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Palau Public Land Authority, RPPL 7-30 2007

SEVENTH OLBIIL ERA KELULAU
Seventeenth Special Session, May 2006 RPPL No. 7-30
(Re: as Senate Bill No. 7-162, HD1, PD1)

AN ACT

To amend 35 PNC § 510, § 511, § 801- 813 to change the authority on public lands from the President to the Board of Trustees of the Public Land Authority; to amend 35 PNC § 204, to change the composition of the number of members of the Board of Trustees of the Palau Public Land Authority; and to amend 35 PNC §208, to increase compensation for Board members; to amend 35 PNC §210, to include public lands outside of the Republic; and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Amendment. 35 PNC §204, as amended by RPPL 5-12, Section 1, is hereby amended to read as follows:

"§204. Board of trustees. The Authority shall be governed by a board of trustees consisting of seven (7) members to be appointed by the President with the advice and consent of the Senate. Initial appointments, which will start with the appointments after the effective date of this amendment, shall be as follows: three for a term of two years; and four for a term of three years. Each subsequent appointment shall be for a term of three years. Prior membership on the Board shall not constitute disqualification for reappointment."

Section 2. Amendment. 35 PNC §208, is hereby amended to read as follows:

"§208. Compensation.

(a) The compensation of each Board member shall be established by the Authority. The amount of compensation shall not exceed the sum of $50.00 for each day of attendance at an official Board meeting, not to exceed 10 working days in one month.

(b) Members of the Board . . . ."

Section 3. Amendment. 35 PNC §210, is hereby amended to read as follows:

"§210. Powers and duties of the Authority.

The Authority shall have the following powers and duties:

(a) to have perpetual juridical existence.

(b) to receive and hold title to public lands in the Republic and national government land/public land situated in other jurisdictions, i.e. Guam and Hawaii.

(c) ...."

Section 4. Amendment. 35 PNC §510 and 511, are hereby amended to read as follows:

"§510. Authority of Board of Trustees of the Palau Public Land Authority to promulgate regulations regarding payments and eligibility.

(a) The Board of Trustees of the Palau Public Land Authority shall adopt rules and regulations necessary to assure that:

(1) the payments and assistance authorized by this chapter shall be administered in a manner which is fair and reasonable, and as uniform as practicable;

(2) . . .

(3) any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of payment, may have his application reviewed by the Board of Trustees of the Palau Public Land Authority.

(b) The Board of Trustees of the Palau Public Land Authority may prescribe other regulations and procedures consistent with the provisions of this chapter.

§511. Administration; contracts for program services.

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency, with the approval of the Board of Trustees of the Palau Public Land Authority, may enter into contracts with any individual, firm, association . . . ."

Section 5. Amendment. 35 PNC §§802, 803, 805, 806, 809, 810, 813 are hereby amended to read as follow:

"§802. Establishment of area and requirements for use of homestead tracts.

(a) The Board of Trustees of the Palau Public Land Authority, upon advice of the Palau Public Lands Authority Executive Director, shall determine and establish:

. . . .

§ 803. Persons eligible to homestead.

(a) . . .

(1) . . .

. . . .

(A) no person shall be authorized to enter upon or acquire any right in any tract of public land which exceeds the maximum area of a homestead established by the Board of Trustees of the Palau Public Land Authority in accordance with section 802 of this title;

. . . .

(2) any clan, lineage, family or group of persons who collectively possess land rights established by local custom as recognized by the Board of Trustees of the Palau Public Land Authority; provided that:

(A) the Palau Public Lands Authority Executive Director, taking cognizance of the local customs concerning land tenure, shall recommend to the Board of Trustees of the Palau Public Land Authority the clans, lineages, families or groups of persons who are eligible for homestead privileges;

(B) no clan, lineage, family or group of persons shall be authorized to enter upon or acquire any rights in any tracts of public land which exceeds the maximum area of a homestead established by the Board of Trustees of the Palau Public Land Authority in accordance with section 802 of this title.

. . . .

§ 805. Application for homestead land; approval.

The Palau Public Lands Authority Executive Director shall verify the eligibility of the applicant and all essential facts set forth by the applicant. The Authority's Executive Director shall thereupon recommend approval or disapproval of the application to the Board of Trustees of the Palau Public Land Authority .

§806. Issuance of homestead permit.

(a) Upon approval of the application, the Board of Trustees of the Palau Public Land Authority shall issue a permit to enter upon, use and improve the land in accordance with standards as established under the provisions of section 802 of this title.

. . . .

§ 809. Revocation of homestead permit.

If at any time after the issuance of a permit to enter a homestead tract and before the expiration of the period prescribed by section 810 of this title, it is proved, after due notice to the homesteader, to the satisfaction of the Board of Trustees of the Palau Public Land Authority that the homesteader has abandoned the land or has failed to comply with the laws, rules and regulations appertaining to homesteads, then said permit shall be revoked and the land so entered shall revert to the national government; provided that where there may be unavoidable cause, the Board of Trustees of the Palau Public Land Authority may, in their discretion, allow the homesteader an extension of the period prescribed in section 810 of this title.

§ 810. Deed of conveyance.

(a) The Board of Trustees of the Palau Public Land Authority shall issue the deed of conveyance within two years of the time the homesteader becomes eligible to receive the deed of conveyance under the provisions of this chapter.

. . . .

§ 813. Board of Trustees of the Palau Public Land Authority's discretion to waive requirements.

The Board of Trustees of the Palau Public Land Authority may in their discretion waive any requirement, limitation or regulation relating to homesteading when the public interest requires such waiver."

Section 6. Effective date. This Act shall take effect upon its approval by the President, or upon its becoming law without such approval.

PASSED: May 30, 2007
Approved this 13th day of June , 2007.

/s/
Tommy E. Remengesau, Jr.
President
Republic of Palau