Title 2, Natural Resources
53 chapters · 855 sections in this title.
2 CMC § 1101 Short Title
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Short Title. This chapter may be cited as the Marine Sovereignty Act of 1980. Source: PL 2-7, § 1. Commission Comment: PL 2-7 took effect December 11, 1980.
2 CMC § 1111 Legislative Findings
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Legislative Findings. The legislature finds that: (a) The people of the Northern Mariana Islands have traditionally been a seafaring people, sailing hundreds of miles from their home islands in order to provide for their needs by utilizing the resources of the sea. (b) The people…
2 CMC § 1112 Purposes of Chapter
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Purposes of Chapter. The purposes of this chapter are: (a) To preserve and protect the traditional rights and interests of the people of the Northern Mariana Islands in the surrounding sea and the resources thereof; (b) To ensure the continued availability of such resources for f…
2 CMC § 1113 Definitions
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Definitions. As used in this chapter, the term: (a) “Archipelagic waters” means the waters enclosed by the baselines. (b) “Baseline” means one of a series of line segments established pursuant to 2 CMC § 1121 which encloses the archipelagic waters and from which the territorial s…
2 CMC § 1114 Declarations
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Declarations. (a) The legislature declares, on behalf of the people of the Northern Mariana Islands, that the sovereignty of the Commonwealth extends beyond its land area to its internal waters, archipelagic waters, and territorial sea, regardless of their depth or distance from …
2 CMC § 1121 Archipelagic Baselines
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Archipelagic Baselines. (a) The Director of Natural Resources is authorized and directed to draw archipelagic baselines pursuant to this section on charts of a scale or scales adequate for determining the baselines, and shall transmit the charts to the Attorney General not later …
2 CMC § 1122 Internal Waters
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Internal Waters. Within the archipelagic waters, the Director of Natural Resources shall draw closing lines for the delimitation of internal waters. Such lines shall be drawn between appropriate low-tide elevations, and shall surround each island or group of islands, including an…
2 CMC § 1123 Territorial Sea
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Territorial Sea. The territorial sea of the Commonwealth shall have a breadth of 12 miles. The inner limit of the territorial sea shall be the archipelagic baselines established pursuant to 2 CMC § 1121. The outer limit of the territorial sea is the line every point of which is a…
2 CMC § 1124 Exclusive Economic Zone
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Exclusive Economic Zone. (a) The exclusive economic zone of the Commonwealth is hereby established. The inner limit of the zone shall be the outer limit of the territorial sea, as established in 2 CMC § 1123. Except as provided in subsection (b) of this section, the outer limit o…
2 CMC § 1125 Contiguous Zone
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Contiguous Zone. There is hereby established a zone within the exclusive economic zone, contiguous to the territorial sea, which shall be known as the contiguous zone. The inner limit of the contiguous zone shall be the outer limit of the territorial sea. The outer limit of the c…
2 CMC § 1131 Existing Submarine Cables
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Existing Submarine Cables. Without prejudice to the sovereignty declared in 2 CMC § 1114(a), the Commonwealth will respect any existing submarine cable passing through the internal waters, archipelagic waters, or territorial sea without making a landfall and will permit the maint…
2 CMC § 1132 Innocent Passage
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Innocent Passage. The Commonwealth recognizes that the ships of all states enjoy the right of innocent passage through the archipelagic waters (other than internal waters) and the territorial sea, in accordance with customary international law and subject to the provisions of 2 C…
2 CMC § 1133 Sea Lanes Passage
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Sea Lanes Passage. (a) The Director of Commerce and Labor, after consultation with the Attorney General and the Director of Natural Resources, and any competent international organization, may designate and publicize sea lanes and routes for the safe, continuous, and expeditious …
2 CMC § 1134 Rights of Other States in the Exclusive Economic Zone
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Rights of Other States in the Exclusive Economic Zone. Subject to the jurisdiction declared in 2 CMC § 1114(b) and the limits and duties established by international conventions, the ICNT, or customary international law, the Commonwealth recognizes that in the exclusive economic …
2 CMC § 1135 Implementation
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Implementation. (a) The sovereignty and jurisdiction of the Commonwealth in the internal waters, archipelagic waters, territorial sea, exclusive economic zone, and contiguous zone shall be exercised pursuant to the laws of the Commonwealth, and shall, to the maximum extent practi…
2 CMC § 1136 Relationship with the United States
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Relationship with the United States. The legislature recognizes the special relationship between the Commonwealth and the United States. Pursuant to that relationship, nothing in this chapter shall be taken to impose any impediment to any lawful action taken by the government of …
2 CMC § 1141 Remedies and Penalties
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Remedies and Penalties. (a) (1) The Director of Commerce and Labor or his authorized representative, with regard to archipelagic sea lanes passage, and the Governor or any person designated pursuant to any executive order issued pursuant to 2 CMC § 1135(b), or the authorized repr…
2 CMC § 1142 Conforming Amendments to Submerged Lands Act
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Conforming Amendments to Submerged Lands Act. Except as otherwise provided in 2 CMC § 1212(a) and (f) and 2 CMC § 1231 of the Submerged Lands Act [2 CMC § 1201 et seq.], nothing in this chapter shall be construed to amend, modify, or alter in any way the provisions of that act. S…
2 CMC § 1143 Authorization
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Authorization. There are hereby authorized to be appropriated such funds as may be necessary to carry out the provisions of this chapter. Source: PL 2-7, § 19.
2 CMC § 2101 Short Title
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Short Title. This chapter is known and may be cited as the Commonwealth Ports Authority Act. Source: PL 2-48, § 1. Commission Comment: PL 2-48 took effect October 8, 1981. Based on the “Mariana Islands Airport Authority Act” enacted as Congress of Micronesia PL 6-58 in 1975, PL 2…
2 CMC § 2111 Findings
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Findings. The legislature finds and declares that: (a) To promote the political, economic, cultural, and educational advancement of the people of the Northern Mariana Islands and their progressive development towards self-government and self-reliance, it is essential that the air…
2 CMC § 2112 Definitions
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Definitions. In this division, unless the context otherwise requires, the following definitions apply: (a) “Authority” means the Commonwealth Ports Authority. (b) “Ports” means all publicly owned sea and air ports together with all lands and facilities a part thereof and adjacent…
2 CMC § 2121 Commonwealth Ports Authority
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Commonwealth Ports Authority. There is in the Commonwealth government a public corporation called the Commonwealth Ports Authority. Its functions are governmental and public and it may sue and be sued in its own name. The principal office of the authority is at Saipan, Mariana Is…
2 CMC § 2122 Commonwealth Ports Authority: Powers and Duties
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Commonwealth Ports Authority: Powers and Duties. In addition to the powers and duties elsewhere conferred and imposed, the authority shall have the following powers and duties: (a) To carry on the business of acquiring, establishing, developing, extending, maintaining, operating …
2 CMC § 2123 Board of Directors: Composition
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Board of Directors: Composition. All powers vested in the authority shall be exercised by the board of directors, composed of seven members appointed by the Governor with the advice and consent of the Senate. Members of the board shall serve staggered terms of four years, subject…
2 CMC § 2124 Board of Directors: Organization; Quorum
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Board of Directors: Organization; Quorum. The board shall organize by electing one of its members as chairman and another as vice-chairman. The board shall designate a secretary to keep the minutes and records of the board, who may or may not be a member of the board itself. Any …
2 CMC § 2125 Board of Directors: Reimbursements and Compensation
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Board of Directors: Reimbursements and Compensation. The members are entitled to reimbursement for actual expenses incurred in the performance of their official duties, upon approval by the board. In addition, directors shall receive compensation at the rate of $50 per board meet…
2 CMC § 2126 Executive Director: Appointment
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Executive Director: Appointment. The board shall appoint an executive director to be its chief executive officer. The executive director shall serve at the pleasure of, and be compensated as determined by, the board. Source: PL 2-48, § 8, modified.
2 CMC § 2127 Executive Director: Powers and Duties
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Executive Director: Powers and Duties. The executive director shall have the following powers and duties: (a) To be in full charge and control of the operation and maintenance of the ports controlled by the authority, and of construction of any ports, facilities and other necessa…
2 CMC § 2128 Treasurer and Attorney: Appointment and Duties of Each
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Treasurer and Attorney: Appointment and Duties of Each. The board may appoint a treasurer and an attorney, each of whom shall serve at the pleasure of the board and whose duties and compensation shall be fixed by the board. The board may appoint one or more assistants to any such…
2 CMC § 2129 Ports Authority: Accounting and Reporting
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Ports Authority: Accounting and Reporting. The board shall adopt and maintain a system of accounting which is in accordance with generally accepted accounting principles applicable to sea or air ports or both. (a) The board may employ a firm of independent certified public accoun…
2 CMC § 2130 Employees; Personnel Rights
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Employees; Personnel Rights. The board shall establish rules and regulations governing the selection, promotion, performance evaluation, demotion, suspension, dismissal, and other disciplinary rules for employees of the authority. (a) Employees of the authority, excluding its dir…
2 CMC § 2131 No Financial Interests by Members
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No Financial Interests by Members. (a) Except as provided in 2 CMC § 2176, no director, officer, or employee of the authority, either personally or as agent for anyone else, shall benefit directly or indirectly by reason of any sale, purchase, contract or transaction entered into…
2 CMC § 2132 Contract and Bidding Requirements; Exceptions
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Contract and Bidding Requirements; Exceptions. The purchase of all supplies and materials, and all construction works, when the expenditure exceeds $25,000, shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least 10 days befor…
2 CMC § 2133 Insurance Policies and Sovereign Immunity
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Insurance Policies and Sovereign Immunity. To the extent that any liability of the Commonwealth or of the authority is covered by any policy of insurance, the government waives its limitation of liability. (a) All claims made against any policy of insurance purchased by the autho…
2 CMC § 2134 Ports Police; Powers and Authority; Violations and Penalties
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Ports Police; Powers and Authority; Violations and Penalties. (a) The Commonwealth Ports Authority shall have the power and authority to appoint such number of police officers as may be found necessary for the protection of the Ports. The Commonwealth Ports Authority shall have t…
2 CMC § 2141 Rules and Regulations: Established by Authority
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Rules and Regulations: Established by Authority. The board may promulgate, adopt and enforce appropriate regulations based upon Federal Aviation Authority and the authority’s own safety requirements to prevent hazards and obstructions which may interfere with the landing or takeo…
2 CMC § 2142 Rules and Regulations: Effective Date
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Rules and Regulations: Effective Date. Rules and regulations shall be in full force and effect 30 days after the publication of the notice hereby required, and ignorance thereof is not a defense to a prosecution for the enforcement of a penalty. After required publication, the ru…
2 CMC § 2143 Rules and Regulations: Right to Challenge
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Rules and Regulations: Right to Challenge. Any person substantially interested or affected in his or her rights as to person or property by a rule or regulation adopted by the authority may petition the authority for a reconsideration of the rule or regulation, or for an amendmen…
2 CMC § 2144 Rules and Regulations: Publication
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Rules and Regulations: Publication. In addition to the notice of adoption of rules or regulations relative to civil penalties, a substantive statement shall be published, in condensed form, along with the notice, so as to afford an intelligent direction of the mind to the act for…
2 CMC § 2145 Rules and Regulations: Penalties
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Rules and Regulations: Penalties. Any person who violates any provisions of this chapter, or any valid rule or regulation promulgated thereunder, or who refuses or neglects to comply with any lawful order given by the executive director or his delegate concerning the operation of…
2 CMC § 2146 Rules and Regulations: Enforcement by Executive Director
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Rules and Regulations: Enforcement by Executive Director. The executive director shall enforce rules and regulations of the authority governing the assessment of civil penalties. (a) The rules and regulations shall provide for a reasonable time, not less than 10 days, for due not…
2 CMC § 2151 Eminent Domain
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Eminent Domain. The authority may exercise the power of eminent domain by complying with the provisions of N.M.I. Const. art. XIII. The authority must, however, make all reasonable efforts to arrange for an exchange of lands if requested by the owner of the land in question. Sour…
2 CMC § 2152 Allocation of Relocation Expenses
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Allocation of Relocation Expenses. (a) If, in the exercise of its powers of eminent domain, or police power, or any other power, the authority requires the relocation, raising, lowering, rerouting, grade change or alteration in the construction of any existing highway, street, el…
2 CMC § 2153 Authority may Purchase Port Facilities
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Authority may Purchase Port Facilities. The power of the authority conferred by this chapter to purchase or otherwise acquire an existing airport or seaport shall expressly include the power and authority to purchase or acquire any publicly owned port facilities in fee or of any …
2 CMC § 2161 Ports Authority: Exemption from Taxation and Licensing
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Ports Authority: Exemption from Taxation and Licensing. As an instrumentality of the government, the authority and all property acquired by or for it or used by it and all revenues and income therefrom are exempt from taxation and business regulation by the Commonwealth or by any…
2 CMC § 2162 Ports Authority: Exemption from Execution and Bond Requirements
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Ports Authority: Exemption from Execution and Bond Requirements. No execution or order in aid of judgment may be recovered against the authority, but the board may provide for the payment of judgment from future revenues of the authority after the final recovery of any judgment o…
2 CMC § 2163 Ports Authority: Exemption from Bond or Lien Requirements
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Ports Authority: Exemption from Bond or Lien Requirements. The authority shall not be required to give any bond as security for costs, supersedeas, or any security in any suit or action brought by or against it, or in proceedings to which it may be a party in any court in the Com…
2 CMC § 2164 Ports Authority: Board May Make Exceptions to the Exemptions
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Ports Authority: Board May Make Exceptions to the Exemptions. Notwithstanding anything contained in this section or this chapter to the contrary, the holders of any bonds or other obligations issued by the authority, the seller of property subject to installment sale or the lesso…
2 CMC § 2171 Ports Authority: Power to Borrow
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Ports Authority: Power to Borrow. In addition to the power to issue bonds provided in this chapter, the authority may hold or sell any securities or obligations upon such terms as it may fix, and may borrow on the security (including mortgage or other encumbrance) of any real or …