PROBLEMS WITH FEDERAL LAWS
There is no federal
ries should be treated in
result, some laws apply
Many territory officials
extended without adequate
that they constrain local
policy which details how the territoformulating and extending laws.
As a
to some territories but not others.
believe that some federal laws are
consideration of local conditions and
development efforts.
The federal government acknowledged the problems created by
federal laws as early as 1950 and 1954 when temporary laws commissions were created for Guam and the Virgin Islands, respectively.
Since 1980, several efforts have been initiated to help
remedy the problem, including the creation of a laws commission
for the Northern Mariana Islands in 1980 and a Department of
Interior study of federal laws begun in 1981.
Both efforts are
ongoing.
In addition, at least one area of concern to the
Pacific territories--fishing--has been studied by the Department
of Commerce National Marine Fisheries Service.
Inconsistent application
of federal laws
Table
3 illustrates
inconsistently applied.
and
others
as
Go nat provide
some
constraints
benefits
categories
of
laws
Territorial officials cite
to
economic development
received
by other
which
are
these laws
because
territories,
do
they
recognize a unique local condition, are costly to implement,
deprive the territory of a means to generate revenue.
Federal officials involved
believe that,
not
or
in examining the legal questions
for the most part,
the
territories are
added to
legislation with little consideration of the potential impact on
them and must fend for themselves when a law or program causes a
problem.
Table 3
Examples of Inconsistent Application of Federal Laws
Puerto
Rico
Jones Act
Immigration and
Nationality Act
(INA)
Internal Revenue
Code
Virgin
Islands
American
Samoa
i
Guam
NMI
Applies
in part
Exempt
Exempt
Applies
Exempt
Applies
Applies
Exempt
Applies
Exempt
Exempt
Applies
Exempt
Applies
Applies@
4Effective January 1, 1985
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