An Act to Amend 2 CMC 8 4323 to requiring the Marianas Public Lands Authority to grant title to public land to qualified persons who demonstrated fifteen (15) years of continuous and actual occupancy of public land, but did not receive such title despite being qualified because of his or her exclusion from the list of qualified persons established by MPLA, to mandate that MPLA review all past and pending claims and grant such title to qualified persons; to amend 2 CMC 4324 to extend the time limitation for new claims made pursuant to 2 CMC 0 4323 from twelve (12) to twenty-five (25) years; and for other purposes (P.L. 14-66)

COMMONWEALTH OF THE NORTHERN ISLANDS Juan N. Babauta Governor T. Benavente Lieutenant Governor 5 The Honorable Joaquin G. Senate President, The Senate Fourteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Speaker, House of Representatives Fourteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law House Bill No. 14-31, HD2, SD2, entitled, “To amend 2 CMC $4323 to require the Marianas Lands Authority to grant title to public land to qualified persons who demonstrated fifteen (1 5) years of continuous and actual occupancy of public land, but did not receive such title despite being qualified because of his or her exclusion from the list of qualified persons established by MPLA; to mandate that MPLA review all past and pending claims and grant such title to qualified persons; to amend 2 CMC 4324 to extend the time limitation for new claims made pursuant to 2 CMC 4323 from twelve (12) to twenty five (25) years; and for other purposes,” which was passed by the Fourteenth Northern Marianas Commonwealth Legislature. This measure requires the Marianas Public Lands Authority (MPLA) to grant title to public land used for agricultural purposes to those qualified individuals or surviving members of their family who were excluded from the list of qualified persons established by MPLA or its predecessor in interest, the Marianas Public Lands Corporation (MPLC), despite the fact that they had demonstrated continuous and actual occupancy of such land for fifteen (1 5) years prior to January 9, 1978 as required by the Homestead Waiver Act, as amended. This measure, by extending the time limitation from twelve (12) to twenty five (25) years, also allows qualified individuals or surviving members of their family to file applications for title to public land used for agricultural purposes no later than January 8,2006. Caller Box 10007 Saipan, 96950 Telephone: (670) Facsimile: (670) 664-221 MARIANA JIAY O 2005 Diego Adriano Benigno R. Fitial Public § § MP 664-2200/2300 1/2311 The Administration notes that it is aware of the MPLA Board’s decision to establish a moratorium on new applications for village homesteads on Saipan and Rota, effective October 1,2002, due to a lack of available public lands. The MPLA Board has indicated that this measure, though only applicable to public lands that have been continuously used for agricultural purposes, may reduce the availability of public land. I believe, however, that qualified individuals and their families should have the opportunity to establish that they were in fact utilizing public land for agricultural purposes and are eligible for issuance of title to the applicable provisions of the Homestead Waiver Act, as amended. I further believe that this measure will not adversely the village homestead program. In fact, I have requested the MPLA Board to lift this moratorium and begin accepting new applications and processing pending applications for village homesteads on Saipan and Rota. The Administration notes a typographical error in the title of this measure. The word “requiring” should be replaced with the word “require.” Also, on Page 2, line 17, after 4323, the word “in” should be removed. I respectfully request the Law Revision Commission to make necessary corrections prior to codification. This bill becomes Public Law No. 14-66. Copies bearing my signatures are forwarded for your reference. cc: Attorney General, of the Attorney General Commissioner, Marianas Public Lands Authority Secretary, Department of Lands and Natural Resources All Mayors Resident Executive for Indigenous Executive Assistant for Carolinian Affairs Special Assistant for Women’s Acting Special Assistant for Programs and Legislative Review further pursuant affect § rely, ~r H OD£{ N.BABAUTA Office Affairs Affairs House NORTHERN MARIANAS P.O. BOX 500586 SAIPAN, MP 96950 COMMONWEALTH LEGISLATURE PUBLIC NO. 14-66 March 22,2005 The Honorable Juan N. Babauta Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Governor Babauta: I have the honor of transmitting herewith H. B. NO. 14-31, SD2, entitled, “To amend 2 CMC to requiring the Marianas Public Lands Authority to grant title to public land to qualified persons who demonstrated fifteen (15) years of continuous and actual occupancy of public land, but did not receive such title despite being qualified because of his or her exclusion the list of qualified persons established by MPLA; to mandate that MPLA review all past and pending claims and grant such title to qualified persons; to amend 2 CMC 4324 to extend the time limitation for new claims made pursuant to 2 CMC 4323 from twelve (12) to twenty five (25) years; and for other purposes.” The was passed by the House of Representatives and the Senate of the Fourteenth Northern Marianas Commonwealth Legislature. Sincerely yours, ecilia Taitano-Celes Assistant House Clerk Attachment . ' of <.R§presentatives LAW HS1, §4323 from § § Bill ~ FOURTEENTH REGULAR 2005 PUBLIC LAW NO. 14-66 H. B. NO. 14-31, HSI, AN ACT To Amend 2 CMC 4323 to requiring the Marianas Public Lands Authority to grant title to public land to qualified persons who demonstrated fifteen (15) years of continuous and actual occupancy of public land, but did not receive such title despite being qualified because of his or her exclusion from the list of qualified persons established by MPLA, to mandate that MPLA review all past and pending claims and grant such title to qualified persons; to amend 2 CMC 4324 to extend the time limitation for new claims made pursuant to 2 CMC 4323 from twelve (12) to twenty-five (25) years; and for other purposes. Introduced by Representatives: David M. Apatang, Jesus T. Attao and Arnold I. Palacios Date: March 22,2005 Referred to: Committee on Natural Resources Public Hearing: Standing Committee Report: Passed First and Final Reading on March 17,2005 Senate Amendments on March 17,2005 Referred to: Public Hearing: Standing Committee Report: Passed Final Reading on October 6,2004 Taitano-Celes , Assistant House Clerk HOUSE OF REPRE,SENTATIVES NORTHERN MARIANAS COMMONWEALTH LEGISLATURE THIRD SESSION, S02 § § § • 14-84 Accepted/Rejected glm~ Cecilia 4 E S 11 12 13 14 15 L A W NO. 14-66 H. B. NO. 14-31, SD2 AN ACT To amend 2 CMC 4323 to requiring the Marianas Public Lands Authority to grant title to public land to qualified persons who demonstrated fifteen (15) years of continuous and actual occupancy of public land, but did not receive such title despite being qualified because of his or her exclusion from the list of qualified persons established by MPLA; to mandate that MPLA review all past and pending claims and grant such title to qualified persons; to amend 2 CMC 4324 to extend the time limitation for new claims made pursuant to 2 CMC 4323 from twelve (12) to twenty-five (25) years; and for other purposes. BE IT ENACTED BY THE FOURTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings. The Legislature has long determined that a person who demonstrated fifteen (15) years of continuous use and actual occupancy of public land used for agricultural purposes prior to January 9, 1978 may obtain legal title to such land. The Homestead Waiver Act, as set forth in Public Law 2-13, 3, granted the Marianas Public Land Corporation (MPLC) the discretion to waive pre-1978 homestead requirements for those individuals who demonstrated fifteen (15) years of continuous use and actual occupancy of public land used for agricultural purposes. The Legislature later determined, as set forth in the findings of Public Law 8-9, that it was necessary to remove discretion because numerous persons demonstrated actual and continuous use of public land before 1978 and have relocated with the government commitment that alternative land would be provided to them. As a result, the Legislature amended 2 CMC 4323 by removing discretion and mandated that legal title in the form of a deed must be granted to those qualified persons. Subsequently, the Legislature determined, as set forth in Public Law 11-96, that certain persons would be qualified to obtain legal title to public land used for agricultural purposes but for the agreements between the Commonwealth and the United 1 2 1 i 1( MPLC's § § HOUSE OF REPRESENTATIVES FOURTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE THIRD REGULAR SESSION, 2005 PUBLIC § § § HSI, MPLC's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PUBLIC L A W NO. 14-66 HOUSE BILL NO. 14-31, SD2 States which required the removal of such persons for public land and further amend 2 CMC 4323 to include those persons. The Marianas Public Lands Authority (MPLA), the successor to MPLC pursuant to Executive Order 94-3, is mandated to out the intent of the Homestead Waiver-Act by processing public land claims of persons who are qualified to obtain legal title to land pursuant to 2 CMC 4323. The Legislature finds that the MPLA carried out its mandate by establishing a list of persons that might be qualified pursuant to 2 CMC 4323. The MPLA, however, excluded the names of certain persons who may otherwise-be qualified, the names of which are set forth herein, and declined to grant them title to public land as mandated by 2 CMC 4323. Therefore, the Legislature mandates that-MPLA review all pending and past claims made pursuant to 2 CMC 4323, grant title to public land to qualified persons who did not receive title pursuant to the Homestead Waiver Act because of his or her exclusion from the list of qualified persons established by the MPLA, and publish and submit an annual report detailing the claims made and the decisions rendered on such claims to the Legislature and the Office of the Governor. The Legislature finds that the time limitation imposed on claims made pursuant to 2 CMC $4323 in inadequate and therefore amends 2 CMC $4324 to extend the time limitation for new claims made pursuant to 2 CMC 4323 from twelve (12) to twenty five (25) years. Section 2. Amendment. 2 CMC 4323, pertaining to the Waiver of Homestead Requirements, is hereby amended and shall read as follows: “The Marianas Public Lands Authority shall waive any requirements, limitations or regulations relating to the agricultural homesteading program in effect prior to January 9, 1978. Any person who can demonstrate continuous and actual occupancy or use of public land for agricultural purposes for a period of 15 years prior to January 9, 1978, or who can demonstrate that he or she would have continuously and actually occupied or used public land for agricultural purposes for a period of 15 years prior to January 9, 1978 but for the U.S. military’s or Trust Territory Administration’s removal of the person Page 2 HSl, § carry § § § § further § § 29 1 2 3 4 5 6 7 8 9 11 12 13 14 16 17 18 2c 21 22 23 24 25 26 27 28 PUBLIC NO. 14-66 HOUSE BILL NO. 14-31, SD2 from such land, shall be legally entitled to all the rights and interest of ownership of such land, and the Marianas Public Lands Authority shall convey such land by deed to any person who complies with procedures and requirements for granting of deeds established under 2 CMC 4324. Provided that those persons eligible under this section shall include the following: (1) A person who has occupied the land continuously for fifteen (15) years prior to January 9, 1978; and (2) Members of the same family that have occupied the same land continuously for fifteen (15) years prior to January 9, 1978, although no one family member has been on the land continuously for fifteen (1 5) years. The Marianas Public Lands Authority shall review all pending and past claims made pursuant to this section and grant title to public land for qualified individuals who did not receive title pursuant to this section because of his or her exclusion from the list of qualified persons established by the Marianas Public Lands Authority. The Marianas Public Lands Authority shall publish an annual report detailing the claims made and the decisions rendered on such claims to the Legislature and the Office of the Governor.” Section 3. Amendment. 2 CMC pertaining to the Conveyance of Public Lands: Limitations and Requirements, is hereby amended and shall read as follows: “No time limitation shall be imposed by the Marianas Public Lands Authority for a period shorter than twenty-five (25) years after February 9, 1981, for submission of requests or applications for deeds and permits pursuant to this article.” Section 4. Severabilitv. If any provision of this Act or the application of any such provision 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 circumstances other than those to which it is held invalid shall not be affected thereby. Section 5. 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 Page 3 . . . LAW HSl, § lC • 15 § 4324(c), 19 Savin2s • 29 PUBLIC LAW NO. 14-66 HOUSE BILL NO. 14-31, SD2 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 6. Effective Date. This Act shall take effect upon its approval by the Governor or upon becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: R. FITIAL SPEAKER OF THE HOUSE C. OUSE CLERK ,2005 GOVERNOR TH OF THE NORTHERN MARIANA ISLANDS Page 4 1 2 3 4 5 6 HSl, Aµ rov.uf. on this~ day or M. ¥