48 U.S.C. § 1932 — Extension of Compact of Free Association

Page 323 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1932 and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. PROC. NO. 6726. PLACING INTO FULL FORCE AND EFFECT COMPACT OF FREE ASSOCIATION WITH REPUBLIC OF PALAU Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, provided: Since July 18, 1947, the United States has adminis- tered the United Nations Trust Territory of the Pacific Islands (‘‘Trust Territory’’), which has included the Northern Mariana Islands, the Federated States of Mi- cronesia, the Marshall Islands, and Palau. On November 3, 1986, a Covenant between the United States and the Northern Mariana Islands [48 U.S.C. 1801 note] came into force. This Covenant established the Commonwealth of the Northern Mariana Islands as a self-governing Commonwealth in political union with and under the sovereignty of the United States. On October 21, 1986, in the case of the Republic of the Marshall Islands, and on November 3, 1986, in the case of the Federated States of Micronesia, Compacts of Free Association with the United States [48 U.S.C. 1901 note] became effective. Under the Compacts, the Fed- erated States of Micronesia and the Republic of the Marshall Islands became self-governing sovereign states, in free association with the United States. Fol- lowing the changes in political status of the Northern Mariana Islands, the Marshall Islands, and the Fed- erated States of Micronesia, the Trusteeship Agree- ment ceased to be applicable to those entities and only Palau remained as the Trust Territory of the Pacific Is- lands. On January 10, 1986, the Government of the United States and the Government of Palau concluded a Com- pact of Free Association [set out above] similar to those that the United States entered into with the Re- public of the Marshall Islands and with the Federated States of Micronesia. As in those instances, it was spec- ified that the Compact with Palau would come into ef- fect upon (1) mutual agreement between the Govern- ment of the United States, acting in fulfillment of its responsibilities as Administering Authority of the Trust Territory of the Pacific Islands, and the Govern- ment of Palau; (2) the approval of the Compact by the two Governments, in accordance with their constitu- tional processes; and (3) the approval of the Compact by plebiscite in Palau. In Palau the Compact has been approved by the Gov- ernment in accordance with its constitutional proc- esses and by a United Nations-observed plebiscite on November 9, 1993, a sovereign act of self-determination. In the United States the Compact was approved by Public Law 99–658 of November 14, 1986 [48 U.S.C. 1931 et seq.], and Public Law 101–219 of December 12, 1989 [48 U.S.C. 1951 et seq.]. On May 25, 1994, the Trusteeship Council of the United Nations concluded that the Government of the United States had satisfactorily discharged its obliga- tions as the Administering Authority under the terms of the Trusteeship Agreement and that the people of Palau had freely exercised their right to self-deter- mination and considered that it was appropriate for the Trusteeship Agreement to be terminated. The Council asked the United States to consult with the Govern- ment of Palau and to agree on a date, on or about Octo- ber 1, 1994, for entry into force of their new status agreement. On July 15, 1994, the Government of the United States and the Government of the Republic of Palau agreed, pursuant to section 411 of the Compact of Free Associa- tion, that as between the United States and the Repub- lic of Palau, the effective date of the Compact shall be October 1, 1994. As of this day, September 27, 1994, the United States has fulfilled its obligations under the Trusteeship Agreement with respect to the Republic of Palau. On October 1, 1994, the Compact will enter into force be- tween the United States and the Republic of Palau, and Palau will thereafter be self-governing and no longer subject to the Trusteeship. In taking these actions, the United States is implementing the freely expressed wishes of the people of Palau. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- dent of the United States of America, by the authority vested in me by the Constitution and laws of the United States, including sections 101 and 102 of the Joint Resolution to approve the ‘‘Compact of Free As- sociation’’ between the United States and the Govern- ment of Palau, and for other purposes, approved on No- vember 14, 1986 (Public Law 99–658) [48 U.S.C. 1931, 1932], and section 101 of the Joint Resolution to authorize entry into force of the Compact of Free Association be- tween the United States and the Government of Palau, and for other purposes, approved on December 12, 1989 (Public Law 101–219) [48 U.S.C. 1951], and pursuant to section 1002 of the Covenant to Establish a Common- wealth of the Northern Mariana Islands in Political Union with the United States of America [48 U.S.C. 1801 note], and consistent with sections 101 and 102 of the Joint Resolution to approve the ‘‘Compact of Free As- sociation’’ and for other purposes, approved on January 14, 1986 (Public Law 99–239) [48 U.S.C. 1901, 1902], do hereby find, declare, and proclaim as follows: SECTION 1. I determine that the Trusteeship Agree- ment for the Pacific Islands will be no longer in effect with respect to the Republic of Palau as of October 1, 1994, at one minute past one o’clock p.m. local time in Palau. This constitutes the determination referred to in section 1002 of the Covenant with the Northern Mar- iana Islands (Public Law 94–241). SEC. 2. The Compact of Free Association with the Re- public of Palau will be in full force and effect as of Oc- tober 1, 1994, at one minute past one o’clock p.m. local time in Palau. SEC. 3. I am gratified that the people of the Republic of Palau, after 47 years of Trusteeship, have freely cho- sen to establish a relationship of Free Association with the United States. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and nineteenth. WILLIAM J. CLINTON. § 1932. Extension of Compact of Free Association to Palau (a) The interpretation of and United States Policy Regarding the Compact of Free Associa- tion set forth in section 1904 of this title shall apply to the Compact of Free Association with Palau. (b) The provisions of section 1905 of this title, except for subsection (i), section 1906 of this title, section 1910 of this title, and section 1911(a) and (d) of this title shall apply to Palau in the same manner and to the same extent as such sections apply to the Marshall Islands. (Pub. L. 99–658, title I, § 102, Nov. 14, 1986, 100 Stat. 3675.) Page 324 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1933 1 So in original. Probably should be followed by ‘‘of the Com- pact’’. Editorial Notes REFERENCES IN TEXT The Compact of Free Association with Palau, referred to in subsec. (a), is the Compact of Free Association be- tween the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1933. Supplemental provisions (a) Civic Action Teams (1) In recognition of the special development needs of Palau and the Marshall Islands, the United States shall make available United States military Civic Action Teams for use in Palau or the Marshall Islands under terms and conditions mutually agreed upon by the Govern- ment of the United States and the Governments of Palau or the Marshall Islands, as appropriate. The Government of Palau may use the amount of $250,000 annually from current account funds provided pursuant to section 211 of the Compact to defray expenditures attendant to the oper- ation of the Civic Action Teams made available pursuant to this subsection. The Government of the Marshall Islands may use the amount of $250,000 annually from current account funds provided under section 211 of Title Two of the Compact of Free Association with the Marshall Islands to defray expenditures attendant to the operation of the Civic Action Teams made avail- able pursuant to this subsection. (2) For expenditures that the Department of Defense makes pursuant to paragraph (1), the Secretary of Defense may accept up to the amount of $250,000 in annual funds from the Gov- ernment of Palau as specified in paragraph (1). Funds accepted by the Secretary from the Gov- ernment of Palau under this paragraph shall be credited to and merged with appropriations available to the Department of Defense and shall be used to defray expenditures attendant to the operation of the United States military Civic Action Team in Palau. Funds so credited and merged shall be available for the same time period as the appropriations to which the funds are credited and merged. (b) Inventory and study of natural, historic, and other resources The Secretary of the Interior shall conduct, upon request of Palau, the Federated States of Micronesia or the Marshall Islands, and through the Director of the National Park Service, a comprehensive inventory and study of the most unique and significant natural, historical, cul- tural, and recreational resources of Palau, the Federated States of Micronesia or the Marshall Islands. Areas or sites exhibiting such qualities shall be described and evaluated with the objec- tive of the preservation of their values and their careful use and appreciation by the public, along with a determination of their potential for at- tracting tourism. Alternative methodologies for such preservation and use shall be developed for each area or site (including continued assistance from the National Park Service); current or im- pending damage or threats to the resources of such areas or sites shall be identified and evalu- ated; and authorities needed to properly protect and allow for public use and appreciation shall be identified and discussed. Such inventory and study shall be conducted in full cooperation and consultation with affected governmental offi- cials and the interested public. A full report on such inventory and study shall be transmitted to Palau or the Federated States of Micronesia or the Marshall Islands, the Committee on Inte- rior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate no later than two complete cal- endar years after November 14, 1986. The inven- tory and study shall also identify areas or sites which, if they were located in the United States, would qualify to be listed on the Registry of Natural Landmarks and the National Register of Historic Places. (c) Omitted (d) Peleliu and Angaur Not later than one year after November 14, 1986, the Secretary of Agriculture, after appro- priate studies conducted in consultation with the Government of Palau, shall report to the President and the Congress concerning the feasi- bility and cost of rehabilitating and restoring the fertility of the topsoil of the islands of Peleliu and Angaur. Upon the request of the Government of Palau, the President shall make the report of the Secretary of Agriculture avail- able to the Government of Palau. Technical as- sistance to accomplish such rehabilitation and restoration, if feasible, may be provided to the Government of Palau on a nonreimbursable basis, subject to the availability of appropriated funds. (e) Power generation Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sum and amounts payable to the Government of Palau pursuant to this joint resolution to any party other than the Government of Palau, except under the procedures established by the Com- pact and its related agreements. No funds appro- priated pursuant to the Compact, this Act, or any other Act for grants or other assistance to Palau may be used to satisfy any obligation or expense incurred by Palau prior to November 14, 1986, with respect to any contract or debt re- lated to any electrical generating plant or re- lated facilities entered into or incurred by Palau which has not been specifically authorized by Congress in advance, except that the Govern- ment of Palau may use any portion of the an- nual grant under section 211(b) 1 not required to be devoted to the energy needs of those parts of Palau not served by its central power generating facilities and any portion of the funds under sec- tion 212(b) of the Compact for such purpose. (f) Reduction of appropriations Amounts appropriated to be paid pursuant to section 177 of Article I of Title One or Articles