…

Public Access; Lands Abutting Sea or Tidal Areas. Before offering for sale, lease, homestead, exchange or allocation for any other purpose any parcel of public land abutting the sea or tidal areas, the Chief of Lands and Surveys (or a successor) shall first lay out and establish,…

Rules and Regulations. The Chief of Lands and Surveys (or a successor) shall have the power to promulgate rules and regulations, subject to approval by the Governor, to implement the provisions of this article. These rules and regulations will have the force and effect of law. So…

Findings. The legislature finds that the economic growth and development which the Commonwealth is experiencing has, in part, resulted in the streets and roads being damaged by certain individuals and companies who cut into or trench through the streets and roads to lay sewer and…

Definitions. As used in this article: (a) “Person” means a person, individual, partnership, corporation, and the Commonwealth government, including its agencies, governmental corporations and political subdivisions. (b) “Road” means any street, road, or thoroughfare over which ve…

Permit Required. No person shall cut or trench into a road without first obtaining a permit from the Director of Public Works. Source: PL 5-41, § 3. Commission Comment: With respect to the references to the “Director of Public Works,” see Executive Order 94-3 (effective August 23…

Permit Application. The Director of Public Works shall take such action necessary to implement and insure compliance to the provisions of this article, including, preparing application forms to be used by any person who desires to cut or trench through any road in the Commonwealt…

Repair of Road. Every person, shall, within five days of completion of the laying of pipes or other work that required the cutting or trenching of a road, repair all damaged, cut or trenched portions of the road, including any damage to the shoulder, as to good or better conditio…

Fees. The Director of Public Works shall establish such fees as is necessary to cover the cost of issuance of the permit and the supervision of the repair to the road as required to this article. All fees collected for the permit shall be deposited into the Commonwealth General F…

Penalties. Any person who violates the provisions of 2 CMC § 4133 or any rules or regulations promulgated pursuant to 2 CMC § 4134, is subject to a civil fine not to exceed $5,000 for each violation. Any person who violates the provisions of 2 CMC § 4135, shall be subject to a ci…

Short Title. This article may be cited as the Public Purpose Land Exchange Authorization Act of 1987. Source: PL 5-33, § 1. Commission Comment: PL 5-33 took effect June 1, 1987.

Findings and Purpose. The purpose of this article is to facilitate the accomplishment of certain public purposes by authorizing the Department of Public Lands to enter into agreements by which the government obtains a freehold interest in private land in exchange for passing a fr…

Definitions. As used in this article: (a) “Corporation” means the Marianas Public Land Corporation established by N.M.I. Const. art. XI, § 4, or its successor. (b) “Land exchange” means any transfer, disposition, use, control, occupancy or possession of public lands or the right …

Land Exchanges: When Authorized. (a) Subject to the restrictions imposed by subsection (b) of this section, the corporation is authorized to transfer a freehold interest in public lands pursuant to land exchange agreements to accomplish any public purpose specifically enumerated …

Land Exchanges: In General. (a) Land exchanges, rather than monetary compensation, are hereby declared to be the preferred means of obtaining private lands for public purposes and of providing compensation of public purposes specified in 2 CMC § 4143(e), and in any judicial deter…

Regulations. The corporation may promulgate rules and regulations to carry out the purposes of this article. Source: PL 5-33, § 6. Commission Comment: With respect to the references to the Marianas Public Land Corporation, see Executive Order 94-3 (effective August 23, 1994), reo…

Prior Exchanges. Any land exchange agreement entered into by the corporation prior to June 1, 1987, which accomplished a public purpose as defined in this article, is hereby deemed to be a lawful and binding agreement in the same manner and to the same extent as if entered into a…