Secretarial Order No. 3027

Section 1. Purpose. The purpose of this order is to effect interim reconstitution of the legislative authority of the Government of the Trust Territory of the Pacific Islands; to provide for new interim legislative authority for the Districts that will become the Federated States of Micronesia (i.e.: Kosrae, Yap, Ponape and Truk), the Marshall Islands and Palau Districts; to cancel the elections for the Congress of Micronesia scheduled for November 1978; to provide for the segregation of revenues and fiscal matters among the Marshall Islands District, Palau District, and the Districts that will become the Federated States of Micronesia; and to provide that the High Commissioner shall initiate discussions with appropriate representatives for the purpose of reorganizing the Trust Territory Government to give appropriate effect to governments based on locally developed constitutions in the Marshall Islands, the Palau District, and the Districts which will comprise the Federated States of Micronesia.

a. Except as provided in Section 4d, of this order, the legislative authority of the Government of the Trust Territory is hereby vested in three Trust Territory Legislatures. For the Districts of Kosrae, Yap, Ponape and Truk, this authority shall reside in the "Interim Congress of the Federated States of Micronesia," which shall consist of two houses, the Senate and the House of Representatives. For the District of Palau, this authority shall reside in the "Palau Legislature," which shall be organized according to the terms of the charter of the Palau Legislature in force on the effective date of this order. For the District of the Marshall Islands, this authority shall reside in the "Marshall Islands Nitijela," which shall be organized according to the terms of the charter of the Marshall Islands Legislature in force on the effective date of this order.

b. The authority of each of the three Trust Territory Legislatures shall be co-extensive; each shall enjoy the same relationship with the executive authority of the Government of the Trust Territory; but the authority and responsibility of each of the Trust Territory Legislatures shall not extend beyond the Districts which elect members to it.

c. Each of the Trust Territory Legislatures shall, as to their respective jurisdictions, succeed to the authority of the Congress of Micronesia. As of October 1, 1978, the Trust Territory Legislatures may meet in regular session.

b. (1) The members of the Seventh Congress of Micronesia representing the Districts that will constitute the Federated States of Micronesia shall constitute the Interim Congress of the Federated States of Micronesia. Vacancies in membership shall be filled in the same manner as provided in Part III, Section 21 of Secretarial Order 2918.

(2) The terms of the members of the Interim Congress of the Federated States of Micronesia shall extend until such time as the first Congress of the Federated States of Micronesia is elected and organized pursuant to the Constitution of the Federated States of Micronesia.

(3) Provision for election of the Congress of the Federated States of Micronesia not later than March 31, 1979, and organization of that Congress not later than May 15, 1979, shall be made by the Interim Congress of the Federated States of Micronesia.

c. The terms of the members of the Seventh Congress of Micronesia representing the Marshall Islands and the Palau Districts shall expire as provided in Section 4 d, of this order. The Nitijela and the Palau Legislature shall provide by law that such persons shall be members-at-large of their respective Trust Territory Legislatures. The terms of these members-at-large shall be determined by the Nitijela and the Palau Legislature respectively and their compensation shall be no less than that provided by law for the elected members of those Trust Territory Legislatures.

d. Notwithstanding any other provision of this order, the Seventh Congress of Micronesia shall retain its authority and responsibility under Trust Territory law relating to the July 12, 1978, referendum on the Constitution of the Federated States of Micronesia. The authority of the Congress to conduct legislative investigations as set forth in Title 2 of the Trust Territory Code shall remain in effect with respect to the referendum in all six administrative districts. This authority shall not extend beyond November 1, 1978, at which time the Seventh Congress of Micronesia shall be dissolved unless it is earlier dissolved by its own action. During the period of this continued legislative authority of the Seventh Congress of Micronesia, the provisions of the Trust Territory referendum law and the provisions of the Code relating to investigatory authority of the Congress may not be amended by any Trust Territory Legislature or the Congress of Micronesia.

e. The Seventh Congress of Micronesia shall also have the authority to consider and enact such legislation as the High Commissioner may submit relative to the implementation of Section 7 of this order. The terms of office of all members of the Seventh Congress of Micronesia shall expire upon the dissolution of that Congress.

Section 5. Continuation of Laws. Trust Territory statutory law shall continue in full force and effect, except as modified by this order, until and unless modified or repealed by appropriate action by any of the Trust Territory Legislatures for its respective jurisdiction. The term "Interim Congress of the Federated States of Micronesia", "Palau Legislature" or "Marshall Islands Nitijela" shall be substituted for the term "Congress of Micronesia" wherever the latter term appears in Trust Territory statutory law in its application to their respective jurisdictions.

Section 6. Trust Territory-Wide Programs. Trust Territory Social Security laws shall continue in effect on a Trust Territory-wide basis and Social Security taxes shall continue to be collected, deposited, and administered by the Trust Territory Social Security Fund.

a. Except as provided by Section 6 of this order, effective October 1, 1978, all taxes, fees, interest, royalties, fines, licenses, and other government charges (hereinafter referred to as "revenues") collected pursuant to any provision of Trust Territory statutory law shall be deposited in full to the treasury of the Trust Territory Legislature having jurisdiction for the District of origin of such revenue, except in the case of those Districts under the legislative jurisdiction of the Interim Congress of the Federated States of Micronesia, in which case the revenues shall be distributed among the Interim Congress of the Federated States of Micronesia and its respective District legislatures in accordance with the provisions of appropriate Trust Territory statutory law.

b. The Revenue Division of the Government of the Trust Territory shall continue to have the authority and responsibility to collect revenues due pursuant to Trust Territory statutory law until such time as any one of the Trust Territory legislatures provides otherwise. During the period of such responsibility, the Revenue Division of the Government of the Trust Territory shall assess each Trust Territory legislature for the actual expense of revenue collection and attendant administrative expenses.

Section 8. Trust Territory Headquarters. The High Commissioner shall have the authority to hire such professional and administrative staff as may be necessary to carry out his duties and responsibilities. Reorganization of the Office of the High Commissioner and Trust Territory Government Headquarters as they exist on the effective date of this Order may be made by the High Commissioner including the establishment of new departments, bureaus, offices and lines of authority. Departments, bureau and office subdivisions and lines of authority shall be set forth in a table of organization approved by the High Commissioner. Actions affecting Federal personnel are subject to the limitations contained in 205 DM 8.1C(6).

Section 9. Government Reorganization. Recognizing that this order is an interim step toward reorganization of the Government of the Trust Territory of the Pacific Islands in anticipation of the establishment of constitutional governments and the termination of the Trusteeship Agreement, the High Commissioner is directed to initiate consultations to prepare recommendations to the Secretary of the Interior for additional governmental reorganization giving effect to the maximum possible extent to developing constitutional arrangements consistent with the obligations of the High Commissioner, the Secretary of the Interior, and the United States Government under the Trusteeship Agreement, such laws of the United States as have been extended to the Trust Territory, and Executive Order 11021, as amended. Such consultations shall be completed as soon as practicable and should be completed by December 31, 1978, and recommendations forwarded to the Secretary of the Interior no later than January 5, 1979.

a. The provisions of Secretarial Order No. 2918, as amended, and other prior orders of the Secretary of the Interior, insofar as they are inconsistent with the provisions of this Order, are hereby superseded.