Home | Databases | WorldLII | Search | Feedback Federated States of Micronesia Sessional Legislation

Federated States of Micronesia Environmental Protection Enforcement [Title 25 - Chapter 7]

FEDERATED STATES OF MICRONESIA

TITLE 25

CHAPTER 7

Enforcement

Sections:

§ 701. Cooperative agreements.

§ 702. Environmental impact statements.

§ 703. Right of entry.

§ 704. Violation-Enforcement action.

§ 705. Administrative procedure applicable.

§ 706. Judicial review.

§ 707. False statements.

§ 708. Transition.

_____________________

§ 701. Cooperative agreements.

(1) The Board is authorized to enter into written cooperative agreements with the States or State agencies for the purpose of:

(a) collecting data and any information relative to identifying the local needs with respect to controlling, protecting, and enhancing the environmental quality of the State;

(b) acting as an agent of the Board in implementing programs at the State level;

(c) providing funds from the Board for the purpose of implementing environmental protection program activities within each State;

(d) conducting investigations, making studies, reviewing local grievances, and making recommendations as needed to the Board; and

(e) performing any other activities within the jurisdiction of the Board.

(2) Such function or functions delegated to the States pursuant to Subsection (1) of this Section may be reassumed and performed by the Board if such delegation will result in the actual termination of any financial grant received by the Board. Notice of such reassumption shall be by written notice to each State or State agency involved.

Source: PL 3-83 § 12.

Annotations

It is by no means clear that Secretary would be permitted to, as a matter of law, delegate his permit-granting authority under EPA regulations to some other person or official. Damarlane v PTA, 5 FSM Intrm 1, 6 (Pon 1991).

Bare conclusory statement by government that Secretary had delegated permit-granting authority to the State of Pohnpei without any indication as to how the delegation was accomplished is insufficient to establish that lawful delegation had occurred. Damarlane v PTA, 5 FSM Intrm 1, 7 (Pon 1991)

§ 702. Environmental impact statements.