An Act to restrict the leases of public agricultural land to the resident citizens of the CNMI and of the U.S., and to similarly restrict the use of publicly owned marine and wetlands areas that come under agricultural, aquacultural, or maricultural development (P.L. 9-70)

. COMMONWEALTH OF THE NORTHERN ISLANDS C . Caller Box Governor Saipan. MP Telephone: JESUS C. Fax: I I The Honorable Diego T. Benavente Speaker of the House of Representatives Ninth Northern Marianas Saipan, MP 96950 Commonwealth Legislature The Honorable Juan S. Demapan President of the Senate Ninth Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law House Bill No. 9-294 ("H.B. 294) entitled "To restrict the leases of public agricultural land to the resident citizens of the CNMI and of the U.S., and to similarly restrict the use of publicly owned marine and wetlands areas that come under agricultural, aquacultural, or maricultural development" which was passed by the Ninth Northern Marianas Commonwealth Legislature. There is no question that the intent of this bill is laudable and that it is consistent with, and compatible with, the Commonwealth Constitution and the Covenant, Section which allow the CNMI to regulate the extent to which a person may own or hold public land. The Legislature's findings sufficiently state the basis for the lease restrictions and the Attorney General's Office has informed me that there has been a previous judicial determination that provides restrictive land holdings in the Commonwealth are permissible without violation of due process or equal protection. Section of the bill provides that agricultural, aquacultural, maricultural and animal husbandry uses of public lands "are restricted in their development to their most appropriate use or For Rota, the Rota Zoning Board (authorized by 10 CMC et seq.) appears to have the authority to determine where the uses listed above shall be most appropriately located. The Rota zoning plan is subject to the approval of the First Senatorial District Legislative Delegation. Unfortunately, this bill does not designate which Commonwealth entity will be responsible for determining what uses are most appropriate for any given parcel of public land on Saipan and Tinian. For Saipan, the Saipan Zoning Law (Saipan Local Law 8-7) established where such areas could be located. However, pursuant to Saipan Local Law 9-1 which was signed into law on August 15, 1994, the Saipan Zoning Law has been suspended for at least three years. Therefore, unless further clarification is made, it will be presumed that for Saipan and Tinian, the Department of Lands and Natural Resources through its Division of Public Lands will make such appropriate land use determinations. FROII .. AN TENORIO BORJA Lt. Governor 805(b), 2(b) §§1701 uses." GOV. COMM. CJ-, q~o (HOUSf) MARIANA 01 NOV 1995 9 10007 96950 (670) 664-2200 (670) 664-22 The Honorable Diego T. Benavente The Honorable Juan S . Demapan Page 2 One last point of correction should be made for this bill and changed for any subsequent bill passed by the Legislature. In light of Executive Order 94-3, all references to the Department of Natural Resources headed by a Director should be changed to the Department of Lands and Natural Resources headed by a Secretary. By now, your legal counsels should be aware of this fact. H.B. 9-294 becomes Public Law No. 9-70, Si cerely, G C. 4 HOUSE OF REPRESENTATIVES NINTH NORTHERN MARIANAS COMMON WEALTH LEGISLATURE FOURTH REGULAR SESSION, 1995 PUBLIC LAW NO. 9-70 HOUSE BILL NO. 9-294. H.D.l AN ACT To restrict the leases of public agricultural land to the resident citizens of the and of the U.S., and to similarly restrict the use of publicly owned marine and wetlands areas that come under agricultural, aquacultural, or maricultural development. Offered by Representatives: Manuel A. Jesus T. Attao, Maria T. Peter, and Joaquin G. Date: November 2, 1994 HOUSE ACTION Referred to: Committee on Natural Resources Standing Committee Report No. 9-71 First and Final Reading: March 17, 1995 SENATE ACTION Referred to: Committee on Resources, Economic Development and Programs Standing Committee Report: None Second and Final Reading: September 29, 1995 House Clerk CNMI Tenorio, Adriano 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NINTH NORTHERN COMMONWEALTH SIXTH SPECIAL SESSION, 1994 H. B. NO. 9-294, H.D.l ACT To restrict the leases of public agricultural land to the resident citizens of the CNMI and of the U.S., and to similarly restrict the use of publicly owned marine and wetlands areas that come under agricultural, aquacultural. or maricultural development. BE IT ENACTED BY THE NINTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings. The Legislature finds that the amount of public lands set aside for agriculture to be small and that it needs to be saved for those resident citizens vhose livelihood is derived in whole or in significant part from the soil. In both the CNMI and the U. S. the farming community is the traditional foundation of the nation. The rate of development in the CNMI coupled with its small land area poses a danger to the of suitable agricultural lands to those who farm it or use it for animal husbandry. It s appropriate then, that lands set aside in the public domain for agricultural purposes be to those who make the tilling of the land their life's work. And by further restricting uch lands to those who are citizens of the Commonwealth, we acknowledge the value of those to our way of life, and that these small plots of must be protected from large commercial development and remain an inalienable part of our heritage. Section 2. 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. Provided, that they are domiciliaries of the CNMI. (b) Such lands as are leased or permitted in accordance with the provisions of the Act are restricted in their development to their most appropriate use or uses, either agricultural, aquacultural, maricultural, or animal husbandry. Provided that, aquacultural, and maricultural uses are not to intrude on agricultural lands set aside exclusively for crop farming. MARIANAS LEGISLAT:PMrc LAW NO. 9-7 AN :xclusively m mainland, tigh lVailability ·· I I f estricted ljs ! ~itizens l I I lscale ~ l earth 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 LAW NO. H. B. NO. 9-294, (c) Such lands as are leased or permitted in accordance with the provisions of this Act may not be used for the collateralization of loans or debts. Neither may they be subleased or transferred to another individual or individuals without the approval of the Director of Natural Resources according to Natural Resources regulations. (d) Such lands as are leased or permitted in accordance with the of this Act may not be improved with any permanent structures except those consistent with the use the land, such as tool and equipment sheds, etc. In no case shall temporary or permanent residential buildings, or commercial structures be considered as consistent with appropriate use. Hydroponics facilities may only be build in these areas where the soil is not of sufficient depth to make crop farming feasible, such feasibility to be determined by the Plant and Industry Division of the Department of Natural Resources or its successor. (e) In the event the CNMI government takes back the land from a lessee or permit holder, prior to the expiration of the lease or permit, the lessee or holder must be compensated by the CNMI government for the remainder of the lease or permit, for unharvested crops and for the replacement cost of any legal improvements made by the lessee or permit holder to the land. Section 3. Severabilitv. 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 urisdiction, the remainder of this Act or the application of its provisions to persons or ircumstances 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 as affecting any existing right acquired under contract or acquired under statutes epealed or under any rule, regulation or order adopted under the statutes. Repealers contained n this Act shall not affect any proceeding instituted under or pursuant to prior law. The nactment of this Act shall not have the effect of terminating, or in any way modifying, any iability civil or criminal, which shall already be in existence at the date this Act becomes ffective. Page 2 i ~revision ~ l ii onstrued barns, '9-70", H.D.1 provisions permit 1 2 PUBLIC LAW NO H. B. NO. 9-294, H.D.l Section 5 . Effective Date. This Act shall take effect upon its approval by the upon its becoming law without such approval. CERTIFIED BY: DI 0 Speaker House of Representatives ATTESTED BY: EVELYNC. L MING I I I Commonwealth of the Northern Islands Page 3 r ~2~ DIO T.BENA VENTE +,wJ t!f it~lu ,1W5 FROitAN C.JENORIO V Goverf10r Mariana Governor