48 U.S.C. § 1824 — Relations between courts of United States

Page 207 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1824 Constitution and laws of the Northern Mariana Islands provide, except that such Constitution and laws may not preclude the review of any judgment or order which involves the Constitu- tion, treaties, or laws of the United States, in- cluding the Covenant to Establish a Common- wealth of the Northern Mariana Islands in Polit- ical Union with the United States of America (90 Stat. 263) (hereinafter referred to as ‘‘Cov- enant’’), or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law en- acted by the legislature of the Northern Mar- iana Islands or of any orders or regulations issued or actions taken by the executive branch of the government of the Northern Mariana Is- lands with the Constitution, treaties, or laws of the United States, including the Covenant or with any authority exercised thereunder by an officer or agency of the United States. (b) Appellate division of District Court; quorum; presiding judge; designation of judges; deci- sions Appeals to the district court shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the President shall be the pre- siding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time pursuant to section 1821(b)(2) of this title: Provided, That no more than one of them may be a judge of a court of record of the Northern Mar- iana Islands. The concurrence of two judges shall be necessary to any decision by the appel- late division of the district court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. (c) United States Court of Appeals for Ninth Cir- cuit; jurisdiction; appeals; rules The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have juris- diction to promulgate rules necessary to carry out the provisions of this subsection. (Pub. L. 95–157, § 3, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, § 903, Oct. 5, 1984, 98 Stat. 1744.) Editorial Notes REFERENCES IN TEXT The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in subsec. (a), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. CODIFICATION Section was formerly classified to section 1694b of this title. AMENDMENTS 1984—Pub. L. 98–454 designated existing provisions as subsec. (a), substituted provisions governing the appel- late jurisdiction of the District Court prior to the es- tablishment of the appellate court for former provi- sions which related to the appellate jurisdiction of the court and certain procedural matters which are covered under subsec. (b), and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. EFFECTIVE DATE For effective date of this section, see section 1825 of this title and Effective Date of Constitution note there- under. § 1824. Relations between courts of United States and courts of Northern Mariana Islands; ap- plicability of statutory provisions (a) The relations between the courts estab- lished by the Constitution or laws of the United States and the courts of the Northern Mariana Islands with respect to appeals, certiorari, re- moval of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States including the Supreme Court of the United States, and the courts of the sev- eral States in such matters and proceedings, ex- cept as otherwise provided in article IV of the covenant: Provided, That for the first fifteen years following the establishment of an appel- late court of the Northern Mariana Islands the United States court of appeals for the judicial circuit which includes the Northern Mariana Is- lands shall have jurisdiction of appeals from all final decisions of the highest court of the North- ern Mariana Islands from which a decision could be had in all cases involving the Constitution, treaties, or laws of the United States, or any au- thority exercised thereunder, unless those cases are reviewable in the District Court for the Northern Mariana Islands pursuant to section 1823 of this title. (b) Those portions of title 28 which apply to Guam or the District Court of Guam shall be ap- plicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in ar- ticle IV of the covenant. The district court es- tablished by this subchapter shall be a district court as that term is used in section 3006A of title 18. (Pub. L. 95–157, § 4, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, § 904, Oct. 5, 1984, 98 Stat. 1745.) Editorial Notes REFERENCES IN TEXT The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. Page 208 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1825 CODIFICATION Section was formerly classified to section 1694c of this title. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–454 inserted ‘‘including the Supreme Court of the United States,’’ after ‘‘courts of the United States’’ in first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. EFFECTIVE DATE For effective date of this section, see section 1825 of this title and Effective Date of Constitution note there- under. § 1825. Effective date This subchapter shall come into force upon its approval or at the time proclaimed by the Presi- dent for the Constitution of the Northern Mar- iana Islands to become effective, whichever is the later date. (Pub. L. 95–157, § 5, Nov. 8, 1977, 91 Stat. 1267.) Editorial Notes CODIFICATION Section was formerly classified to section 1694d of this title. Executive Documents EFFECTIVE DATE OF CONSTITUTION For provisions of proclamation of President relating to effective date for Constitution of Northern Mariana Islands, see Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, set out as a note under section 1801 of this title. § 1826. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this subchapter. (Pub. L. 95–157, § 6, Nov. 8, 1977, 91 Stat. 1267.) Editorial Notes CODIFICATION Section was formerly classified to section 1694e of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 1825 of this title and Effective Date of Constitution note there- under. SUBCHAPTER III—MISCELLANEOUS § 1841. Funds and services (a) Acquisition and construction of powerplant and distribution facilities There is hereby authorized to be appropriated for expenditure after October 1, 1978, not more than $12,000,000 plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs from October 1978 price levels as indicated by engineering cost indexes applicable to the types of construction involved, to assist in the acquisition and con- struction of a powerplant for the Northern Mar- iana Islands together with upgrading, rehabili- tation, or replacement of distribution facilities. (b) Services and facilities of Federal agencies; grants-in-aid; availability of appropriations in succeeding fiscal years (1) The government of the Northern Marianas in carrying out the purposes of this Act, Public Law 95–134, or Public Law 94–241 [48 U.S.C. 1801 et seq.], may utilize, to the extent practicable, the available services and facilities of agencies and instrumentalities of the Federal Govern- ment on a reimbursable basis. Such amounts may be credited to the appropriation or fund which provided the services and facilities. Agen- cies and instrumentalities of the Federal Gov- ernment may, when practicable, make available to the government of the Northern Marianas, upon request of the Secretary, such services and facilities as they are equipped to render or fur- nish, and they may do so without reimburse- ment if otherwise authorized by law. (2) Any funds made available to the Northern Mariana Islands under grant-in-aid programs by section 502 of the Covenant To Establish a Com- monwealth of the Northern Mariana Islands in Political Union With the United States of Amer- ica (Public Law 94–241), or pursuant to any other Act of Congress enacted after March 24, 1976, are hereby authorized to remain available until ex- pended. (3) Any amount authorized by the Covenant described in paragraph (2) or by any other Act of Congress enacted after March 24, 1976, which au- thorizes appropriations for the Northern Mar- iana Islands, but not appropriated for a fiscal year is authorized to be available for appropria- tion in succeeding fiscal years. (c) Supplemental nutrition assistance program benefits and distribution of donated foods Notwithstanding the provisions of the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.], the Secretary of Agriculture is authorized, upon the request of the Governor of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with section 5 and 7 of ar- ticle II of the Constitution of the Northern Mar- iana Islands, and for the period during which such legislation is effective, (1) to implement a supplemental nutrition assistance program in part or all of the Northern Mariana Islands with such income and household standards of eligi- bility, deductions, and allotment values as the Secretary determines, after consultation with the Governor, to be suited to the economic and social circumstances of such islands: Provided, That in no event shall such income standards of eligibility exceed those in the forty-eight con- tiguous States, and (2) to distribute or permit a distribution of federally donated foods in any part of the Northern Mariana Islands for which the Governor has not requested that the supple- mental nutrition assistance program be imple- mented. This authority shall remain in effect