Chapter 12. Yap Community
Development Program
§1201. Short title.
§1202. Purpose.
§1203. Definitions.
§1204. Declaration of policy.
§1205. Yap Community Development Program created.
§1206. Administering agency.
§1207. Types of community projects.
§1208. Powers and duties of the administering agency.
§1209. Enterprise Fund created; financial matters.
§1210. Administrative support.
§1211. Councils of traditional leaders.
§1212.
Severability.
This chapter shall be known and may
be cited as the "Yap Community Development Program Act of
1995".
Source: YSL 4-17 §2, modified.
The purpose of this chapter is to
establish the Yap Community Development Program, thereby creating a means
to encourage and implement infrastructure and development projects at the
community level, while at the same time ensuring that such community-level
projects remain consistent with the State's overall development goals and
policies.
Source: YSL 4-17 §1, modified.
As used in this chapter, unless the
context otherwise requires, the term:
(a) "Administering agency" means that agency, government or private, which is administering the Program.
(b) "Community" means a group of people living together as a smaller social unit within the State, such as a village, municipality, or island.
(c) "Community Development Project" means production-oriented development projects at the community level, such as community-owned plantations, commercial farms, forestry projects, piggeries and poultry farms.
(d) "Community Infrastructure Project" means projects at the community level which are not directly production oriented, such as water-development projects, local-access roads and community facilities.
(e) "Community facilities" means those facilities including community houses, within the community for the community.
(f) "Farm equipment" means such equipment and tools as are necessary primarily for the implementation of Community Development Projects.
(g) "Heavy equipment" means such equipment and tools as are necessary primarily for the implementation of Community Infrastructure Projects, such as trucks, trailers, mixers, graders, loaders, rollers, tractors, generators, arc welders and pumps.
(h) "Local resource" means materials and other resources available in the community or in the State, such as local lumber, dirt, rocks, sand, gravel, and labor.
(i) "Program" means the Yap Community Development Program.
(j) "State" means the State of Yap.
Source: YSL 4-17 §3, modified.
The State is committed to improving
the lives of the people of the State through controlled development;
pursuant to that goal, it is the policy of the State to promote and to
participate in worthwhile development projects which benefit all of the
people of the State. It is further the policy of the State to
identify, screen, prioritize, plan for, assist in funding of and implement
infrastructure projects and development projects which benefit individual
communities, and to encourage community involvement and participation in
community developments.
Source: YSL 4-17 §4, modified.
There is hereby established the Yap
Community Development Program. The Program's functions shall be
governmental and public.
Source: YSL 4-17 §5.
The administering agency for the
Program during its first three years shall be the Yap Community Action
Program herein referred to as Yap-CAP. After the first three years
the Governor shall review the Program and its accomplishments, and make a
determination whether or not Yap-CAP should continue to administer the
Program.
Source: YSL 4-17 §6.
There shall be two general types of
projects emphasized under the Program: Community Development
Projects and Community Infrastructure Projects.
Source: YSL 4-17 §7.
To implement the provisions of this
chapter, the administering agency, in addition to the powers and duties
elsewhere conferred and imposed, shall have the following powers and
duties:
(a) Promote and encourage development projects at the community level, and carry on the business of implementing such projects.
(b) Adopt and enforce rules and regulations necessary to effect the purposes of this chapter.
(c) Receive, coordinate and administer grants and funds necessary for the effective implementation of this chapter, and serve as a conduit for public funds necessary to effect the purposes of this chapter.
(d) Purchase and coordinate such equipment as is necessary to effect the purposes of this chapter.
(e) Enter into contracts, including, but not limited to, contracts with any person, firm or corporation for the planning, supervision, financing, construction, operation or maintenance of, or may itself plan, supervise, finance, construct or otherwise acquire, operate or maintain all structures or improvements which, in its judgment, are useful, desirable, convenient or necessary to effect the purposes of this chapter.
(f) Provide for the continuing administration of the Program, including, but not limited to, its budgetary and financial aspects pursuant to the provisions of this chapter.
(g) Screen, evaluate, accept or not accept and prioritize project proposals pursuant to the provisions of this chapter and on the basis of specific factors which may include, but are not limited to:
(1) Consistency with the State's overall development goals and policies;
(2) Benefit to the general public of either an entire community or of a major section of that community;
(3) The need for the particular project;
(4) The number of people to be served;
(5) The availability of necessary funds;
(6) The availability of necessary land;
(7) The amounts and kinds of products and services, such as property, local resources, funds and other products to be contributed by the community for which the particular project is being considered;
(8) The extent to which the particular project is ready and able to proceed;
(9) Input gathered after consultation with concerned government agencies; and
(10) The necessity of an equitable distribution of Program projects and funds.
(h) Keep records of all Program meetings, projects and financial matters, submit annual reports in writing to the Legislature at its regular sessions in January summarizing Program activities since the previous session, and make such reports to the Governor as he may deem appropriate or necessary, in such manner and form as he may prescribe.
(i) Insure that every Community Infrastructure Project proposal includes a preventive maintenance plan.
(j) Provide supervision and coordination of other assistance required by a particular project, and utilize and coordinate the arrangement of labor, materials and funds required by the particular project, including, but not limited to, the following or any combination of the following:
(1) Completion of the project by the community involved;
(2) Completion of the project by the Department of Public Works and Transportation; or
(3) Completion of the project by a private contractor.
(k) Store and maintain the Program's heavy equipment, which shall be used primarily for Program purposes.
(l) If necessary, assist in the preparation of any required designs or blueprints and, for all projects certify required designs or blueprints for accuracy and conformance to applicable laws and engineering standards.
(m) Store and maintain the Program's farm equipment, which shall be used primarily for the Program purposes.
(n) Exercise the powers and perform the duties enumerated in this section, and engage in such other activities as are consistent with the purposes of this chapter. The enumeration of specific powers and duties under this section shall not be deemed to be exclusive.
Source: YSL 4-17 §8, modified.
Cross-reference: The statutory provisions on the Department of Public Works and Transportation are found in section 124 of Title 3 of this Code.
(a) There is hereby created for the Program the Yap Community Development Program Enterprise Fund, hereinafter referred to as the Fund. Any and all monies, grants and appropriations intended for the Program, of any type and from any source, shall be deposited directly into the Fund for the Program. The Fund shall be used only for funding community projects under the Program pursuant to this chapter. The Director of the Office of Administrative Services shall administer the Fund.
(b) The Fund shall be a revolving fund, and no part of the Fund shall revert to the General Fund of the State of Yap at the end of any fiscal year.
(c) All monies received and all amounts paid out of the Fund shall be accounted for in accordance with all applicable laws and regulations.
(d) The expenditure of Program funds may include, but not limited to, purchases of the following:
(1) Farm equipment and heavy equipment necessary for Program projects;
(2) Imported and local materials necessary for Program projects, provided that such materials can be acquired only through purchase; and
(3) Contractual services necessary for Program projects.
(e) The fiscal year of the Program shall correspond to that of the State.
Source: YSL 4-17 §9, modified.
Cross-reference: The statutory provisions on the Office of Administrative Services are found in section 127 of Title 3 of this Code. The statutory provisions on the Enterprise Fund are found in section 1212(c) of Title 13 of this Code.
The administering agency may request
the Governor for the services of such professional, technical,
administrative and clerical staff as it deems necessary to carry out its
operations. The Governor shall furnish such administrative support
to the administering agency as he is able to provide.
Source: YSL 4-17 §10.
(a) The Council of Pilung and Council of Tamol shall, when they so desire, advise the administering agency on particular projects, and shall advise the administering agency on all projects which concern historic properties and traditional culture.
(b) The administering agency shall deliver reports on the activities of the Program to the Council of Pilung and the Council of Tamol upon the request of the Council.
Source: YSL 4-17 §11.
Cross-reference: The statutory provisions on Councils of Traditional Leaders are found in chapter 1 of Title 5 of this Code. The statutory provisions on Historic Preservation are found in chapter 4 of Title 5 of this Code.
If any provision of this chapter, or
amendments thereto, or application thereof to any person, thing or
circumstance is held invalid, the invalidity does not affect the
provisions or application of this chapter, or amendments thereto, that can
be given effect without the invalid provision or application, and to this
end the provisions of this chapter, or amendments thereto, are
severable.
Source: YSL 4-17 §12, modified.