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Calendar No. 64
105th Congress Report
SENATE
1st Session 105-22
_______________________________________________________________________
TERRITORIES AND FREELY ASSOCIATED STATES
_______
May 28, 1997.--Ordered to be printed
Filed, under authority of the order of the Senate of May 23, 1997
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 210]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 210) to amend the Organic Act of Guam,
the Revised Organic Act of the Virgin Islands, and the Compact
of Free Association Act, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND FOOD PROGRAMS.
Section 103(h)(2) of the Compact of Free Association Act of 1985
(48 U.S.C. 1903(h)(2)) is amended by striking ``ten'' and inserting
``fifteen'' and by adding at the end of subparagraph (B) the following:
``The President shall ensure that the amount of commodities provided
under these programs reflects the changes in the population that have
occurred since the effective date of the Compact.''.
SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.
Section 8 of the Organic Act of Guam (48 U.S.C. 1422b), as amended,
is further amended by adding at the end thereof the following new
subsection:
``(e) An absence from Guam of the Governor or the Lieutenant
Governor, while on official business, shall not be a `temporary
absence' for the purposes of this section.''
SEC. 3. TERRITORIAL LAND GRANT COLLEGES.
(a) Land Grant Status.--Section 506(a) of the Education Amendments
of 1972 (Public Law 92-318, as amended; 7 U.S.C. 301 note) is amended
by striking ``the College of Micronesia,'' and inserting ``the College
of the Marshall Islands, the College of Micronesia-FSM, the Palau
Community College,''.
(b) Endowment.--The amount of the land grant trust fund
attributable to the $3,000,000 appropriation for Micronesia authorized
by the Education Amendments of 1972 (Public Law 92-318, as amended; 7
U.S.C. 301 note) shall, upon enactment of this Act, be divided equally
among the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau for the benefit of the College of
the Marshall Islands, the College of Micronesia-FSM, and the Palau
Community College.
(c) Treatment.--Section 1361(c) of the Education Amendments of 1980
(Public Law 96-374, as amended; 7 U.S.C. 301 note) is amended by
striking ``and the Trust Territory of the Pacific Islands (other than
the Northern Mariana Islands)'' and inserting ``the Republic of the
Marshall Islands, the Federated States of Micronesia, and the Republic
of Palau''. The proportion of any allocation of funds to the Trust
Territory of the Pacific Islands under any Act in accordance with
section 1361(c) of Public Law 96-374 prior to the enactment of this Act
shall hereafter remain the same with the amount of such funds divided
as may be agreed among the Federated States of Micronesia, the Republic
of the Marshall Islands, and the Republic of Palau.
SEC. 4. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL
PROPERTY IN GUAM.
(a) Transfer of Excess Real Property.--(1) Except as provided in
subsection (d), before screening excess real property located on Guam
for further Federal utilization under section 202 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471, et
seq.) (hereinafter the ``Property Act''), the Administrator shall
notify the Government of Guam that the property is available for
transfer pursuant to this section.
(2) If the Government of Guam, within 180 days after receiving
notification under paragraph (1), notifies the Administrator that the
Government of Guam intends to acquire the property under this section,
the Administrator shall transfer such property in accordance with
subsection (b). Otherwise, the property shall be disposed of in
accordance with the Property Act.
(b) Conditions of Transfer.--(1) Any transfer of excess real
property to the government of Guam for other than a public purpose
shall be for consideration equal to the fair market value.
(2) Any transfer of excess real property to the government of Guam
for a public purpose shall be without further consideration.
(3) All transfers of excess real property to the government of Guam
shall be subject to such restrictive covenants as the Administrator, in
consultation with the Secretary of Defense, in the case of property
reported excess by a military department, determines in their sole
discretion to be necessary to ensure that (A) the use of the property
is compatible with continued military activities on Guam, (B) the use
of the property is consistent with the environmental condition of the
property; (C) access is available to the United States to conduct any
additional environmental remediation or monitoring that may be
required; (D) to the extent the property was transferred for a public
purpose, that the property is so utilized; and (E) to the extent the
property has been leased by another Federal agency for a minimum of two
(2) years under a lease entered into prior to May 1, 1997, that the
transfer to the government of Guam be subject to the terms and
conditions of those leasehold interests.
(4) All transfers of excess real property to the Government of Guam
are subject to all otherwise applicable Federal laws.
(c) Definitions.--For the purposes of this section:
(1) the term ``Administrator'' means--
(A) the Administrator of General Services; or
(B) the head of any Federal agency with the authority
to dispose of excess real property on Guam.
(2) The term ``base closure law'' means the Defense
Authorization Amendments and Base Closure and Realignment Act
of 1988 (Public Law 100-526), the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510), or similar base
closure authority.
(3) The term ``excess real property'' means excess property
(as that term is defined in section 3 of the Property Act) that
is real property and was acquired by the United States prior to
enactment of this section.
(4) The term ``Guam National Wildlife Refuge'' includes those
lands within the refuge overlay under the jurisdiction of the
Department of Defense, identified as DoD lands in figure 3, on
page 74, and as submerged lands in figure 7, on page 78 of the
``Final Environmental Assessment for the Proposed Guam National
Wildlife Refuge, Territory of Guam, July 1993'' to the extent
that the federal government holds title to such lands.
(5) The term ``public purpose'' means those public benefit
purposes for which the United States may dispose of property
pursuant to section 203 of the Property Act, as implemented by
the Federal Property Management Regulations (41 C.F.R. 101-47)
or other public benefit uses provided under the Guam Excess
Lands Act (P.L. 103-339, 108 Stat. 3116).
(d) Exemptions.--Notwithstanding that such property may be excess
real property, the provisions of this section shall not apply:
(1) to real property on Guam that is declared excess by the
Department of Defense for the purpose of transferring that
property to the Coast Guard; or
(2) to real property on Guam that is declared excess by the
managing Federal agency for the purpose of transferring that
property to the Federal Agency which has occupied the property
for a minimum of two (2) years at the time the property is
declared excess and which was occupying such property prior to
May 1, 1997.
(3) to real property on Guam that is located within the Guam
National Wildlife Refuge, which shall be transferred according
to the following procedure:
(A) the Administrator shall notify the government of
Guam and the Fish and Wildlife Service that such
property has been declared excess. The government of
Guam and the Fish and Wildlife Service shall have 180
days to engage in discussions toward an agreement
providing for the future ownership and management of
such real property.
(B) If the parties reach an agreement under paragraph
(A) within 180 days after notification of the
declaration of excess, the real property shall be
transferred and managed in accordance with such
agreement: Provided, That such agreement shall be
transmitted to the Committee on Energy and Natural
Resources of the United States Senate and the
appropriate committees of the United States House of
Representatives not less than 60 days prior to such
transfer and any such transfer shall be subject to the
other provisions of this section.
(C) If the parties do not reach an agreement under
paragraph (A) within 180 days after notification of the
declaration of excess, the Administrator shall provide
a report to Congress on the status of the discussions,
together with his recommendations on the likelihood of
resolution of differences and the comments of the Fish
and Wildlife Service and the government of Guam. If the
subject property is under the jurisdiction of a
military department, the military department may
transfer administrative control over the property to
the General Services Administration.
(D) If the parties come to agreement prior to
Congressional action, the real property shall be
transferred and managed in accordance with such
agreement: Provided, That such agreement shall be
transmitted to the Committee on Energy and Natural
Resources of the United States Senate and the
appropriate committees of the United States House of
Representatives not less than 60 days prior to such
transfer and any such transfer shall be subject to the
other provisions of this section.
(E) Absent an agreement on the future ownership and
use of the property, such property may not be
transferred to another federal agency or out of federal
ownership except pursuant to an Act of Congress
specifically identifying such property.
(4) to real property on Guam that is declared excess as a
result of a base closure law, except that with respect to
property identified for disposal prior to the date of enactment
of this section, such lands shall be subject to subsection (b)
of this section.
(e) Dual Classification Property.--If a parcel of real property on
Guam that is declared excess as a result of a base closure law also
falls within the boundary of the Guam National Wildlife Refuge, such
parcel of property shall be disposed of in accordance with the base
closure law.
(f) Authority to Issue Regulations.--The Administrator of General
Services, after consultation with the Secretary of Defense and the
Secretary of Interior, may issue such regulations as he deems necessary
to carry out this section.
SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.
Section 901(a)(2) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3791(a)(2)) is amended to read as follows:
``(2) `State' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Commonwealth of the Northern Mariana Islands;''.
SEC. 6. AMENDMENTS TO THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS.
(a) Temporary Absence of Officials.--Section 14 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1595) is amended by adding
at the end of the following new subsection:
``(g) An absence from the Virgin Islands of the Governor or the
Lieutenant Governor, while on official business, shall not be a
`temporary absence' for purposes of this section.''.
(b) Priority of Bonds.--Section 3 of Public Law 94-392 (90 Stat.
1193, 1195) is amended--
(1) by striking ``priority for payment'' and inserting ``a
parity lien with every other issue of bonds or other
obligations issued for payment''; and
(2) by striking ``in the order of the date of issue''.
(c) Application.--The amendments made by subsection (b) shall apply
to obligations issued on or after the date of enactment of this
section.
(d) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat.
1193) is amended by adding the following new subsection at the end
thereof:
``(d) The legislature of the government of the Virgin Islands may
cause to be issued notes in anticipation of the collection of the taxes
and revenues for the current fiscal year. Such notes shall mature and
be paid within one year from the date they are issued. No extension of
such notes shall by valid and no additional notes shall be issued under
this section until all notes issued during a preceeding year shall have
been paid.''
SEC. 7. COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN ISLANDS.
(a) Establishment and Membership.--
(1) There is hereby established a Commission on the Economic
Future of the Virgin Islands (the ``Commission''). The
Commission shall consist of six members appointed by the
President, two of whom shall be selected from nominations made
by the Governor of the Virgin Islands. The President shall
designate one of the members of the Commission to be Chairman.
(2) In addition to the six members appointed under paragraph
(1), the Secretary of the Interior shall be an ex-officio
member of the Commission.
(3) Members of the Commission appointed by the President
shall be persons who by virtue of their background and
experience are particularly suited to contribute to achievement
of the purposes of the Commission.
(4) Members of the Commission shall serve without
compensation, but shall be reimbursed for travel, subsistence
and other necessary expenses incurred by them in the
performance of their duties.
(5) Any vacancy in the Commission shall be filled in the same
manner as the original appointment was made.
(b) Purpose and Report.--
(1) The purpose of the Commission is to make recommendations
to the President and Congress on the policies and actions
necessary to provide for a secure and self-sustaining future
for the local economy of the Virgin Islands through 2020 and on
the role of the Federal Government. In developing
recommendations, the Commission shall--
(A) solicit and analyze information on projected
private sector development and shifting tourism trends
based on alternative forecasts of economic, political
and social conditions in the Caribbean;
(B) analyze capital infrastructure, education,
social, health, and environmental needs in light of
these alternative forecasts; and
(C) assemble relevant demographic, economic, and
revenue and expenditure data from over the past twenty-
five years.
(2) The recommendations of the Commission shall be
transmitted in a report to the President, the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Resources of the United States House of
Representatives no later than June 30, 1999. The report shall
set forth the basis for the recommendations and include an
analysis of the capability of the Virgin Islands to meet
projected needs based on reasonable alternative economic,
political and social conditions in the Caribbean, including the
possible effect of expansion in the near future of Cuba in
trade, tourism and development.
(c) Powers.--
(1) The Commission may--
(A) hold such hearings, sit and act at such times and
places, take such testimony and receive such evidence
as it may deem advisable;
(B) use the United States mail in the same manner and
upon the same conditions as departments and agencies of
the United States; and
(C) within available funds, incur such expenses and
enter into contracts or agreements for studies and
surveys with public and private organizations and
transfer funds to Federal agencies to carry out the
Commission's functions.
(2) Within funds available for the Commission, the Secretary
of the Interior shall provide such office space, furnishings,
equipment, staff, and fiscal and administrative services as the
Commission may require.
(3) The President, upon request of the Commission, may direct
the head of any Federal agency or department to assist the
Commission and if so directed such head shall--
(A) furnish the Commission to the extent permitted by
law and within available appropriations such
information as may be necessary for carrying out the
functions of the Commission and as may be available to
or procurable by such department or agency; and
(B) detail to temporary duty with the Commission on a
reimbursable basis such personnel within his
administrative jurisdiction as the Commission may need
or believe to be useful for carrying out its functions,
each such detail to be without loss of seniority, pay
or other employee status.
(d) Chairman.--Subject to general policies that the Commission may
adopt, the Chairman of the Commission shall be the chief executive
officer of the Commission and shall exercise its executive and
administrative powers. The Chairman may take such provisions as he may
deem appropriate authorizing the performance of his executive and
administrative functions by the staff of the Commission.
(e) Funding.--There is hereby authorized to be appropriated to the
Secretary of the Interior such sums as may be necessary, but not to
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and
1999 for the work of the Commission.
(f) Termination.--The Commission shall terminate three months after
the transmission of the report and recommendations under subsection
(b)(2).
SEC. 8. COMPACT IMPACT REPORTS.
Paragraph 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is
amended by deleting ``President shall report to the Congress with
respect to the impact of the Compact on the United States territories
and commonwealths and on the State of Hawaii.'' and inserting in lieu
thereof, ``Governor of any of the United States territories or
commonwealths or the State of Hawaii may report to the Secretary of the
Interior by February 1 of each year with respect to the impacts of the
compacts of free association on the Governor's respective jurisdiction.
The Secretary of the Interior shall review and forward any such reports
to the Congress with the comments of the Administration. The Secretary
of the Interior shall, either directly or, subject to available
technical assistance funds, through a grant to the affected
jurisdiction, provide for a census of Micronesians at intervals no
greater than five years from each decenial United States census using
generally acceptable statistical methodologies for each of the impact
jurisdictions where the Governor requests such assistance, except that
the total expenditures to carry out this sentence may not exceed
$300,000 in any year.''
SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.
(a) Section 214(a) of the Housing Community Development Act of 1980
(42 U.S.C. 1436(a)) is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(7) an alien who is lawfully resident in the United
States and its territories and possessions under
section 141 of the Compacts of Free Association between
the Government of the United States and the Governments
of the Marshall Islands, the Federated States of
Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C.
1931 note) while the applicable section is in effect:
Provided, That, within Guam and the Commonwealth of the
Northern Mariana Islands any such alien shall not be
entitled to a preference in receiving assistance under
this Act over any United States citizen or national
resident therein who is otherwise eligible for such
assistance.''.
SEC. 10. AMERICAN SAMOA STUDY COMMISSION.
(a) Short Title.--This section may be cited as ``The American Samoa
Development Act of 1997''.
(b) Establishment and Membership.--
(1) There is hereby established a Commission on the Economic
Future of American Samoa (the ``Commission''). The Commission
shall consists of six members appointed by the President, three
of whom shall be selected from nominations made by the Governor
of American Samoa, and the Secretary of the Interior ex
officio. The President shall designate one of the appointed
members of the Commission to be Chairman.
(2) Members of the Commission appointed by the President
shall be persons who by virtue of their background and
experience are particularly suited to contribute to achievement
of the purposes of the Commission.
(3) Members of the Commission shall serve without
compensation, but shall be reimbursed for travel, subsistence
and other necessary expenses incurred by them in the
performance of their duties.
(4) Any vacancy in the Commission shall be filled in the same
manner as the original appointment was made.
(c) Purpose and Report.--
(1) The purpose of the Commission is to make recommendations
to the President and Congress on the policies and actions
necessary to provide for a secure and self-sustaining future
for the local economy of American Samoa through 2020 and on the
role of the Federal Government. In developing recommendations,
the Commission shall--
(A) solicit and analyze information on projected
private sector development, including, but not limited
to, tourism, manufacturing and industry, agriculture,
and transportation and shifting trends based on
alternative forecasts of economic, political and social
conditions in the Pacific;
(B) analyze capital infrastructure, education,
social, health, and environmental needs in light of
these alternative forecasts;
(C) assemble relevant demographic, economic, and
revenue and expenditure data from over the past twenty-
five years;
(D) review the application of federal laws and
programs and the effects of such laws and programs on
the local economy and make such recommendations for
changes in the application as the Commission deems
advisable;
(E) consider the impact of federal trade and other
international agreements, including, but not limited to
those related to marine resources, on American Samoa
and make such recommendations as may be necessary to
minimize or eliminate any adverse effects on the local
economy.
(2) The recommendations of the Commission shall be
transmitted in a report to the President, the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Resources of the United States House of
Representatives no later than June 30, 1999. The report shall
set forth the basis for the recommendations and include an
analysis of the capability of American Samoa to meet projected
needs based on reasonable alternative economic, political and
social conditions in the Pacific Basin. The report shall also
include projections of the need for direct or indirect federal
assistance for operations and infrastructure over the next
decade and what additional assistance will be necessary to
develop the local economy to a level sufficient to minimize or
eliminate the need for direct federal operational assistance.
As part of the report, the Commission shall also include an
overview of the history of American Samoa and its relationship
to the United States from 1872 with emphasis on those events or
actions that affect future economic development and shall
include, as an appendix to its report, copies of the relevant
historical documents, including, but not limited to, the
Convention of 1899 (commonly referred to as the Tripartite
Treaty) and the documents of cession of 1900 and 1904.
(d) Powers.--
(1) The Commission may--
(A) hold such hearings, sit and act at such times and
places, take such testimony and receive such evidence
as it may deem advisable: Provided, That the Commission
shall conduct public meetings in Tutuila, Ofu, Olosega,
and Tau;
(B) use the United States mail in the same manner and
upon the same conditions as departments and agencies of
the United States; and
(C) within available funds, incur such expenses and
enter into contracts or agreements for studies and
surveys with public and private organizations and
transfer funds to Federal agencies to carry out the
Commission's functions.
(2) Within funds available for the Commission, the Secretary
of the Interior shall provide such office space, furnishings,
equipment, staff, and fiscal and administrative services as the
Commission may require.
(3) The President, upon request of the Commission, may direct
the head of any Federal agency or department to assist the
Commission and if so directed such head shall--
(A) furnish the Commission to the extent permitted by
law and within available appropriations such
information as may be necessary for carrying out the
functions of the Commission and as may be available to
or procurable by such department or agency; and
(B) detail to temporary duty with the Commission on a
reimbursable basis such personnel within his
administrative jurisdiction as the Commission may need
or believe to be useful for carrying out its functions,
each such detail to be without loss of seniority, pay
or other employee status.
(e) Chairman.--Subject to general policies that the Commission may
adopt, the Chairman of the Commission shall be the chief executive
officer of the Commission and shall exercise its executive and
administrative powers. The Chairman may make such provisions as he may
deem appropriate authorizing the performance of his executive and
administrative functions by the staff of the Commission.
(f) Funding.--There are hereby authorized to be appropriated to the
Secretary of the Interior such sums as may be necessary, but not to
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and
1999 for the work of the Commission.
(g) Termination.--The Commission shall terminate three months after
the transmission of the report and recommendations under subsection
(c)(2).
SEC 11. FEDERAL PROGRAMS COORDINATION IN THE FREELY ASSOCIATED STATES
AND PROVISIONS FOR BIKINI.
(a) Section 108 of Public Law 101-219 (103 Stat. 1870, 1872) is
amended by deleting ``shall station'' and inserting in lieu thereof
``shall, subject to appropriations, station''.
(b) Section 501 of Public Law 95-134 is amended by deleting ``the
Trust Territory of the Pacific Islands,'' and inserting in lieu thereof
``the Republic of the Marshall Islands, the Federated States of
Micronesia, the Republic of Palau,''.
(c) Under the heading ``COMPACT OF FREE ASSOCIATION'' in Title I--
DEPARTMENT OF THE INTERIOR of Public Law 100-446 (102 Stat. 1774, 1798)
delete ``$2,000,000 in any year from income for projects on Kili or
Ejit:'' and insert in lieu thereof ``$2,500,000 in any year from income
for projects on Kili or Ejit: Provided further, That commencing on
October 1, 1998 and every year thereafter, this dollar amount shall be
changed to reflect any fluctuation occurring during the previous twelve
months in the Consumer Price Index, as determined by the Secretary of
Labor:''.
Purpose of the Measure
As introduced, S. 210 provides a five year extension to the
supplemental food assistance program for Enewetak and adjusts
the program to reflect population changes; modifies the
authorization for the Memorial Park in Saipan; provides for
administrative separation of the land grant institutions within
the freely associated states; amends the 1950 Organic Act of
Guam with respect to disposal of excess property; modifies the
definition of State to list each of the territories under the
1968 Crime Control Act; amends the Revised Organic Act of the
Virgin Islands with respect to the authority of the Governor
when absent from the territory on official business and permits
the issuance of parity rather than priority bonds; creates
economic study commissions for the Virgin Islands and American
Samoa; requires HHS to provide assistance for direct radiation
related medical surveillance and treatment programs as provided
under section 177(b) of the Compact of Free Association;
clarifies the status of residents of the freely associated
states for housing assistance; and provides the consent of the
United States to certain amendments to the Hawaiian Homes
Commission Act.
Background and Need
S. 210 is an omnibus measure that includes provisions
dealing with the territories of American Samoa, the Virgin
Islands, Guam, and the Commonwealth of the Northern Mariana
Islands. It also contains provisions dealing with the State of
Hawaii as well as the freely associated states of the Republic
of Palau, the Federated States of Micronesia, and the Republic
of the Marshall Islands. The discussion of the various
provisions of the legislation is grouped by jurisdiction.
American Samoa
Background
The Samoan Islands had been the scene of conflict between
the United States, Germany, and Great Britain during the latter
half of the 19th century. By the treaty of Berlin in 1899,
Great Britain and Germany renounced any interest in the Tutuila
and Manu'a islands. In 1900 the matai (chiefs) of Tutuila
formally ceded the islands of Tutuila and Aunu'u to the United
States. In 1904, the king and matai of Manu'a ceded the islands
of Ta'u, Ofu, Olosega, and Rose Atoll to the United States. The
cessions were retroactively ratified in 1929. Under the terms
of cession, the United States is committed to protect the
traditional culture and land tenure system. In 1925, the United
States claimed sovereignty over Swains Island and assigned
jurisdiction to Samoa.
American Samoa is the only territory where the Congress has
never extended citizenship and where the residents are US
Nationals (although many have acquired citizenship through
military service or otherwise). The territory consists mainly
of five volcanic islands and two coral atolls located
approximately 2,300 miles southwest of Hawaii and about 2,700
miles northeast of Australia with about 76 square miles of land
area (most of which is unusable on the slopes of the volcanic
islands) and a territorial sea of more than 150,000 square
miles. The resident population is about 55,000, with a median
age of 21. The territory has an elective governor and a
bicameral legislature (the Fono), the Senate of which is
composed of 18 members chosen by Samoan custom, and exercises
local self-government under a constitution promulgated by
Secretarial Order. American Samoa has a non-voting delegate in
the House of Representatives. There is no Federal court
jurisdiction in American Samoa and the justices of the High
Court are appointed by the Secretary of the Interior.
American Samoa is the only territory still dependent on
annual direct Federal grants for basic operations of government
and has experienced increasing fiscal difficulties over the
past decade. Local revenues were only $57 million for FY 1994,
while direct Federal grants for operations have averaged
slightly over $22 million with total federal expenditures in FY
1994 of $111 million ($67 million in grants and other payments,
$3 million in wages, $31 million in direct payments for
individuals, and $11 million in procurement contracts). The
local labor force of about 13,000 is equally divided between
government, two tuna canneries, and minor local retail
businesses.
Provisions of legislation
Section 11 of S. 210, as introduced, provides for a seven
member economic study commission to examine the potential for
increased economic development in American Samoa. The study is
designed to be short term and to focus on alternatives that are
consistent with the protection of Samoan culture and land-
tenure system. While tourism has often been mentioned as a
possibility, attention also needs to be given to the problems
of air service (sporadic) and the reliability of the supporting
infrastructure. The commission is directed to make projections
of the need for future federal assistance for operations and
infrastructure over the next decade. The uncertainty of the
amount and timing of Federal assistance complicates local
planning. The Committee addressed that problem in part by
redirecting the unneeded entitlement for the Northern Marianas
to multi-year infrastructure needs throughout the territories.
The bulk of the funding is likely to be in American Samoa. The
changes were enacted as part of the FY'96 Interior
appropriations measure.
Virgin Islands
Background
The United States purchased the Virgin Islands from Denmark
in 1917 for $25 million. There are three main islands (St.
Thomas, St. Croix, and St. John) and 50 smaller islands and
islets. Total land area is about 135 square miles. Congress
passed Organic legislation in 1936 and then a Revised Organic
Act in 1954. The Organic legislation defines the powers of the
local government. Congress has authorized the Virgin Islands to
adopt a local constitution to replace the local government
provisions of federal organic legislation, but the Virgin
Islands have failed in several attempts to adopt one. The
Elective Governor Act was passed in 1968 and in 1972 provision
was made for a non-voting delegate in the House. In the late
1950's and 1960's, the Virgin Islands had over employment
resulting in a large migration from the English speaking
Eastern Caribbean. The population grew from about 30,000 to
over 80,000. The population is now about 100,000 of whom 83%
are U.S. citizens. Unemployment in 1992 was 3.7%. Total local
revenues for FY 1994, including the $42 million in rebates
under the Rum Fund, were $381 million. In addition to the
manufacture of rum and tourism for a private sector base, the
Virgin Islands is the site of the Amerada Hess refinery.
Provisions of legislation
Section 6(a) of S. 210 would amend the 1968 Act providing
for an elective governor for the Virgin Islands to provide that
the Governor would retain his authority when he is off-island
on ``official business''. The current provisions provide that
the Lieutenant Governorsucceeds to all powers ``[i]n case of
the temporary disability or temporary absence of the Governor''. That
is a fairly standard provision with an interesting lineage to guarantee
that there was someone present to handle affairs of state while the
sovereign was out of the country. Historically, due to limitations on
communications, a prolonged absence could have serious, and sometimes
permanent consequences. Several sovereigns found a new government in
place before they managed to return and many found that the temporary
regent had charted a somewhat different course.
The United States, at the Federal level, has never provided
for an interruption in authority due to ``temporary absence''
of the President. Article II provides for the Vice-President to
discharge the powers of the President only in ``Case of the
Removal of the President from Office, or of his Death,
Resignation, or Inability to Discharge the Powers and Duties of
the said Office.'' Many State Constitutions, however, do
provide for the Lieutenant Governor to exercise all authority
whenever the Governor is temporarily absent. Depending on the
Lieutenant Governor, this may have the effect of limiting the
Governor's travels. During territorial administration, these
provisions were normal incidents of organic legislation since
the Governor and the Lieutenant Governor were appointed federal
officers ultimately responsible to a Cabinet Official. The 1954
Revised Organic Act authorized the Secretary of the Interior to
designate the Government Secretary or the head of an executive
department of the territorial government to act as Governor,
when necessary. Distances, transportation, and communications
all made these provisions reasonable at the time.
While States can alter such provisions without Federal
consent, the Virgin Islands is subject to the provisions of the
1968 amendments to the Revised Organic Act until such time as
they adopt a local constitution. The Governor has requested
that the present limitation be defined to not include any
temporary absence when he is off-island on ``official
business''.
Section 6 (b) and (c) provide authority to issue parity
bonds. The Virgin Islands has only that authority conferred by
Congress to incur indebtedness. In 1976, Congress amended the
Revised Organic Act of the Virgin Islands to permit the
government to issue bonds in anticipation of the revenues
received under the ``Rum Fund'' (P.L. 94-392, 90 Stat. 1193),
but provided that any such bond would have priority for payment
according to the date of issue (sec. 3). The Rum Fund is the
advance payment made by the Department of the Interior of an
amount equal to the amount of excise taxes collected on rum
manufactured in the Virgin Islands and imported into the United
States. The provision was enacted as section 28(b) of the
Revised Organic Act in 1954 and is now codified to 7652(b)(3)
to the Internal Revenue Code. The Virgin Islands estimates that
if Congress were to provide them with the authority to issue
parity bonds (where each issue has the same standing) they can
avoid paying a premium for subsequent issues as well as having
to over collateralize later issues. States have the ability to
determine the nature of any bond issue, but the Virgin Islands
is limited by the requirements of the Revised Organic Act.
During the 104th Congress, a bill reported by the Committee, S.
1804, also included a transition rule to permit the Virgin
Islands to refinance their existing debt. That provision is not
included in S. 210.
Section 7 of S. 210 establishes a commission on the
economic future of the Virgin Islands. Recent trade enactments,
such as the Caribbean Basin Initiative and NAFTA, have begun to
erode the competitive advantage the Virgin Islands has had over
other areas in the Caribbean. In addition, competition in the
tourism industry as well as the effect of several hurricanes
have eroded the tourism base for the territory. The purpose of
the commission is to assess what the economic alternatives are
for the Virgin Islands and begin to plan for a broader based
economy.
guam
Background
The southernmost of the Mariana Islands, Guam was
discovered by Magellan and was a major port for the Spanish for
the galleon trade from Acapulco to Manila. Guam was acquired
from Spain at the end of the Spanish-American War and has a
land area of 209 square miles. It was occupied by the Japanese
during World War II and recently celebrated the 50th
anniversary of the Liberation. Local self-government was
provided by the 1950 Organic Act which also extended
citizenship to the residents. Legislation in 1968 provided for
a popularly elected Governor and in 1972 for a non-voting
delegate in the House. The population is about 150,000, with a
labor force of 49,000 and an unemployment rate in 1992 of 2%.
Local taxes and fees for 1994 were about $679 million. The
Department of Defense (DOD) controls about \1/3\ of the land
area, which on a small island creates a variety of problems.
Provisions of legislation
As introduced, section 4 of S. 210 amends the Guam Organic
Act to provide a process for the disposal of federal excess
lands. Section 4 provides that whenever any federal agency no
longer requires any land, the Governor of Guam will have 180
days to determine whether Guam has a use for the land prior to
it being made available to any other Federal agency. The
section excludes those lands within the Federal wildlife refuge
overlay from the application of this section. Those lands could
be transferred to another Federal agency or out of Federal
ownership only by Act of Congress. Most excess Federal lands on
Guam that have been transferred back to Guam have been
transferred by various Acts of Congress rather than through the
normal GSA process.
When the Guam Organic Act was passed in 1950, Congress
transferred to the government of Guam all Navy properties that
had been used for civil administration of Guam and all ``other
property, real and personal, owned by the United States in
Guam, not reserved by the President of the United States within
90 days after August 1, 1950.'' Executive Order 10178 of
October 30, 1950 reserved more than \1/3\ of Guam (42,000 acres
specifically as well as a variety of other sites including the
Adelup reservoir and various parts of the road system).
Congress has from time to time transferred various parcels to
Guam, the most recent being 3,200 acres of excess DOD property
in the 103d Congress (P.L. 103-339). That legislation, the Guam
Excess Lands Act, also provided a broad definition of public
benefit use to recognize the particular needs of the government
of Guam.
DOD owns 44,800 acres on Guam (24,500 acres by the Navy and
20,300 acres by the Air Force), about \1/3\ of the total land
area. As part of a review of land requirements under the Guam
Land Use Plan (GLUP), DOD identified about 8,000 acres that
were releasable. When combined with the 3,200 acres covered by
PL 103-339, DOD holdings would be reduced to 33,400 acres.
Section 4 would provide a process for the orderly disposal of
excess federal lands in Guam to avoid the need for Congress to
continually consider specific transfers. S. 210 does not
require the disposal of any lands.
FEDERATED STATES OF MICRONESIA
Background
The Federated States of Micronesia (FSM) is a sovereign
foreign nation in free association with the United States.
Relations between the US and the FSM is governed by a Compact
of Free Association that was approved in the FSM in the United
Nations observed plebiscite and approved by the United States
by P.L. 99-239 in 1986. The Compact went into effect by
Presidential Proclamation 5564 of November 3, 1986. In general,
the FSM possesses full internal self-government and full
control over all aspects of its foreign policy except to the
extent that it conflicts with plenary defense rights exercised
by the United States. For the purposes of the limited Federal
assistance provided under the Compact, such assistance is
provided as if on a domestic basis through a government to
government agreement. While the political relationship is of
indefinite duration, various provisions, including financial
support, must be renegotiated after fifteen years. Citizens of
the FSM are free to enter into the United States for work or
study, but such entry does not qualify them for citizenship.
The United States has agreed to provide diplomatic and consular
assistance as needed and US currency and postal facilities are
used in the FSM.
The FSM extends 1,800 miles across an archipelago of the
Caroline Islands. The four States that comprise the FSM are
Pohnpei (the capital), Chuuk (Truk), Yap, and Kosrae. The
population is about 100,000. Spain claimed sovereignty over the
area until 1899 when they were sold to Germany after the US
declined to purchase them as part of the settlement of the
Spanish-American War. German administration ended in 1914 when
Japanese naval squadrons seized the Marshalls, Carolines, and
Marianas (except for Guam). The area was seized by the United
States during World War II with major actions at Ulithi and
Truk (now Chuuk). In 1947, the area (together with Palau, the
Marshall Islands, and the Marianas) was placed under the United
Nations Trusteeship system as the Trust Territory of the
Pacific Islands with the United States as Administering
Authority. Internal politics eventually led to separate
political status for the Marianas (now the Commonwealth of the
Northern Marianas--a territory of the United States), the
Marshalls (now the Republic of the Marshalls--in free
association), Palau (now the Republic of Palau--in free
association) and the four States of the FSM. The total
operating budget of the FSM is about $157 million, of which
about $100 million comes from US grants and other assistance.
Provisions of legislation
Section 3 of the bill makes a technical amendment to treat
the colleges in the freely associated states as separate land
grant institutions. During the period of the Trusteeship, the
College of Micronesia was made a land grant institution. Since
there were no Federal lands to endow the College, Congress
provided a $3 million endowment. During the Trusteeship, the
main campus was located on Ponape (now Pohnpei) with an
occupational center in Palau and a nursing school in Saipan in
the Northern Marianas. The nursing school has since moved to
Majuro in the Marshall Islands. With the political dissolution
of the Trust Territory, each of the governments of the freely
associated states retained their institutions, which now
operate under an umbrella. For the purpose of dealing with
federal agencies, however, a particular request from the center
in Palau must be handled through the umbrella organization.
This section enables each institution to operate independently
and will divide the endowment.
Section 9 of the legislation would clarify the Federal
housing assistance eligibility of residents of the freely
associated states who are lawfully admitted into the United
States. With relatively few exceptions, most of the programs
extended to the freely associated states have worked well, and
agencies have understood that the freely associated states are
the successor entities to the Trust Territory of the Pacific
Islands. Most problems with interpretation have been resolved
administratively. Unfortunately, the Department of Housing and
Urban Development (HUD) has adopted an interpretation of the
Housing and Community Development Act of 1980 that has the
effect of excluding residents of the freely associated states
who are lawfully admitted into the United States under the
provisions of the Compacts of Free Association from eligibility
for housing assistance for which they were eligible as
residents of the Trust Territory. The Housing Act included
within its definitions the Trust Territory of the Pacific
Islands, the residents of which were neither citizens nor
nationals of the United States. Residents of the Trust
Territory were treated as eligible prior to 1986, when the
Compacts came into effect, and subsequently, as citizens of the
FSM, Marshalls, or Palau, until last year. Although the Act did
not specify the residents of the Trust Territory within the
exceptions for alien eligibility to participate in the program,
the inclusion of the Trust Territory seemed to be sufficient
indication that Congress intended the residents to be eligible
and no problems arose for 9 years after Compact implementation.
HUD concluded last year that since the 1980 Act did not
contemplate the 1986 Compacts and since the Compacts do not
specifically mention the 1980 Act, Congress must have intended
discriminatory treatment. That interpretation is inconsistent
with section 172(a) of the Compact that provides: ``Every
citizen of the [FSM] who is not a resident of the United States
shall enjoy the rights and remedies under the laws of the
United States enjoyed by an non-resident alien.'' The Compact
explicitly grants authority to citizens of the freely
associated states to enter the United States for work or study,
with the clear intent of cementing a close relationship. There
does not appear to be any policy objection to the inclusion of
residents of the freely associated states and the issue is
solely whether Congress will clarify eligibility.
Republic of the Marshall Islands
Background
The Marshall Islands are comprised of 31 atolls and major
islands. Majuro, the capital, lies some 2,300 miles southwest
of Hawaii and nearly 2,000 miles southeast of Guam. The
Marshalls were part of Spain's claims in Micronesia, the League
of Nation's Mandate, and the Trust Territory of the Pacific
Islands, discussed in the background on the FSM. Major action
during World War II occurred at Kwajalein and Enewetak. The
Republic is a sovereign foreign nation in free association with
the United States under a Compact of Free Association. The
Marshalls' 1993 operating budget was $106 million of which $53
million came from Federal transfer payments. Within the
Marshall Islands, Bikini and Enewetak were the sites of nuclear
weapons testing. The 1954 Bravo test resulted in the exposure
of populations at Rongelap and Utirik to fallout. The United
States has provided a variety of programs and assistance to the
populations of the four affected atolls (Bikini and Enewetak
whose populations were relocated and Rongelap and Utirik whose
populations were exposed to fallout from the 1954 test).
Section 177 of the Compact provides for an espousal of the
claims of the residents of the Marshalls in exchange for a $150
million settlement from the United States. In addition, the
implementing legislation, at the insistence of this Committee,
included an open-ended authorization for further ex gratia
assistance to the four affected atolls.
Provisions of legislation
Section 1 of S. 210 extends the current supplemental food
program for Enewetak for an additional five years and requires
that the level of assistance reflect any changes in population.
The population of Enewetak at the time of the relocation for
the nuclear testing program was about 150. The population now
is about 1,800. During the testing program 43 nuclear weapons
were detonated at Enewetak, including the first thermonuclear
device. President Johnson announced that Enewetak would be
cleaned up and the population resettled. Over $200 million was
expended during the 1970's during a scrape of the islands to
remove all radioactive material. Most of the contaminated soil
was encapsulated in a slurry mix in a crater on Runit island.
In 1980, the population returned to Enewetak. As a result of
the scrape, the soil necessary to support vegetation was
removed and the normal food products of taro, pandanus,
breadfruit, and coconuts could not be grown. The Congress
enacted legislation to provide a supplemental food program
until the islands within Enewetak were capable of providing
sufficient food. Since FY'86, the program has been funded at
$1.1 million. Inflation and population increases have eroded
the effectiveness of the program.
One of the results from the work done by Lawrence Livermore
at Bikini is that there was no reason for the environmental
degradation resulting from a scrape of the soil. Applications
of potassium would have prevented the uptake of cesium into the
food chain. While Bikini now has a healthy supply of
vegetation, Enewetak still has stunted growth due to the lack
of soil and nutrients. The current authorization for the
supplemental food program has expired and this section
continues the program for an additional five years.
Section 8 of the legislation as introduced mandates
radiation related health assistance to the Republic of the
Marshall Islands from the Department of Health and Human
Services in support of federal responsibilities under the
Compact of Free Association.
The United States tested 43 nuclear weapons at Enewetak and
23 at Bikini. The populations were relocated to other atolls
and islands. The 1954 Bravo test at Bikini was the second test
of a thermonuclear device and had twice the yield expected. As
a result of wind conditions, populations at Rongelap and Utirik
were exposed to fallout. The United States has provided a
series of compensation, health care, and assistance programs
over the years to the communities of each of the four atolls,
including the establishment of individual trust funds. In 1975,
Congress established a Bikini trust fund of $3 million (PL 94-
34) which was supplemented in 1978 by an additional $3 million
plus a separate $6 million for the population of Bikini living
on Kili Island (PL 95-348). In 1982, a resettlement trust fund
of $20.6 million was established (PL 97-257) which was
increased by an additional $90 million over the period 1989-
1993 (PL 100-466). At Enewetak, the U.S. directly handled the
clean-up and resettlement through the Department of Defense,
spending well over $200 million during the 1970's.
As a part of the Compact of Free Association that led to
the termination of the United Nations Trusteeship with respect
to the Marshall Islands, the government of the Marshall Islands
espoused the claims of its citizens in exchange for a payment
of $150 million to be placed in a Fund that over a fifteen year
period would result in payments of $75 million to the
population of Bikini, $48.75 million to Enewetak, $37.5 million
to Rongelap, and $22.5 million to Utirik. In addition, the Fund
would provide $45.75 million to a Tribunal to resolve claims
relating to the testing program over the fifteen year program
(with 75% of the proceeds from the Fund available thereafter)
as well as funding for health and supplemental food programs.
(cf. Subsidiary Agreement on implementation of section 177 of
the Compact).
In 1977, Congress established a compensation program for
the inhabitants of Rongelap and Utirik that directly
compensated individuals who developed certain illnesses without
requiring proof of any nexus to the testing program (PL 95-
134). This was in addition to prior compensatory payments. The
statute also authorized a program of continuing specialized
care for those individuals directly exposed to fallout from the
1954 test and provided $100,000 directly to each of the four
communities. In 1980, the US established a general health care
program for the four atolls (PL 96-205), which is distinct from
the specialized care for the directly affected individuals. The
specialized care program (referred to in the amendment) is
being provided by DOE through Brookhaven, while the four atoll
program is provided through the Marshalls government with funds
made available from proceeds of the 177 Fund. At the hearing on
S. 210, the Administration stated that this section was
premature and should await a decision on the overall health
care needs in the Marshalls and what the specific role of
individual agencies should be. The Department of Health and
Human Services is already providing certain levels of
assistance and could adjust that level as needs arise without
further legislation.
commonwealth of the northern mariana islands
Background
The Commonwealth of the Northern Marina Islands (CNMI) is a
three hundred mile archipelago consisting of fourteen islands
stretching north of Guam. The largest inhabited islands are
Saipan, Rota, and Tinian. Magellan landed at Saipan in 1521 and
the area was controlled by Spain until the end of the Spanish
American War, Guam, the southernmost of the Marianas, was ceded
to the United States in 1899 and the balance sold to Germany.
Japan seized the area during World War I and became the
mandatory power under a League of Nations Mandate. Guam was
invaded by Japanese forces from Saipan in 1941. The Marianas
were secured after heavy fighting in 1944 and the bases on
Tinian were used for the invasion of Okinawa and for raids on
Japan, including the nuclear missions on Hiroshima and
Nagasaki.
In 1976, Congress approved a Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union
with the United States (PL 94-241). The Covenant had been
approved in a United Nations observed plebiscite in the
Northern Mariana Islands and formed the basis for the
termination of the United Nations Trusteeship with respect to
the Northern Mariana Islands. The CNMI became a territory of
the United States and its residents became United States
citizens.
The Covenant also provided for the lease of certain lands
by the Department of Defense and the dedication of a portion of
those lands for a Memorial Park to be maintained through income
from the lease payments.
Provisions of the legislation
As introduced, section 2 of the legislation repeals certain
provisions of Federal law dealing with the American War
Memorial Park. The United States leased several parcels of land
as part of the Covenant in 1976, including a large portion of
Tinian for military training and possible military
infrastructure. Part of the leased lands on Saipan included 177
acres at Tanapag Harbor, immediately adjacent to what is now
the Hyatt hotel, of which 133 acres would be available to the
CNMI without cost for an American War Memorial Park and the $2
million lease payment for the land was set aside to assist in
the development of the park. In 1978, section 5 of PL 95-348
directed the Secretary of the Interior, through the National
Park Service, to take over the park and develop it. Subsection
(f) provided that the CNMI could take over the park at its
option. With the Memorial Park fully established and developed,
the suggestion was made during the visit to the Marianas by
several Members of the Committee that subsection (f) should be
repealed and the National Park Service left in charge during
the remainder of the lease.
Section 5 clarifies the allotment to the territories under
the Anti-Drug Abuse Act. The Anti-Drug Abuse Act of 1986
provided for minimum state allocations for all the territories.
The Act was amended in 1989 to include Guam, the CNMI, and
American Samoa as a single state with Guam receiving 50%,
American Samoa 33%, and the CNMI 17% of the funding. In FY'90,
Guam managed to regain its status with Puerto Rico as a single
state, leaving American Samoa with 66% of a single state share
and CNMI with 33%. As a result of the allocation and reduced
funding for the program, funding for the CNMI has gone from the
FY'88 grant of $502,000 to $96,000 in FY'89. The federal law
enforcement initiative has noted drugs as an increasing problem
in the CNMI in its reports. Section 5 restores a minimum state
allocation for all the territories.
Hawaii
Background
Section 10 of S. 210, as introduced, provides the consent
of the United States to certain amendments to the Hawaiian
Homes Commission Act made by the State of Hawaii. The Committee
has reported similar legislation (H.J. Res. 32) to the Senate
and a full background and explanation is set forth in the
report to accompany that legislation (cf S. Rept. 105-19, H.
Rept. 105-16).
Legislative History
S. 210 was introduced on January 28, 1997 by Senators
Murkowski and Akaka. The Committee conducted a hearing on
February 6, 1997. H.J. Res. 32 was introduced on January 21,
1997 and referred to the Committee on Resources of the House
while S.J. Res. 10 was introduced on January 22, 1997 and
referred to the Committee on Energy and Natural Resources. Both
measures contained language to consent to amendments to the
Hawaiian Homes Commission Act that was similar to the text of
section 10 of S. 210. H.J. Res. 32 was reported without
amendment, passed the House of Representatives on March 11,
1997, and was referred to the Committee on Energy and Natural
Resources. At the business meeting on May 14, 1997, the
Committee on Energy and Natural Resources ordered H.J. Res. 32
favorably reported without amendment. At the business meeting
on May 21, 1997, the Committee on Energy and Natural Resources
ordered S. 210, as amended, favorably reported.
Committee Recommendations and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on May 21, 1997, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 210, if
amended as described herein.
The rollcall vote on reporting the measure was 20 yeas, 0
nays, as follows:
YEAS NAYS
Mr. Murkowski
Mr. Domenici \1\
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas
Mr. Kyl \1\
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford \1\
Mr. Bingaman \1\
Mr. Akaka
Mr. Dorgan
Mr. Graham \1\
Mr. Wyden
Mr. Johnson \1\
Ms. Landrieu
\1\ Indicates voted by proxy.
Explanation of Amendments and Section-by-Section Analysis
During consideration of S. 210, the Committee adopted an
amendment in the nature of a substitute. The amendment adopted
by the Committee deletes two sections from S. 210 as
introduced. The amendment deletes the original language of
section 10 that would provide the consent of the United States
to certain amendments to the Hawaiian Homes Commission Act made
by the State of Hawaii. The language was deleted because the
Committee favorably reported H.J. Res. 32, legislation that
also provides the consent of the United States to those
amendments, on May 14, 1997, and the Committee believes that
Senate consideration of that measure would expeditethe
enactment of the necessary consent. The amendment also deletes the
original language of section 8 that required the Secretary of Health
and Human Services to provide for assistance, on a non-reimbursable
basis, for direct radiation rleated medical surveillance and treatment
in the Republic of the Marshall Islands under section 177(b) of the
Compact of Free Association. The Administration opposed the language as
premature, and the Committee agrees that such a provision would be best
considered once the Department of the Interior, the Department of
Energy, other Federal agencies, and the National Laboratories have
reviewed the various Federal programs and assistance being provided
under the Compact. The Committee notes that assistance is already being
provided by various agencies, including the Department of Health and
Human Services, pursuant to authorizations and directives contained in
the Compact and implementing legislation. For example, existing law
supports general health care, specifically requires treatment for those
individuals directly affected by radiation, and authorizes funding to
address any health needs resulting from exceptional circumstances or
for any ex gratia needs of the populations of the four atolls directly
affected by the nuclear testing program (section 105(c)(2) of P.L. 99-
239).
Section 1 of the Committee amendment extends the Department
of Agriculture's surplus food program in the Republic of
Marshall Islands for an additional five years. The current
authorization expired in October 1996 although support has
continued through appropriation acts. The program provides
support for the populations of the atolls directly affected by
the Untied States nuclear testing program until the atolls are
capable of producing food supplies sufficient to support the
populations of those atolls. The amendment recognizes the
growth in population since the Compacts of Free Association
were approved and provides that the amount of commodities
reflects the changes in population.
Section 2 of the Committee amendment provides that the
Governor of Guam will continue to exercise the authority of his
office while absent from Guam on official business.
Section 3 of the Committee amendment provides for the
administrative separation of the three educational institutions
in the freely associated states into separate land grant
institutions and the division of the existing endowment between
the institutions. The purpose of the amendment is to permit
each of the institutions to function on its won in dealing with
federal agencies without having to rely on an umbrella
organization. At the request of the Administration, the
Committee has included language that provides that the three
institutions will still be considered as a single entity for
the purpose of allocation of Hatch Act and Smith-Lever funding.
While the Administration proposed that such funding be divided
equally among the institutions, the Committee has left the
division to the three entities. The Committee made the change
in recognition of the different enrollments and nature of the
institutions to ensure that the funds are allocated based on
curriculum, need, and purpose for the funds.
Section 4 of the Committee amendment amends the Organic Act
of Guam to provide for greater consideration of the needs of
Guam in the disposal of federal lands and to avoid the
constraints of existing law which have necessitated Congress
directly transferring parcels of land in the past. At the
present time, Federal property is first made available to other
Federal agencies prior to being made available to the
government of Guam, and then only for limited public purposes.
Section 4 would provide generally that when a Federal agency
determines that it no longer has a need for certain lands,
those lands should be made available to Guam prior to being
covered to other purposes by other Federal agencies. The
Committee appreciates the scarcity of land on Guam and the
sacrifices that the residents of Guam have made in
accommodating defense needs. Those requirements have resulted
in the acquisition since World War II of over one-third of the
available land area, including some of the most important
agricultural areas on Guam, for military purposes. The
Committee believes that as federal requirements change and land
is no longer needed for the purposes for which it was acquired,
the federal disposal process should look first to the needs of
Guam for such land for public purposes before looking to
disposal to private interests or for other federal activities.
The Committee notes that this amendment does not require
that any land be transferred. It simply alters the existing
priorities in federal legislation. If the government of Guam
does not need the land for a public purpose, then the land will
be disposed of as provided by current law. If the government of
Guam indicates a need for such land and the administration
desires a different disposition, then the Committee expects
that the agency currently holding such land will retain it
until the Administration has transmitted legislation and
Congress has considered the relative merits of the transfer.
This approach is consistent with the plenary authority of
Congress with respect to territories and over the disposal and
management of federal lands and would provide both federal
agencies and the government of Guam an opportunity to present
their views on the appropriate disposition of the lands.
The Committee The Committee has adopted a series of
amendments requested by the administration, with minor
exceptions. in part the amendments would clarify that transfers
of land between Defense agencies are not included in the
legislation. That is consistent with the intent of the section
since those lands would still be used for military purposes.
The amendments also deal with lands reviewed under the Base
Closure and Realignment Commission. The administration
requested that any transfer be subject to certain conditions as
determined by the Administrator and the Secretary of Defense.
The Committee has agreed to that language but wants to make
clear that the phrase ``in their sole discretion'' relates only
to the nature of the conditions and should not be interpreted
to be a waiver of applicable laws.
The Committee notes that this section only changes the
relative priority under which the needs of Guam are considered
in the disposal of federal lands. This section does not waive
or eliminate any procedural or substantive laws that would
otherwise be applicable to such a transfer, nor does it impose
any new requirements. In all likelihood, there will be
different laws applicable to different parcels depending on the
circumstances. Accordingly, the Committee did not include
language suggested by the Administration on specific laws that
would need to be complied with, but retained the general
requirement to comply with any applicable laws.
The Committee intends that the same broad interpretation be
given to public purpose consistent with the actions taken by
the Congress with respect to previous land transfers to Guam
and accordingly has referenced the Guam Excess Lands Act in the
definition of public purpose. While the Committee has retained
the requirement that any land transferred for private uses be
disposed of a fair market value, the Committee has provided for
transfer for public purposes to be without further
consideration in keeping with past practices on Guam, most
recently in the Guam Excess Lands Act. The Administration had
provided additional language of public purposes, butthe
Committee believes that each of those purposes would be permissible
under the public benefit use provisions of the Guam Excess Lands Act
and deleted the language as redundant.
The administration had proposed that the definition of the
Guam Wildlife Refuge include submerged lands identified on a
map. The Committee is aware that there remains some dispute as
to whether those submerged lands are in fact owned by the
Federal Government and has included language to make it clear
that only those lands to which the Federal Government holds
title would be included. That language is not intended to
express a view one way or the other with respect to ownership,
but is designed to exclude any lands no longer owned by the
Federal Government, if any.
The administration had proposed that if a dispute arose
over transfer of lands within the Refuge overlay that was not
resolved within 180 days, the Fish and Wildlife Service was to
report to Congress and that if Congress took no action within
two years from that date, the land was to be disposed of as
provided under current law. The amendment modifies the
administration's request by requiring the Administrator of GSA
to report to Congress and include the views of both Guam and
the Fish and Wildlife Service. In addition, the amendment
deletes the two year limitation. As noted above, Congress has
the plenary authority and responsibility for both the
territories and the disposal of Federal property and the
Committee believes that Congress should resolve the equities
between the two parties.
The administration also requested that lands included under
any base closure law be excluded from the coverage of this
legislation. The Committee does not intend to affect decisions
that have already been made under the current round of base
closure reviews nor to assume what the provisions may be in any
future review. Accordingly, the amendment excludes lands
included under any base closure laws, but has made any
transfers to Guam contemplated under the current base closure
process subject to the provisions of subsection (b). That
addition deals only with the consideration for a transfer to
Guam and the conditions attached to the transfer, including
limitations that the land be used for public purposes as that
term is defined in this section.
Section 5 amends that Omnibus Crime Control and Safe
Streets Act to restore equal funding treatment to each of the
territories as was included in the original statute.
Section 6 makes a series of amendments of the Revised
Organic Act of the Virgin Islands. Subsection (a) provides that
the Governor will retain his authority when he is off-island on
official business. Subsections (b) and (c) provide
prospectively for the Virgin Islands to issue parity rather
than priority bonds. Subsection (d) provides short term
borrowing authority in anticipation of the collection of taxes
and revenues.
Section 7 creates a commission to consider the economic
future of the Virgin Islands. The Committee is concerned with
the potential economic effect on the Virgin Islands of changes
in tax and trade legislation as well as the potential for
changes in investment and tourism in the Caribbean in the near
future. The administration stated a general objection to the
creation of any commissions although it did support the
objectives of the commission. During the last Congress, the
administration suggested that the objectives could be met
administratively without the need for a commission. That has
not happened and the Committee has decided to recommend
enactment of legislation for the commission in the expectation
that it need not be funded if an alternative can be agreed
upon. The Committee emphasizes that it intends a minimal
expenditure for the activities of the commission, if
established, and included funding for FY '97 only to permit the
commission to begin work prior to the beginning of the next
fiscal year. Total costs should be restrained to under $600,000
and the Committee is not inclined to consider any extension of
the life of the commission.
Section 8 adopts a proposal by the administration to
transfer responsibility for preparation of reports on the
impacts of the Compacts of Free Association to the territories
and the State of Hawaii. The amendment requires the Secretary
of the Interior to provide census information. The Committee
agrees that the local affected jurisdictions are in the best
position to make a determination as to the actual effect of the
Compacts and that the administration should provide Congress
with its comments on any reports. While Hawaii is not an
eligible jurisdiction for technical assistance funding
generally, it will be eligible for any grant assistance
provided under this amendment.
Section 9 adopts clarifying amendments to conform the
interpretation of the 1980 Housing Community Development Act to
the change in status of the jurisdictions of the former Trust
Territory of the Pacific Islands. Other housing program
criteria notwithstanding, the section 9 proviso stating that
United States citizens and nationals shall have preference over
freely associated states citizens is intended to mean that
whenever an eligible United States citizen or national applies
for housing assistance, the housing needs of that citizen or
national shall be satisfied before any housing assistance is
granted under an application of any person from a freely
associated state.
Section 10 provides for an economic development study for
American Samoa. Several Members of the Committee visited
American Samoa shortly after the hearing and it appears that a
serious study of economic development options is necessary. In
revising the funding stream under the entitlement for the
Northern Marianas last Congress, the Committee understood that
significant amounts of money would be available for
infrastructure needs in Samoa over the next several years. This
study may help to identify areas where the funding can
contribute to a local economy capable of supporting basic
operations of government. At the present time, American Samoa
is the only territory still dependent on annual grants for
operations. The uncertainty with respect to timing and amounts
that such dependence causes does not result in fiscal
responsibility and the Committee believes that increased
attention needs to be given to providing a sustainable economic
base in Samoa.
Section 11 makes three changes in existing law dealing with
the freely associated States.
Subsection (a) was requested by the administration and
clarifies that the requirement to station personnel in each of
the freely associated states is subject to the availability of
funds. The Committee remains concerned that the Secretary of
the Interior is responsible for management of all federal
assistance in Micronesia and has not stationed personnel in
each of the three jurisdictions even though the Compacts were
passed more than a decade ago.
Subsection (b), also requested by the administration,
clarifies that the grant consolidation provisions of PL 95-134
apply to each of the freely associated states as they did to
those entities under the Trusteeship.
Subsection (c) increases the limit on expenditures by
Bikini for projects on Kili and Ejit from $2 million to $2.5
million per year and indexes the amount to inflation in
subsequent years. The change was requested by the Bikini
Counsel and the Committee agrees that the change is warranted
to reflect the change in real value of the expenditures.
Cost and Budgetary Considerations
An estimate of the cost of this measure has been requested
from the Congressional Budget Office, but has not been received
as of the date of filing of this report. When the estimate is
received, the Chairman will have it printed in the
Congressional Record for the advice of the Senate. Some of the
provisions, such as additional food assistance could have
additional costs, although minor, if fully implemented and may
simply represent a reallocation of funding rather than
additional expenditures. Existing authorizations are already
available for most provisions that could involve the
expenditure of federal funds. Many of the provisions are
administrative in nature and would not involve any additional
costs. The changes to the land grant status of the Micronesian
institutions would relieve those institutions of some
regulatory burdens in having to act through an umbrella
organization.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 210. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 210, as ordered reported.
Executive Communications
At the hearing on S. 210 on February 6, 1997, the Director
of the Office of Insular Affairs for the Department of the
Interior presented the formal views of the Administration on
the provisions of S. 210. A copy of his testimony is set forth
below.
Statement of Allen P. Stayman, Director, Office of Insular Affairs,
Department of the Interior
Mr. Chairman and members of the Senate Committee on Energy
and Natural Resources, I am pleased to be here today to discuss
the provisions of S. 210. Additionally, I have comments on
several other island issues that you may wish to consider for
inclusion in the bill.
S. 210 contains eleven provisions designed to address a
number of island issues.
Marshall Islands Agricultural and Food Programs
Section 1 of the bill would amend section 103(h)(2) of
Public Law 99-239, dealing with the United States Department of
Agriculture surplus food program in the Marshall Islands. It
would authorize extension of the program for an additional five
years and ensure that the program's benefits are distributed on
the basis of population.
As you are aware, the United States' nuclear testing
program was conducted at Enewetak and Bikini Atolls from 1946
to 1958. One of the tests significantly affected the atolls of
Rongelap and Utirik, also. Because of the special
responsibilities of the United States for the welfare of the
peoples of the four atolls, Public Law 99-239 called for
continuation of the food and agricultural programs for five
years, until 1991; they were later extended through October 20,
1996. This extension, for a third five-year period, would
ensure that the United States continues to provide excess
commodities to the peoples of these atolls through October 20,
2001.
We discussed this re-authorization provision during the
hearing last June. While the Senate took action on this
Enewetak provision, the House did not. Since that time, the
situation has become much more pressing. The specific
authorization ceased on October 20, 1996. Food continues to be
delivered only by virtue of the fiscal year 1997 appropriation.
The Administration strongly supports section 1, and early
action by the Congress.
American Memorial Park
Section 2 of S. 210 would repeal subsection (f) of section
5 of Public Law 95-348.
Subsection (f) provides that the administration of, and all
improvements relating to, the American Memorial Park on Saipan
be transferred to the Government of the Northern Mariana
Islands upon request of the Governor pursuant to the
Commonwealth of the Northern Mariana Islands (CNMI) law. The
Federal government has devoted considerable resources to
improving the American Memorial Park. Most recently, to help
celebrate the fiftieth anniversary of the end of World War II,
$3 million was provided for the construction of a memorial to
those Americans who gave their lives on Saipan and Tinian. This
new memorial increases Federal interest in the park and
underscores the need for an administrative arrangement that
will ensure proper operation and maintenance of the memorial.
CNMI Governor, Froilan Tenorio, deserves recognition for his
support and assistance in completing the new memorial in time
for fiftieth anniversary events. The Park is now administered
in accordance with National Park Service (NPS) laws and
regulations. But, even if the CNMI government assumed
administration of the park, its administration would continue
to be governed in accordance with NPS laws and regulations. The
United States National Park Service is doing an excellent job.
It has established a successful working partnership with local
authorities for park operations and development. I believe that
the current administrative arrangement is working well and
should be maintained to best ensure continued applicability of
National Park Service laws and regulations, and that park
development is consistent with the goals of the park. The
possibility of a change in the park's current, successful
administration creates uncertainty about the park's future and
the extent of the Department's commitment to the park. Repeal
of subsection (f) removes these uncertainties and secures the
Federal commitment to the park's future.
Accordingly, the Administration supports enactment of
section 2.
Territorial Land Grant Colleges--technical amendment
Section 3 is intended to give separate land grant status to
the College of Micronesia's three successor colleges, the
College of the Marshall Islands the College of Micronesia--FSM,
and the Palau Community College. During the hearing before this
committee last June, I was asked to provide draft language that
would accomplish the separation desired in the freely
associated states (FAS). Your bill follows the drafting service
in most major respects.
Section 3 has substantial programmatic and funding
implications of the United States Department of Agriculture
(USDA) in its administration of land-grant programs. By virtue
of the language in section 1361(c) of Public Law 96-374, the
Trust Territory of the Pacific Islands received certain Smith-
Lever Act and Hatch Act funds in like manner to the United
States Virgin Islands and Guam. Accordingly, section 3(c) of
the bill would give such funds to the Trust Territory's three
successor freely associated states, but, as drafted, it would
create two new recipients of funds. In order to avoid creating
two new shares and disturbing the current allocation of Smith-
Lever and Hatch Act funds, the Administration recommends that
the Trust Territory share be divided into three equal portions.
Draft legislative language dividing the Trust Territory share
appears in the attachment to my written statement.
The Administration has no objection to the enactment of
section 3 if it is amended as set forth in the Attachment to my
written statement. The Boards of Regents of all four
institutions have endorsed the separate land grant status.
While the colleges are on record favoring separation, neither
the colleges nor the governments of the freely associated
states have considered or approved the amendment we propose. We
recommend that the specific language contained in section 3 and
the proposed amendment be referred to the freely associated
states for consideration.
Guam lands
Section 4, in essence, would provide Guam with the right of
first refusal on all Federal excess lands on Guam outside the
wildlife refuge overlay of military land. Should military land
within the refuge overlay become excess to military needs, that
land would be transferred to Guam, another Federal agency, or a
third party only by act of Congress.
The Administration approves generally of this two-track
approach embodied in section (4) of the bill, with
modifications.
Guam is a small island, approximately 30 miles long, seven
miles wide, and 220 square miles in area. About one-third of
the island, or 44,800 acres, is owned by the United States and
managed by a military department. In addition to the military,
the United States Fish and Wildlife Service is a major Federal
land manager on Guam. It manages a 23,274 acre wildlife refuge,
of which about 22,502 acres is an overlay on lands managed by
the military. About 772 acres at Ritidian Point (401 acres of
which are submerged) are managed by the Service for the Federal
government.
It is often asserted that landowners on Guam whose lands
were acquired by the United States after World War II had the
understanding that their lands would be returned once such
lands were no longer needed for military purposes. Such
individuals usuallyasserted that they relied on such
representations in lieu of greater efforts to receive what they
believed to be adequate compensations for their property. In enacting
the Guam Land Claims legislation, 48 U.S.C. 1424c, in 1977, Congress
was mindful of such claims and sought to provide a remedy by affording
an opportunity to seek additional compensation for the leasehold and
fee takings. Settlement of these claims resulted in payments in excess
of $40 million. Nevertheless, there continues to be strong community
reaction when excess military lands are transferred to another Federal
agency instead of to Guam. This issue continues to create tension in
Federal-Guam relations.
The Congress and the Administration recognized this unique
situation on Guam when, four years ago, the Federal government
authorized the transfer of some 3,200 acres of former military
land to Guam in Public Law 103-339. Section 4 of S. 210 would
continue this general policy of returning excess Federal land,
not within the 23,274 acres being used for refuge purposes, to
Guam. The Congress, itself, may determine the disposition of
lands that may become excess in the wildlife refuge overlay.
With congressional scrutiny, consideration may be given to
meeting the Federal government's habitat conservation and
endangered species protection responsibilities while
recognizing the concerns of Guam.
While, in general, the Administration approves of the two-
track approach embodied in section 4 of S. 210, the
Administration strongly believes that the following issues must
be included or addressed to properly implement this two-track
approach.
(1) Provide a precise definition of refuge land as follows:
``The Guam National Wildlife Refuge includes those lands within
the refuge overlay under the jurisdiction of the Department of
Defense, identified as DOD lands in figure 3, on page 74, and
as submerged lands in figure 7, on page 78 of the ``Final
Environmental Assessment for the Proposed Guam National
Wildlife Refuge, Territory of Guam, July 1993.''.
(2) Provide that, with regard to refuge lands, Guam and the
Fish and Wildlife Service would be required to seek an
agreement providing for the future ownership and management of
refuge lands that may become excess to the needs of the
military. If such an agreement were reached within 180 days
after notice that the land is excess, the agreement would be
implemented without action by the Congress. If, on the other
hand, no agreement were reached within 180 days, there would be
a report to the Congress on the status of the discussions. If,
within two years after receipt of the report delivered to the
Congress, the Congress takes no action and agreement is not
otherwise reached regarding the land under discussion, the land
would be transferred, as it currently is, pursuant to the
Federal Property and Administrative Services Act of 1949.
(3) Clarify that all transfers must comply with all
applicable Federal laws, including but not limited to the
Endangered Species Act (16 U.S.C. 1531, et seq.) and the
National Environmental Policy Act (42 U.S.C. 4321, et seq.).
(4) Provide that if land is transferred to Guam for non-
public purposes, it shall be for fair market value; and that
land transferred for public purposes may be for less than fair
market value (which may include up to a 100 percent discount).
(5) Provide a definition for ``public purposes'' based on
the definition contained in section 204 of the Federal Property
and Administrative Services Act of 1949, with appropriate
consideration given to inclusion of a public land trust in Guam
as a public purpose, provided that careful attention must be
given to uses of the land and earnings by the trust.
(6) Clarify that this section shall not apply to lands that
are excess as a result of the Defense Authorization Amendments
and Base Closure and Realignment Act of 1988 (Public Law 100-
526, the Defense Base Closure and Realignment Act of 1990
(Public Law 101-510), or similar base closure laws.
(7) Clarify that the section on Guam lands shall not apply
to transfers of land among military services, and between the
military services and the United States Coast Guard.
(8) Clarify that the Department of Defense may impose use
restrictions on excess military land on Guam conveyed under
this section.
(9) Provide that Federal agencies that are utilizing real
property on Guam under the management of another Federal agency
at the time the property is declared excess shall have the
right of refusal with regard to such real property.
With amendments that incorporate these nine principles, the
Administration would support enactment of section 4 of S. 210.
Of course, the Administration expects that enactment of section
4 of S. 210 (with the amendments reflecting the above
principles) would settle the matter of disposition of Federal
lands on Guam, and that this subject would not be revisited in
the negotiations on Commonwealth status.
Should the Committee find it helpful, we would be pleased
to provide the Committee with a drafting service to address
these principles.
Clarification of allotment for territories
Section 5 would give single state treatment to American
Samoa and to the Northern Mariana Islands with regard to
funding Office of Justice Assistance programs. At present, the
two insular areas share a state-share of funding, while the
other insular areas of Guam, the Virgin Islands, and Puerto
Rico each receive a full state share. Section 5 would ensure
that American Samoa and the Northern Mariana Islands receive
the same state-like treatment as their sister territories.
The Administration supports the enactment of section 5.
Amendments to the Revised Organic Act of the Virgin Islands
Subsection (a) of section 6 of S. 210 deals with the
transfer of the authority of the Governor of the Virgin Islands
when the Governor is absent from the Virgin Islands. It would
amend the Revised Organic Act to Construe the term ``temporary
absence'' so as to not include the Governor's physical absence
from the territory while on official government business.
When the Revised Organic Act was enacted, transportation
and communications were far more limited than today. Therefore,
it was necessary for a governor, when traveling, to delegate
authority to the lieutenant governor. Today, however, with
instant, world-wide communications, an elected official can
fully execute the duties of office even while not physically
present in the territory. In light of today's technology, the
proposed amendment is appropriate.
The Administration supports enactment of subsection (a) of
section 6.
Subsections (b) and (c) of section 6 deal with the bonding
authority of the Virgin Islands when its bonds are secured by
the cover over of Federal excise taxes on rum. The provisions
would allow the Virgin Islands to issue parity debt, rather
than priority debt. Current law gives greater protection to
earlier issuances of debt over later issuances, with the result
that later debt is subject to increased interest and fees. We
understand that most local jurisdictions issue parity debt
instruments. The bonding provisions of section 6 would place
the Virgin Islands on a footing similar to other communities.
The Administration has no objection to the enactment of
subsections (b) and (c) of section 6.
Commissions on the Economic Futures of the Virgin Islands and American
Samoa
Section 7 and 11 of S. 210 would establish separate six-
member commissions to evaluate economic options for the futures
of the Virgin Islands and American Samoa. The Virgin Islands
need to be prepared for possible competition in tourism and
other industries in which they face competition from elsewhere
in the Caribbean region. In the case of American Samoa, the
concern is that, under Public Law 140-188, the ten-year phase-
out of Internal Revenue Code section 936 will undermine the
viability of the territory's economy, which is based on tuna
canning.
The Administration supports the objective of sections 7 and
11, which is to analyze and plan for the future economic needs
of the Virgin Islands and American Samoa. The thrust of
Administration policy on good government is generally against
the creation of new commissions, and accordingly, we cannot
support these sections.
We suggest, as an alternative, that interested members of
Congress, the Governors of the territories, and we sit down
together to consider other viable alternative options for
meeting the objectives of sections 7 and 11, and to discuss
needs for financial assistance.
Public Health Service physicians
Section 8 would require the Secretary of Health and Human
Services to provide assistance, without reimbursement, to the
Government of the Marshall Islands for direct radiation related
medical surveillance and treatment programs. The Administration
believes that section 8, is premature. We will consult with the
Department of Health and Human Services and the Department of
Energy regarding this issue, and will report back to the
Committee.
Eligibility for housing assistance
Section 9 of S. 210 would grant section 8 housing
eligibility for citizens of the freely associated states living
in the United States or its territories. Under the compacts of
free association, citizens of the freely associated states
(FAS) have the right to live and work in the United States and
its territories, and may participate in those Federal programs
for which they are eligible. At the inception of the compacts,
and for ten years thereafter, FAS citizens in the United States
participated in section 8 housing. In 1995, however, FAS
citizens were declared ineligible. This ineligibility resulted
from restrictions imposed on HUD's provision of assistance to
aliens by section 214 of the House and Community Development
Act of 1980, as amended, and as implemented by HUD's final
rule, which became effective on June 19, 1995. This event
solved a problem in Guam, where FAS citizens were often placed
at the head of the line of those waiting for housing. Section 9
of S. 210 would grant eligibility for the section 8 housing
program to FAS citizens, although they would not be given
priority for housing over United States citizens in Guam or the
Northern Mariana Islands.
The Administration believes this to be a fair remedy for a
difficult situation, and supports enactment of section 9. The
Administration will work with Committee staff on technical
refinements to this section.
Consent to Hawaiian Homes Commission Act amendments
Section 10 would approve two laws of the state of Hawaii
relating to the Hawaiian Homes Commission Act. Such approval is
required before these Hawaii laws may take effect. Act 339 of
the Session laws of Hawaii (1993) established the Hawaiian
Hurricane Relief fund and authorizes the Department of Hawaiian
Home Lands to obtain homeowners' insurance coverage for
Hawaiian Home Lands lessees. Act 37 of the Session Laws of
Hawaii (1994) allows Hawaiian Home Lands homestead lessees to
designate as a successor to the lease a grandchild who is at
least twenty-five percent Native Hawaiian.
The Administration recommends approval of these Hawaiian
amendments and supports enactment of section 10 of S. 210.
additional insular issues
Federal Program personnel
Current law calls for the stationing of one professional
staff person from the Department of the Interior in each of the
freely associated states (FAS) of the Marshall Islands, the
Federated States of Micronesia, and Palau. In 1995, the
Department of the Interior streamlined its structure for
addressing insular issues, including the elimination of two of
these three Federal program coordinator positions in the FAS.
The Department plans to employ one staff person who would be
stationed at the United States Embassy in the Federated States
of Micronesia and travel to the Marshall Islands and Palau as
needed.
The Administration supports inclusion of the attached draft
provision on Federal programs personnel (see Attachment) in S.
210. It will aid in meeting our policy and staffing objectives.
Impact of the compacts reports
Currently, the Department of the Interior is charged with
submitting to the Congress reports on the impacts of the
compacts of free association on the United States territories
and Hawaii. The territories and Hawaii generate many of the
statistics upon which the report is based. Thus, the Department
of the Interior relies on the islands for statistical
information. Sometimes it is difficult to obtain the necessary
information. Other times the territories disapprove of the
positions taken by the Department. Often there are
disagreements on statistical methodology. In addition, the
Department has no direct responsibility with regard to Hawaiian
affairs. The report procedure is contentious and inefficient.
Accordingly, we recommend making the submission of the
impact of the compacts reports optional for concerned governors
of the territories or the State of Hawaii, an shifting report
preparation from the President to the respective governor. As
potential recipients of impact funds, the territories and
Hawaii are in the best position to estimate the impacts within
their respective jurisdictions. The Department of the Interior
would receive the reports and would forward any such reports to
the Congress with the views of the Department. Under such a
scenario, each party would be satisfied that its position was
fairly presented, and the Congress would receive all relevant
information on which to base a decision. Our proposal for draft
legislation is attached.
The Administration supports inclusion in S. 210 of the
draft provision improving the impact of the compacts reporting
process (see Attachment).
Minimum wage in the Northern Mariana Islands
The CNMI minimum wage law has a long and involved history.
In 1995, the CNMI legislature passed, and the Governor, signed
a law raising the CNMI minimum wage in stages to reach the then
Federal level of $4.25 per hour in the year 2000. Since then,
the legislature first delayed, then canceled, the increase from
$2.75 to $3.05 per hour scheduled for January 1996. Later, the
legislature raised the overall minimum to $3.05, except for the
foreign labor dominated garment and construction industries,
which account for the bulk of those affected by minimum wage
rates, who received only a 15 cent per hour raise to $2.90 per
hour. All future scheduled annual increases were cancelled.
The CNMI has also embarked on a public relations campaign
costing well over $1 million to promote its position.
There have been numerous articles in the CNMI press
accusing the Federal government and the Department of the
Interior of trying to wreck the CNMI economy by imposing the
Federal minimum wage. In spite of this publicity campaign, and
after careful reflection and analysis of recently obtained
economic data, officials in the Departments of Labor and
Interior are firmly convinced that a gradual increase in the
CNMI wage rate and eventual full application of the Fair Labor
Standards Act would benefit the CNMI economy. In fact,
application of the Federal minimum wage is essential to permit
its citizens to enjoy the American standard of living, which
was the goal of the Covenant.
With the phenomenal economic growth of the 1980's, the CNMI
was well on its way to meeting that goal. Mean household
income, measured by the census, increased from $22,341 in 1979
(1980 census data) to $34,713 in 1989 (1990 census). Then, a
funny thing happened on the way to prosperity. Mean household
income declined to $30,301 in 1994. At the same time, many
social and economic problems continued to grow: tap water
quality worsened, beaches became polluted, dump fires got out
of control, and crime rates rose, including publicized and
unsolved cases of murder and rape.
Coincidentally, all of these problems worsened while other
economic growth indicators continued to expand dramatically.
Tourist arrivals increased over 50 percent, from 438,454 in
1990 to 676,161 in 1996; garment exports increased from $163
million to $419 million in the same period; and government
revenue went up 70 percent from $111 million to $190 million.
There are two classical arguments against raising minimum
wages: that an increase in wages increases unemployment and
that it makes industries less competitive. These arguments have
nothing, absolutely nothing, to do with the CNMI economy today.
TheCNMI has a dual economy and a dual society. Wages below the
United States minimum wage are paid almost exclusively to non-resident
alien workers, who constitute most of the private sector work force.
Nearly all local residents earn more than the Federal minimum wage,
most working for the government.
In 1995, according to the census of that year, 3,347 of the
6,006 employed persons born in the CNMI were employed by
government; 24,254 of the 24,840 Asia-born workers were
employed in the private sector. The apparel industry employed,
6,710 of these Asian workers, 5,560 of whom were from mainland
China. (Employment of Chinese in the apparel industry has
increased substantially since the 1995 census.) Census data
also reveal an anomaly regarding unemployment; although overall
unemployment in the CNMI was 7.1 percent, the rate among the
native population was double that at 14.2 percent, while the
unemployment rate among the 27,779 Asian born workers was 4.5
percent. Clearly, workers are being imported to take jobs that
would otherwise go to local residents. Even some alien workers
are unemployed--including 7.9 percent of Chinese workers.
Instead of causing unemployment, an increase in the minimum
wage would open up job opportunities for local residents, who
now have little incentive to work in the private sector.
Employers could reduce their recruiting of alien workers, even
sending some of them home, thus lowering the stress on
infrastructure and government services. Meanwhile, those alien
workers who remain would earn more, spend more in the local
economy, and pay more taxes to the local government.
What of the claim from some quarters that raising the
minimum wage would make the CNMI industries of tourism and
garment manufacturing less competitive and less viable? The
CNMI's tourist industry in virtually a carbon copy of the Guam
tourist industry, with the same market the same attractions and
even the same hotel chains, ownership and management. The
difference is that Guam is subject to the federal minimum wage
and federal immigration control, while the CNMI has greater
access to low-wage alien workers and thus has more incentive to
employ them in preference to local residents. When the CNMI
tourism industry was new and under development, there was an
argument for a competitive advantage over Guam, but that time
is now past and, most significantly, the industry itself does
not oppose a higher minimum wage.
The garment industry, on the other hand, has been the most
vociferous, in fact the only, opponent to the application of
the Federal minimum wage. That industry has pressed the view
that CNMI-assembled garments could not compete with those from
low-wage Asian countries or Mexico, if wages were increased.
CNMI garments do not compete with Asian garments simply because
all major Asian producers are constrained by quotas; without
the quotas, there would be no CNMI garment industry. CNMI
garments, which carry the ``made in the USA'' label, compete
directly with other garments made in the 50 states but the CNMI
garments are produced with duty-free foreign materials, and
foreign labor that is almost entirely from mainland China.
Each time the CNMI minimum wage has been increased, the
CNMI garment industry has increased, not decreased, sales. In
1995, when the CNMI made licenses available to new garment
companies, it was deluged with applications, all made on the
assumption of annual minimum wage increases up to the $4.25 per
hour, as required by the local CNMI wage law at that time, but
later repealed.
At present, the CNMI garment industry contributes little to
the CNMI economy beyond a 3.5 percent ``use tax''. The industry
is exempt from gross receipt taxes and receives a rebate of
more than half of its income tax payments. There is concern
that the industry may be a net drain on the economy. By paying
higher wages to its workers, the garment industry could become
a benefit to the CNMI and its people.
While we continue to have many concerns about labor,
immigration, and law enforcement issues in the CNMI, we
consider full application of the Fair Labor Standards Act to be
a significant step in dealing with these problems. It would
increase private sector employment opportunities for U.S.
citizens; increase incomes, spending, and revenues; and it
would decrease the need for imported workers, particularly in
the lowest paid occupations most vulnerable to abuse. Let me
make it clear that we have no illusions that United States
citizens would fill many sewing jobs in garment plants or that
enough local residents would be available to serve the growing
tourist industry. The CNMI will be dependent on alien guest
workers for many years to come. Our proposal is designed to
open up the better private sector jobs to local residents, to
curb abuses among the lower paid foreign workers, and to turn
the alien workers into a positive influence on the economy.
Mr. Chairman, when you and Senator Akaka visited the CNMI
last year, you saw and heard many of the problems facing the
CNMI. For two years, the Administration has been reporting to
the Congress on the status of the joint efforts by the CNMI and
Federal agencies to resolve the range of labor, immigration and
law enforcement problems occurring in the CNMI. On two previous
occasions before this committee during the past two years, I
have presented the Administration's recommendation that the
CNMI minimum wage be set on a course that eventually will reach
the Federal minimum wage. In 1996, I stated that
Administration's recommendation, which was ``that the Congress
finalize enactment of * * * the minimum wage in Federal law
including the annual 30-cent increases in the minimum contained
(until very recently) in CNMI law.'' In 1995, in presenting the
Administration's minimum wage recommendation, I said, ``The
proposed legislation is crucial to resolution of CNMI
immigration and labor problems in the long-term.''
As you may recall, at last year's hearing, you agreed to
postpone action on minimum wage pending receipt of the CNMI's
report on wage rates. The study was to have been completed by
January 1997. January has come and gone, without a study. The
Administration believes that now is the proper time to act on
minimum wage.
The Administration supports the attached minimum wage
legislation (see Attachment) and applauds last year's effort by
the Senate to take this important step.
Mr. Chairman, we commend your efforts and those of Senator
Akaka and other on the Committee in seeking solutions to island
problems. I look forward to continuing our cooperative working
relationship.
[Attachment]
Draft Legislation--Recommend for Inclusion in S. 210
Territorial land grant colleges--technical amendment
In subsection (c) section 3 of S. 210--insert ``(1)'' after
``(c)'', and insert at the end the following language:
``(2) The proportion of any allocation of funds to
the Trust Territory of the Pacific Islands under any
Act in accordance with section 1361(c) of Public Law
96-374 prior to the enactment of this Act shall
hereafter remain the same with the amount of such funds
divided equally among the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.''.
Sec. . Federal programs personnel
Section 108 of Public Law 101-219 is amended by--
(1) striking the words ``at least one professional
staff person in each'', and
(2) inserting the words ``in the freely associated
states one professional staff person to serve in''.
Sec. . Submission of impact of the compact reports by Governors
Paragraph (2) of subsection (e) of section 104 of Public
Law 99-239 is amended by--
(1) striking the words in the first sentence that
begin with the word ``President'' through and including
the period, and
(2) inserting the words ``Governor of the United
States territory, commonwealth or the State of Hawaii
may report to the Secretary of the Interior by February
1 of each year, with respect to the impacts of the
compacts of free association on the Governor's
respective jurisdiction. The Secretary of the Interior
shall review and forward any such reports to the
Congress with the comments of the Administration.''.
Sec. . Federal minimum wage
Effective thirty days after enactment of this Act, the
minimum wage provisions of section 6 of the Fair Labor
Standards Act of June 25, 1938 (52 Stat. 1062), as amended,
shall apply to the Commonwealth of the Northern Mariana
Islands, except:
(1) effective thirty days after enactment of this
Act, the minimum wage rate applicable to the
Commonwealth of the Northern Mariana Islands shall be
$3.05 per hour;
(2) effective January 1, 1998 and every January 1
thereafter, the minimum wage rate shall be raised by
thirty cents per hour or the amount necessary to raise
the minimum wage rate to the wage rate set forth in
section 6(a)(1) of the Fair Labor Standards Act,
whichever is less; and
(3) once the minimum wage rate is equal to the wage
rate set forth in section 6(a)(1) of the Fair Labor
Standards Act, the minimum wage rate applicable to the
Commonwealth of the Northern Mariana Islands shall
thereafter be the wage rate set forth in section
6(a)(1) of the Fair Labor Standards Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 210, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
[Public Law 99-239, 99th Congress]
JOINT RESOLUTION To approve the ``Compact of Free Association'', and
for other purposes.
* * * * * * *
SEC. 103. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE MARSHALL
ISLANDS.
* * * * * * *
(h) DOE Radiological Health Care Program; USDA Agricultural
and Food Programs.--
(1) Marshall islands program.--Notwithstanding any
other provision of law, upon the request of the
Government of the Marshall Islands, the President
(either through an appropriate department or agency of
the United States or by contract with a United States
firm) shall continue to provide special medical care
and logistical support thereto for the remaining 174
members of the population of Rongelap and Utrik who
were exposed to radiation resulting from the 1954
United States thermonuclear ``Bravo'' test, pursuant to
Public Laws 95-134 and 96-206. Such medical care and
its accompanying logistical support shall total
$22,500,000 over the first 11 years of the Compact.
(2) Agricultural and food programs.--Notwithstanding
any other provision of law, upon the request of the
Government of the Marshall Islands, for the first [ten]
fifteen years after the effective date of the Compact,
the President (either through an appropriate department
or agency of the United States or by contract with a
United States firm) shall provide technical and other
assistance--
(A) without reimbursement, to continue the
planting and agricultural maintenance program
on Enewetak;
(B) without reimbursement, to continue the
food programs of the Bikini and Enewetak people
described in section 1(d) of Article II of the
Subsidiary Agreement for the Implementation of
Section 177 of the Compact and for continued
waterborne transportation of agricultural
products to Enewetak including operations and
maintenance of the vessel used for such
purposes. The President shall ensure that the
amount of commodities provided under these
programs reflects the changes in the population
that have occurred since the effective date of
the Compact.
(3) Payments.--Payments under this subsection shall
be provided to such extent or in such amounts as are
necessary for services and other assistance provided
pursuant to this subsection. It is the sense of
Congress that after the periods of time specified in
paragraphs (1) and (2) of this subsection,
consideration will be given to such additional funding
for these programs as may be necessary.
* * * * * * *
SEC. 104. INTERPRETATION OF AND UNITED STATES POLICY REGARDING COMPACT
OF FREE ASSOCIATION.
* * * * * * *
(e) Impact of Compact on U.S. Areas.--
(1) Statement of congressional intent.--In approving
the Compact, it is not the intent of the Congress to
cause any adverse consequences for the United States
territories and commonwealths or the State of Hawaii.
(2) Annual reports and recommendations.--One year
after the date of enactment of this joint resolution
and at one year intervals thereafter, the [President
shall report to the Congress with respect to the impact
of the Compact on the United States territories and
commonwealths and on the State of Hawaii.] Governor of
any of the United States territories or commonwealths
or the State of Hawaii may report to the Secretary of
the Interior by February 1 of each year with respect to
the impacts of the compacts of free association on the
Governor's respective jurisdiction. The Secretary of
the Interior shall review and forward any such reports
to the Congress with the comments of the
Administration. The Secretary of the Interior shall,
either directly or, subject to available technical
assistance funds, through a grant to the affected
jurisdiction, provide for a census of Micronesians at
intervals no greater than five years from each decenial
United States census using generally acceptable
statistical methodologies for each of the impact
jurisdictions where the Governor requests such
assistance, except that the total expenditures to carry
out this sentence may not exceed $300,000 in any year.
* * * * * * *
----------
[Public Law--Chapter 512]--Aug. 1, 1950]
AN ACT To provide a civil government for Guam, and for other purposes.
* * * * * * *
Sec. 8. (a) In case of the temporary disability or
temporary absence of the Governor, the Lieutenant Governor
shall have the powers of the Governor.
* * * * * * *
(e) An absence from Guam of the Governor or the Lieutenant
Governor, while on official business, shall not be a `temporary
absence' for the purposes of this section.
* * * * * * *
----------
[Public Law 92-318]
AN ACT To amend the Higher Education Act of 1965, the Vocational
Education Act of 1963, the General Education Provisions Act (creating a
National Foundation for Postsecondary Education and a National
Institute of Education), the Elementary and Secondary Education Act of
1965, Public Law 874, Eighty-first Congress, and related Acts, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Education Amendments of 1972''.
* * * * * * *
Sec. 506. (a) The College of Virgin Islands, the Community
College of American Samoa, [the College of Micronesia,] the
College of the Marshall Islands, the College of Micronesia-FSM,
the Palau Community College, the Northern Marianas College, and
the University of Guam shall be considered land-grant colleges
established for the benefit of agriculture and mechanic arts in
accordance with the provisions of the Act of July 2, 1862, as
amended * * *
* * * * * * *
----------
[Public Law 96-374, 96th Congress]
AN ACT To amend and extend the Higher Education Act of 1965, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Education Amendments of 1980''.
* * * * * * *
Part G--New Land Grant Colleges
american samoa and micronesia land grant colleges
Sec. 1361. (a) Section 506 of the Education Amendments of
1972 is amended--
* * * * * * *
(c) Any provisions of any Act of Congress relating to the
operation of or provisions of assistance to a land grant
college in Virgin Islands or Guam shall apply to the land grant
college in American Samoa, the Northern Mariana Islands, [and
the Trust Territory of the Pacific Islands (other than the
Northern Mariana Islands)] the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau in the same manner and to the same extent.
* * * * * * *
----------
[Public Law 90-351]
AN ACT To assist State and local governments in reducing the incidence
of crime, to increase the effectiveness, fairness, and coordination of
law enforcement and criminal justice systems at all levels of
government, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Omnibus Crime Control and Safe
Streets Act of 1968''.
* * * * * * *
Part I--Definitions
Definitions
Sec. 901. (a) As used in this title--
* * * * * * *
[(2) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands: Provided, That for the
purpose of section 3756(a) of this title, American
Samoa and the Commonwealth of the Northern Mariana
Islands shall be considered as one state \1\ and that
for these purposes 67 per centum of the amounts
allocated shall be allocated to American Samoa, and 33
per centum to the Commonwealth of the Northern Mariana
Islands.]
(2) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands;
----------
[Public Law 517, Chapter 558]
AN ACT To revise the Organic Act of the Virgin Islands of the United
States.
Be enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Revised Organic Act of the Virgin
Islands''.
* * * * * * *
Sec. 14. (a) In case of the temporary disability or
temporary absence of the Governor, the Lieutenant Governor
shall have the powers of the Governor.
* * * * * * *
(g) An absence from the Virgin Islands of the Governor or
the Lieutenant Governor, while on official business, shall not
be a `temporary absence' for purposes of this section.
----------
[Public Law 94-392, 94th Congress]
AN ACT To authorize the government of the Virgin Islands to issue bonds
in anticipation of revenue receipts and to authorize the guarantee of
such bonds by the United States under specified conditions, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a) in
addition to the authority conferred by section 8(b) of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1574(b)),
the legislature of the government of the Virgin Islands is
authorized to cause to be issued bonds or other obligations of
such government in anticipation of revenues to be received
under section 28(b) of such Act (26 U.S.C. 7652). The proceeds
of such bonds or other obligations may be used for any purpose
authorized by an act of the legislature. The legislature of the
government of the Virgin Islands may initiate, by majority vote
of the members, a binding referendum vote to approve or
disapprove the amount of any such bond or other obligation and/
or any purpose for which such bond or other obligation is
authorized.
(b) The legislature of the government of the Virgin Islands
may provide, in connection with any issue of bonds or other
obligations authorized to be issued under subsection (a) the
proceeds of which are to be used for public works or other
capital projects, that a guarantee of such bonds or obligations
by the United States should be applied for under section 2 of
this Act.
(c) Except to the extent inconsistent with the provisions
of this Act, the provisions of section 8(b)(ii) of the Revised
Organic Act of the Virgin Islands (other than the limitation
contained in the proviso to the first sentence of subparagraph
(A) shall apply to bonds and other obligations authorized to be
issued under subsection (a).
(d) The legislature of the government of the Virgin Islands
may cause to be issued notes in anticipation of the collection
of the taxes and revenues for the current fiscal year. Such
notes shall mature and be paid within one year from the date
they are issued. No extension of such notes shall by valid and
no additional notes shall be issued under this section until
all notes issued during a preceeding year shall have been paid.
* * * * * * *
Sec. 3. Each issue of bonds or other obligations issued
under sub-section (a) of the first section of this Act shall
have [priority for payment] A parity lien with every other
issue of bonds or other obligations issued for payment of
principal and interest out of revenues received under section
28(b) of the Revised Organic Act of the Virgin Islands [in the
order of the date of issue], except that issues guaranteed
under section 2 shall have priority, according to the date of
issue, over issues not so guaranteed and the revenues received
under section 28(b) of the Revised Organic Act of the Virgin
Islands shall be pledged for the payment of such bonds or other
obligations.
* * * * * * *
----------
[Public Law 96-399, 96th Congress]
AN ACT To amend and extend certain Federal laws relating to housing,
community and neighborhood development and preservation, and related
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assemble, That this
Act may bee cited as the ``Housing and Community development
Act of 1980''.
* * * * * * *
RESTRICTION ON USE OF ASSISTED HOUSING
Sec. 214. (a) Notwithstanding any other provision of law,
the applicable Secretary may not make financial assistance
available for the benefit of any alien unless that alien is a
resident of the United States and is--
* * * * * * *
(5) an alien who is lawfully present in the United
States as a result of the Attorney General's
withholding deportation pursuant to section 241(b)(3)
of the Immigration and Nationality Act (8 U.S.C.
1253(h)); [or]
(6) an alien lawfully admitted for temporary or
permanent residence under section 245A of the
Immigration and Nationality Act[.]; or
(7) an alien who is lawfully resident in the United
States and its territories and possessions under
section 141 of the Compacts of Free Association between
the Government of the United States and the Governments
of the Marshall Islands, the Federated States of
Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C.
1931 note) while the applicable section is in effect:
Provided, That, within Guam and the Commonwealth of the
Northern Mariana Islands any such alien shall not be
entitled to a preference in receiving assistance under
this Act over any United States citizen or national
resident therein who is otherwise eligible for such
assistance.
----------
[Public Law 101-219, 101st Congress]
JOINT RESOLUTION To authorize entry into force of the Compact of Free
Association between the United States and the Government of Palau, and
for other purposes.
* * * * * * *
SEC. 108. FEDERAL PROGRAMS COORDINATION PERSONNEL.
The Secretary of the Interior [shall station] shall,
subject to appropriations, station at least one professional
staff person in each of the Offices of the United States
Representatives in the Republic of Palau, the Federated States
of Micronesia, and the Republic of the Marshall Islands to
provide Federal program coordination and technical assistance
to such governments as authorized under Public Laws 99-239 and
99-658. In meeting the purposes of this section the Secretary
shall select qualified persons following consultations with the
Interagency Group on Freely Associated State Affairs.
----------
[Public Law 95-134, 95th Congress]
AN ACT To authorize certain appropriations for the territories of the
United States, to amend certain Acts relating thereto, and for other
purposes.
* * * * * * *
TITLE V
Sec. 501. In order to minimize the burden caused by
existing application and reporting procedures for certain
grant-in-aid programs available to the Virgin Islands, Guam,
American Samoa, [the Trust Territory of the Pacific Islands,]
the Republic of the Marshall Islands, the Federated States of
Micronesia, the Republic of Palau, and the Government of the
Northern Mariana Islands (hereafter referred to as ``Insular
Areas'') it is hereby declared to be the policy of the Congress
that:
(a) Nothwithstanding any provision of law to the contrary,
any department or agency of the Government of the United States
which administers any Act of Congress which specifically
provides for making grants to any Insular Area under which
payments received may be used by such Insular Area only for
certain specified purposes (other than direct payments to
classes of individuals) may, acting through appropriate
administrative authorities of such department or agency,
consolidate any or all grants made to such area for any fiscal
year or years.
* * * * * * *
----------
[Public Law 100-446, 100th Congress]
AN ACT Making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1989, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 1989, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Marshall
Islands as provided for in sections 122, 221, 223, 232, and 233
of the Compact of Free Association, $32,360,000, including
$2,500,000 for the Enjebi Community Trust Fund, to remain
available until expended as authorized by Public Law 99-239;
Provided, That notwithstanding the provisions of Public Laws
99-500 and 99-591, the effective date of the Palau Compact for
purposes of economic assistance pursuant to the Palau Compact
of Free Association, Public Law 99-658, shall be the effective
date of the Palau Compact as determined pursuant to section
101(d) of Public Law 99-658: Provided further, That in full
satisfaction of the obligation of the Untied States to provide
funds to assist in the resettlement and rehabilitation of
Bikini Atoll by the People of Bikini, to which the full faith
and credit of the United States is pledged pursuant to section
103(l) of Public Law 99-239, the United States shall deposit
$90,000,000 into the Resettlement Trust Fund for the People of
Bikini established pursuant to Public Law 97-257, and governed
pursuant to terms of such trust instrument, such deposit to be
installments of $5,000,000 on October 1, 1988; $22,000,000 on
October 1, 1989; $21,000,000 on October 1, 1990; $21,000,000 on
October 1, 1991; and $21,000,000 on October 1, 1992: Provided
further, That the terms of such Resettlement Trust Fund are
hereby modified to provide that corpus and income may be
expended for rehabilitation and resettlement of Bikini Atoll,
except that the Secretary may approve expenditures not to
exceed [$2,000,000 in any year from income for projects in Kili
or Ejit:] $2,500,000 in any year from income for projects on
Kili or Ejit: Provided further, That commencing on October 1,
1998 and every year thereafter, this dollar amount shall be
changed to reflect any fluctuation occurring during the
previous twelve months in the Consumer Price Index, as
determined by the Secretary of labor: Provided further, That
one year prior to completion of the rehabilitation and
resettlement program, the Secretary of the Interior shall
report to Congress on future funding needs on Bikini Atoll.
Unless otherwise determined by Congress, following completion
of the rehabilitation and resettlement program, funds remaining
in the Resettlement Trust Fund in excess of the amount
identified by the Secretary as required for future funding
needs shall be deposited in the United States Treasury as
miscellaneous receipts. Upon completion of those needs, the
Resettlement Trust Fund shall be extinguished and all remaining
funds shall be deposited in the United States Treasury as
miscellaneous receipts. The payment and use of funds in
accordance herewith is for the sole purpose of implementing and
fulfilling the terms of the Section 177 Agreement referred to
in section 462(d) of the Compact of Free Association between
the United States and the Republic of the Marshall Islands,
including Article VI, section 1, and Articles X and XII,
thereof. Payments pursuant hereto shall be made only upon: One,
voluntary dismissal with prejudice of Juda et al. v. the United
States, No. 88-1206 (Fed. Cir.); and two, submission of written
notice to the Untied States and the Republic of the Marshall
Islands, executed by duly-authorized representatives acting on
their behalf, that the People of Bikini accept the obligations
and undertaking of the United States to make the payments
prescribed by this Act, together with the other payments,
rights, entitlements and benefits provided for under the
Section 177 Agreement, as full satisfaction of all claims of
the People of Bikini related in any way to the United States
nuclear testing program in accordance with the terms of the
Section 177 Agreement.
* * * * * * *
