An Act to to amend section 2674 of Public Law 10-57 in order to further protect and preserve places important to the culture, traditions and history of the people of the Northern Mariana Islands; and for other purposes (P.L. 11-48)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro Tenorio Governor Jesus R. Sablan Lt. Governor The Honorable T. Benavente Speaker, House of Representatives Marianas Saipan, MP 96950 and Commonwealth Legislature Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Fax: (670) 664-2211 2 0 The Honorable Paul A. Manglona President of the Senate Eleventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Speaker and Mr. President: This is to inform you that pursuant to the override actions by the Senate and the House of Representatives, on House Bill No. 11-220, entitled, "To amend Section 2674 of Public Law 57 in order to further protect and preserve places important to the culture, traditions and history of the people of the Northern Mariana Islands; and for other purposes," the bill becomes Public Law NO. 11-48. Sincerely, TENORIO TENORIO CC: Department of Lands Natural Resources, Board of Public Lands Programs and Legislative Review .. P. Diego Elev~~orthem Mr. ~~~ ~TENORIO & & GOV.COMM.\\ -~~:2 (HOUSEJ NOV. 1998 10 . PUBLIC LAW NO. House NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box 586 Saipan, MP 96950 20,1998 The Honorable Pedro P. Tenorio Governor Commonwealth of the Northern Mariana Islands Saipan, Dear Governor Tenorio: This is to inform you that the Eleventh Northern Marianas Commonwealth Legislature repassed House Bill No. 11-220, entitled, "To amend Section 2674 of Public Law 10-57 in order to further protect and preserve places important to the culture, traditions and history of the people of the Northern Mariana Islands; and for other purposes," by the affirmative vote of two-thirds of the members of each house, in the House of Representatives on November 19, 1998, and in the Senate on November 13,1998. House Bill No. 11-220 is now law. Please inform us of the Public Law number assigned to this Act. Sincerely, November Capit~Hitta ~pi'g6950 'Ifie of !RJ,presentatives 11-48 (2/3) Ra:.v o \ l l 2.0{9 , PUBLIC NO. 11-48 . , House NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box 586 Saipan, MP 96950 September 29,1998 The Honorable Pedro P. Tenorio Governor Commonwealth of the Northern Capitol 96950 Dear Governor Tenorio: I have the honor to transmit herewith for your action House Bill No. 11-220, entitled, "To amend Section 2674 of Public Law 10-57 in order to further protect and preserve places important to the culture, traditions and history of the people of the Northern Mariana Islands; and for other purposes," which was passed by the House of Representatives and the Senate of the Eleventh Northern Marianas Commonwealth Legislature. Respectfully, "t • Mariana Wands mnfi,.. Saipan, MP ing 'Ifie of ~presentatives HOUSE OF REPRESENTATIVES ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIFTH SPECIAL SESSION, 1998 PUBLIC LAW NO. 11-48 HOUSE BILL NO. AN ACT end Section 2674 of Public Law 10-57 in order to further protect and preserve s important to the culture, traditions and history of the people of the Northern Mariana Islands; and for other purposes. Offered by Representatives: Heinz S. Hofschneider, David M. Apatang, Manuel A. Tenorio, Diego T. Benavente, "Bennet" T. Seman and Jesus T. Attao Date: June 19, 1998 HOUSE ACTION Referred to: Committee on Natural Resources Standing Committee Report: None First and Final Reading: July 7, 1998 SENATE ACTION Referred to: Committee on Resources, Economic Development and Programs Standing Committee Report: None Second and Final Reading: September 23,1998 \ Ho 11-220 Bernadita 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 20 21 22 23 ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE PUBLIC LAW NO. NO. 11-220 FOURTH SPECIAL SESSION, 1998 AN ACT To amend Section 2674 of Public Law 10-57 in order to further protect and preserve places important to the culture, traditions and history of the people of the Northern Mariana Islands; and for other purposes. IT ENACTED BY THE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings. The Legislature finds that under Article XIV, Section 2 of the Constitution of the Northern Mariana Islands, Managaha Island is to be maintained as an uninhabited place and used only for cultural and recreational places. The entire Managaha Island is public land and pursuant to Article XI, Section 1 of the Constitution of the Northern Mariana Islands, belong collectively to the people of the Commonwealth who are of Northern Mariana descent. Under Article XIV, Section 3 of the Constitution of the Northern Mariana Islands, all places of importance to the culture, traditions and history of the people of the Northern Mariana Islands shall be protected and preserved. Managaha Island is one of these places. The Legislature finds that the best guarantee of protecting and preserving places of importance to the culture, traditions and history of the people of the Northern Mariana Islands is to ensure that management of these places, to the maximum extent possible, be first offered to persons of Northern Marianas descent. Only after good faith efforts have been made by the Division to lease these places to persons of Northern Marianas descent, including corporations pursuant to Article XII, Section 5 of the Constitution of the Northern Mariana Islands, may the Division open such places to other persons or corporations. Section 2. Amendment. 2674 of Public Law No. 10-57 is amended by inserting a new subsection (h) and relettering current subsection (h) to (i) to read as follows: "(h) The Division shall give preference to a transfer of a leasehold interest in public lands that are also places of importance to the culture, traditions and history of the people of the Northern Mariana Islands to persons, including corporations under Article XII, Section 5 of the Constitution, of Northern Marianas descent. The Division shall comply with Section 2675, Subsection (f). The Division shall establish and 17 19 ' ;I '\ 11-48 H.B. § 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PUBLIC LAW NO. 11-48 HOUSE BILL NO. 11-220 publish rules and regulations that give certain minimum standards to meet the requirement of preference to persons of Northern Marianas descent. One such requirement is that any proposal from a person or corporation of Northern Marianas descent must be within twenty percent (20%) of the highest proposal for such public land. Current Subsection (h) shall now be Subsection (i) and all later subsections shall be Section 3. Severability. If any provision of this Act or the application of any such to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or other than those to which it is held invalid shall not be affected thereby. Section 4. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. Section 5. Effective Date. This Act shall take effect upon its approval by the Governor relettered." or upon its becoming law without such approval. CERTIFIED BY: . BENAVENTE Speaker House of Representatives ATTESTED BY: P. Governor Commonwealth of the Northern Mariana Islands 2 cireumstances :f>EDlW TENORIO PUBLIC NO. 11-48 HOUSE BILL NO. 11-220 Overridden by the House of Representatives on November and the Senate on November 13,1998 with the affirmative vote of two-thirds of the members in each house. CERTIFIED BY: Speaker of the House ,A / THOMAS P. Acting Presided of the Senate O v e r r i d d e n b y the S e n a t e on : 11/13/98 O v e r r i d d e n by the House of R e p r e s e n t a t i v e s on: 11/19/98 Became P u b l i c Law No. 11-48 on : 11/19/98 Page 3 of 3 ' , ,- ', .. 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