CJMT EIS/OEIS Appendix K April 2015 Draft Land Use Agreements APPENDIX K SUMMARY OF HISTORICAL LAND USE AGREEMENTS BETWEEN THE U.S. AND THE CNMI

This appendix provides a historical timeline of land use agreements and real property relations between the U.S. military and the Commonwealth of the Northern (CNMI) authorities. Land use agreements are shown chronologically by year, with the agreement title and a brief description of the contents.

Table K-1. Land Use Agreements Year of Document Title Description Agreement Government of the Trust Territory of the Use and Occupancy Agreement for Pacific Islands, District, grants use of 1944 Area 4 N., Saipan, Mariana Islands land to U.S. for Coast Guard Loran Station, Saipan. Grant to U.S.: 17,798 acres on , 206 1965 Lease Agreement acres (all of) . 20-year agreement with option for 10 more years. U.S. provides license to the Government of License to the Government of the the Trust Territory of the Pacific islands for Trust Territory of the Pacific Islands for 1970 the use of portions (1,311 acres) of leased the Use of Real Property Within a U.S. lands on Tinian for cattle grazing and Military Retention Area, Tinian farming. Use and Occupancy Agreement for Land in the Trust Territory of the Trust Territory grants U.S. rights to use land Pacific Islands, the Administrative 1971 (22.6 acres) for Loran Station and other Responsibility of the Department of facilities (including housing) (Saipan). Interior. U.S. Coast Guard Loran Station and Related Facilities, Saipan Amendment to Joint Use Agreement for Trust Territory and U.S. Use of Isley Airfield. First Amendment of Joint Use Amended to add one paragraph. Paragraph 1973 Agreement for Isley Airfield, Saipan grants the Trust Territory use of additional areas required for Runway Clear Zone purposes. License to the Government of the U.S. grants license to the Trust Territory to Trust Territory of the Pacific Islands for use a portion of Tanapag Harbor, Saipan. All 1973 the Use of Real Property within a U.S. of Tanapag Harbor had been granted to U.S. Military Retention Area, Saipan in 1944.

K-1 CJMT EIS/OEIS Appendix K April 2015 Draft Land Use Agreements

Table K-1. Land Use Agreements Year of Document Title Description Agreement License to the Government of the U.S. grants license to the Trust Territory to Trust Territory of the Pacific Islands for 1973 use "Charlie Dock" (Tanapag Harbor, the Use of Real Property within a U.S. Saipan). Military Retention Area Covenant to Establish a Mutually binding covenant. People of the Commonwealth of the Northern 1975 CNMI guaranteed rights to self- Mariana Islands in Political Union with determination. the United States of America Sets forth the lands to be leased to the U.S. Technical Agreement Regarding Use of on Saipan, Tinian, and Farallon de Medinilla; 1975 Land to be Leased by the United States conditions leasebacks, all in conjunction in the with the covenant establishing the CNMI. License to the Government of the U.S. grants the Trust territory license to use Trust Territory of the Pacific Islands for 1975 additional portions of Tanapag Harbor, the use of Real Property within a Saipan. United States Military Retention Area Congressional Approval of Covenant to Establish a Commonwealth of the Public Law 94-241, Mar. 24, 1976, 90 Stat. 1976 Northern Mariana Islands in Political 263 Union with the United States of America U.S. licenses use of Area 15, Saipan 1976 License (Nafutan-Obiam Bomb Dump) to the CNMI government for a term of 5 years. License to Government of Northern Mariana Islands for Use of Real U.S. grants use of additional lands at 1977 Property within a United States Tanapag Harbor to the CNMI government. Military Retention Area Proclamation by the President of the U.S. Proclamation by the President of the that the Covenant was approved by 1977 United States of America Congress, that the people of the CNMI have approved their constitution. The CNMI grants permit to U.S. to enter and Permit - Use by the United States of occupy a northern portion of Tinian for America of Farallon de Medinilla and a Amphibious assault training exercises and 1978 Portion of Tinian, Northern Mariana the entirety of Farallon de Medinilla for Islands aircraft and ship ordnance impact target area. Use and Occupancy Agreement for The CNMI grant of use and occupancy (to Land in the Northern Mariana Islands, 1978 U.S.) for Coast Guard Loran Station and for Coast Guard Loran Station and Related the housing of U.S. Coast Guard Personnel. Facilities, Saipan, CNMI Provides for continued use of Farallon de Interim Permit for Use of Farallon de Medinilla as a target impact range and a 1978 Medinilla and Portion of Tinian, portion of Tinian for amphibious military Northern Mariana Islands training. Supersedes Permit NF(R)-28906.

K-2 CJMT EIS/OEIS Appendix K April 2015 Draft Land Use Agreements

Table K-1. Land Use Agreements Year of Document Title Description Agreement Second Rental Agreement, Public Land Provides for renegotiation of rental 1979 Lease Agreement, Tinian, Northern agreement for Tinian. Mariana Islands Lease Agreement Made pursuant to Renewal of lease for an additional 50 years the Covenant to Establish a (1983-2033); 17,089 acres on Tinian; 177 1983 Commonwealth of the Northern acres on Saipan; 206 acres on Farallon de Mariana Islands in Political Union with Medinilla (the entire Island). the U.S. Since the Marianas Public land Corporation Land Acquisition and Deferred (the legal land entity under the constitution Payment Agreement Between CNMI, of the CNMI) had not acquired certain 1983 the Marianas Public Land Corporation, homestead parcels on Tinian, this agreement and the U.S. set forth a deferred payment plan for those parcels. Memorandum for the Assistant The Department of the Navy is assigned Secretary of the Navy. Assignment of custody and accountability for leased areas 1983 Accountability for Leased Property in in the CNMI on behalf of the Department of the Northern Mariana Islands Defense. Grant of land use for Tracking Station and 1987 Agreement rights-of-way for utilities lines (Saipan). Host-tenant Real Estate Agreement. Commander U.S. Naval Forces, Agreement to use 5 acres within Tanapag 1987 Marianas Military Lease Area, Tanapag Harbor, Saipan as an Army Reserve center. Harbor, Saipan, CNMI Leaseback to the CNMI Tanapag Harbor only Leaseback Agreement between CNMI 1988 to exclude the 5 acres used for the Army and U.S. Reserve Center. Leaseback Agreement between the Leaseback of 709 acres to Commonwealth 1988 CNMI and U.S. Ports Authority (Tinian), West Field. Identifies: 177 acres leased on Saipan; 17,799 acres on Tinian (7,500 exclusive military, 709 acres leased back for West Naval Facilities Assets Database Real Field, and 8,345 acres leaseback for 1994 Property Inventory; End of Year grazing); 206 acres (all of) Farallon de Processing and Disposal Agreement Medinilla for naval gunnery. U.S. disposes of the area south of West Field, containing approximately 1,245 acres. U.S. releases, remises, quitclaims to the Partial Termination Agreement 1996 Commonwealth: "that portion of…Saipan- Between CNMI and U.S. Tanapag Harbor…39 acres" Partial Release of Leasehold Interest U.S. releases leasehold interest in areas in 1999 between CNMI and U.S. the southern portions of Tinian. Memorandum of Understanding Purpose of Memorandum of Understanding Proposed Partial Termination of Tinian 2005 is to document the process to facilitate a Leasehold Interest and Release possible termination. Process Legend: U.S. = United States.

K-3