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

i

:

;
4

30°

9000231.

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