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Reorganize the Ministries within the Executive Branch, RPPL 7-43 2008

RPPL No. 7-43
(Intro: as House Bill No. 7-51-7S, SD2)
AN ACT

To amend 2 PNC, Chapter 1, Sections 102, and 106, to split the Ministry of Resources and Development, by creating two separate and distinct ministries; to dissolve the Ministry of Commerce and Trade; and for other related purposes.

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

Section 1. Legislative findings. The Olbiil Era Kelulau hereby finds that the Republic of Palau's natural resources must be fully developed and managed in a manner that ensures sustainable development and bountiful island life for all Palauans. To do this, the Olbiil Era Kelulau recognizes that the Ministry of Resources and Development's governmental structure needs to be upgraded, to strengthen its integrity and ability to maintain its functions. Currently, the Ministry of Resources and Development handles the dual job of managing both the maintenance, operation, engineering, and design of government-owned facilities and equipment, as well as, managing the promotion, exploitation, development, and conservation of the natural resources of the Republic.

The Olbiil Era Kelulau finds that it is overly burdensome to expect the Minister of Resources and Development to divide time and resources between two vastly separate and distinct areas. All other Ministries are allowed to focus on one distinct area. The Minister of Health's only focus is on the area of health. The Minister of Education's focus pertains only to education, and so on. It is too large of a responsibility to require the Minister of Resources and Development to manage such vast and distinct areas. Each of these areas of management requires a separate ministry to efficiently carry out the required work.

By providing a separate Ministry of Natural Resources, Environment, and Tourism, the Republic can build a better development and management policy, which will assist the Ministry of Public Infrastructure, Industries and Commerce in its functions and responsibilities, and provide an accurate assessment of all resources, including agriculture, aquaculture, forestry, and all other natural resources maintained in the Republic, as well as tourism, human resources, and the environment. The best uses for the Republic's resources will be determined efficiently, and the

Republic's resources can be used to positively develop the Republic. Having two separate ministries will allow for more efficient management of both public works, and the Republic's resources at a minimum expense. Due to the large amount of work performed by the Ministry of Resources and Development, the Olbiil Era Kelulau calls for the reorganization of the Ministry of Resources and Development, by splitting the Ministry of Resources and Development into the Ministry of Public Infrastructure, Industries and Commerce and the Ministry of Natural Resources, Environment, and Tourism.

With the creation of these new ministries, it will not be necessary to have the Ministry of Commerce and Trade. The functions and responsibilities of the Ministry of Commerce and Trade may also be split up into the new ministries, and the existing ministries. It will be important for the President of the Republic of Palau to rearrange, by executive order, the various bureaus, divisions, and other entities that are affected by this Act.

Section 2. Amendment. 2 PNC Chapter 1 is hereby amended to read as follows:

". . . .

§ 102. Ministries.

(a) The major departments of the Executive branch of the national government shall be:

(1) the Ministry of State;

(2) the Ministry of Justice;

(3) the Ministry of Public Infrastructure, Industries and Commerce;

(4) the Ministry of Administration;

(5) the Ministry of Health;

(6) the Ministry of Education;

(7) the Ministry of Community and Cultural Affairs; and

(8) the Ministry of Natural Resources, Environment, and Tourism.

(b). . . .

. . . .

§ 106. Functions of Ministry of Public Infrastructure, Industries and Commerce.

The Ministry of Public Infrastructure, Industries and Commerce, shall be responsible for the maintenance, operation, engineering, and design of government-owned facilities and equipment, including public utilities; public works; capital improvement projects; infrastructure; lands; surveys; land, sea, and air transportation, including ports; communications; and for other related matters.

. . . .

§ 121. Functions of Ministry of Natural Resources, Environment, and Tourism.

(a) The Ministry of Natural Resources, Environment, and Tourism shall be responsible for the promotion, exploration, exploitation, development, and management of the natural resources of the Republic, including marine and fisheries, agriculture, aquaculture, forests, mineral and other land-based and ocean-based resources; as well as the promotion and development of tourism, and the protection and management of the environment; labor; and for other related matters.

(b) The Ministry of Natural Resources, Environment, and Tourism shall provide monetary and technical assistance to state governments on a nondiscriminatory and equitable basis, to further the goals of the Ministry.

(c) The Bureau of Marine Resources, under the Ministry of Natural Resources, Environment, and Tourism, shall be headed by a Director who shall be responsible for exploring, surveying, developing, managing and conserving all near shore marine resources. Specifically, the Director shall:

(1) Continue efforts to develop inshore fisheries by transferring modern fishing techniques to Palauan fishermen for the purpose of enhancing subsistence and commercial fishing;

(2) Promote and develop commercialization of fisheries and fishery value added products;

(3) Assisting the development of fisheries infrastructure and programs at the state level;

(4) Continue the exploration of other species of high value, such as deep water fish, crabs, shrimp and squid for potential commercial development;

(5) Explore seabed mineral resources within the continental shelf in the Republic of Palau;

(6) Conduct pilot programs with the aim of promoting and developing commercialization of fisheries and fishery products;

(7) Establish programs to hatch and rear identified species of fish, mollusks, crustaceans, and turtles to be returned to their natural habitats at maturity as a means of preventing the depletion of such important marine resources;

(8) Assess and evaluate the commercial viability of various reef and deep water fish, baitfish, mollusks, crustaceans, turtles, and other marine and aquatic life from catch records, census and quantitative field measurements;

(9) Assist the Minister of Natural Resources, Environment, and Tourism and the Palau Fisheries Advisory Committee ("PFAC") in the development and implementation of a comprehensive fisheries policy and in the negotiation of multilateral, sub-regional, and bilateral fisheries agreements;

(10) Assist the Minister of Natural Resources, Environment, and Tourism and the PFAC in formulating, establishing and implementing guidelines and conservation measures to safeguard against the over-exploitation and over-harvesting of near shore marine resources;

(11) Provide technical assistance and advisory services to local fishing cooperatives in the purchasing, handling and marketing of fish and other marine products both locally and outside the Republic of Palau;

(12) Provide staff support and administrative assistance to the PFAC; and

(13) Maintain and operate the Palau Mariculture Demonstration Center, in order to enhance marine biological research, study and experimentation of mariculture and aquaculture fisheries.

(d) Money paid to the National Government under the "Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America" and certain Annexes thereto and labeled or set aside as the "Project Development Fund" ("PDF") shall only be used for fishing, aquaculture and mariculture projects, and shall not be used for travel expenses. The section of RPPL No. 6-37 entitled 'Apportionment and Allotment' shall not apply to this PDF, which shall be allocated by the President to the Director of Marine Resources who shall distribute the PDF to various projects as requested by the states. The Director shall institute a method of rotation to ensure fair distribution of money to all sixteen states. At a minimum, this rotation shall ensure that if PDF funds are insufficient to fund all projects within a given year, states that received funding in the previous year shall not again have projects funded unless all other project requests have been fulfilled. The Director of Marine Resources shall submit a yearly report to the Olbiil Era Kelulau setting forth all the expenditures from the PDF.

(e) There is hereby established a Bureau of Labor and Human Resources, under the Ministry of Natural Resources, Environment, and Tourism, which shall be responsible for labor and the effective utilization of human resources. The Bureau of Labor and Human Resources shall have all of the powers, duties, and responsibilities of the former Division of Labor and the former Bureau of Human Resources and Development; and the Bureau of Labor and Human Resources shall follow the rules and regulations promulgated by the former Division of Labor. The Bureau of Labor and Human Resources may amend the current Labor rules and regulations, in accordance with 6 PNC Chapter 1, to properly carry out its duties and responsibilities. The President: of the Republic, by executive order and consistent with Section 3 of this Act, shall further provide for the responsibilities, duties, and functioning of the Bureau of Labor and Human Resources."

Section 3. General amendments.
(a) All references in Title 30 of the Palau National Code to the Division of Labor, are hereby amended to reference the Bureau of Labor and Human Resources.

(b) All references in Title 30 of the Palau National Code to the Chief of the Division of Labor, are hereby amended to reference the Director of the Bureau of Labor and Human Resources.

Section 4. Transition provisions. Sections 2, 3, 5, and 6 of this Act shall take effect on January 1, 2009, or ninety (90) days after the effective date of this Act if the effective date of this Act is after January 1, 2009. Within forty-five (45) days after the effective date of this Act, the President shall provide for subdivisions of the ministries and prescribe their duties, responsibilities, and functions, by executive order, consistent with the provisions of 2 PNC Chapter 1. The executive order shall take effect on October 1, 2006[sic], or as soon as practicable after the effective date of this Act if the effective date of this Act is after October 1, 2006[sic].

Section 5. Repealer. 2 PNC §115 is hereby repealed.

Section 6. General amendments.
(a) All references to the Ministry of Resources and Development in the Palau National Code, and in the Republic of Palau Public Laws, in relation to the responsibilities of the Ministry of Public Infrastructure, Industries and Commerce, as established in Section 2 of this Act, are hereby amended to reference the Ministry of Public Infrastructure, Industries and Commerce, or to another ministry if the reference specifically applies to the functions of that other ministry as established in 2 PNC Chapter 1, as amended.

(b) All references to the Minister of Resources and Development in the Palau National Code, and in the Republic of Palau Public Laws, which are in relation to the responsibilities of the Ministry of Public Infrastructure, Industries and Commerce, as established in Section 2 of this Act, are hereby amended to reference the Minister of Public Infrastructure, Industries and Commerce, or to another minister if the reference specifically applies to the functions of that other minister as established in 2 PNC Chapter l, as amended.

(c) All references to the Ministry of Commerce and Trade in the Palau National Code, and in the Republic of Palau Public Laws, which are in relation to the responsibilities of the Ministry of Public Infrastructure, Industries and Commerce, as established in Section 2 of this Act, are hereby amended to reference the Ministry of Public Infrastructure, Industries and Commerce, or to another ministry if the reference specifically applies to the functions of that other ministry as established in 2 PNC Chapter 1, as amended.

(d) All references to the Minister of Commerce and Trade in the Palau National Code and in the Republic of Palau Public Laws are hereby amended to reference the Minister of Public Infrastructure, Industries and Commerce, if it fits under the functions of the Ministry of Public Infrastructure, Industries and Commerce, or to another minister if the reference specifically applies to the functions of that other minister as established in 2 PNC Chapter 1, as amended.
Section 7. Effective date. This Act shall take effect upon its approval by the President of the Republic, or upon its becoming law without such approval.

PASSED: May 01, 2008

Approved this 8th day of May , 2008

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