YSC, Title 5.  Traditional Leaders & Traditions

 
 
 
Chapter 5.  Tradition
Award Fund

501.  Intent of the Legislature.
502.  Creation of Tradition Award Fund.
503.  Financial matters and appropriation.
504.  Annual reports.
505.  Authority to disburse funds; procedures.
506.  Awards; funds disbursement.
507.  Severability.

     501.  Intent of the Legislature.
     It is the intent of the Legislature of the State of Yap to encourage the citizens of the State of Yap to promote, support and preserve Yapese traditions and customs and heritage.  The Legislature intends to create a fund from which awards would be made to individual municipality, village or community for the construction and completion of its own traditional men's or meeting house.  This program is designed to provide an incentive for those members of the respective communities who possess skills and expertise in traditional construction of men's or meeting houses to pass on such traditional skills and expertise to the younger generation through usage and actual practice.  This program is beneficial to the State of Yap since it will provide for (1)  preservation of traditions and customs, (2)  tourists attraction, and (3)  teaching of traditions and customs.

Source:  YSL 2-102 1, modified.

Cross-reference:  The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III.  The full text of the Yap State Constitution is found following the Introduction to this Code.

     502.  Creation of Tradition Award Fund.
    There is created a fund to be known as the Tradition Award Fund, herein referred to as the "Fund".

Source:  YSL 2-102 1, modified.

Cross-reference:  The statutory provisions of the State Financial Management Act of 1983 are found in chapter 12 of Title 13 of this Code.

     503.  Financial matters and appropriation.

     (a)  The sum of $100,000.00, or so much thereof as may be necessary, is appropriated from the General Fund of the State of Yap for the purpose of providing funds for initial deposit into the Fund.

     (b)  The sum appropriated under subsection (a) of this section shall be accounted for in accordance with the provisions of applicable law, including, but not limited to, the State Financial Management Act of 1983, as amended.

     (c)  The sum appropriated shall be allotted to the Governor or his designee who shall be responsible for ensuring these funds are used only for the purpose specified in subsection (a) of this section and that no obligations are incurred in excess of the sum appropriated.  The sum appropriated shall not revert to the General Fund of the State of Yap.

Source:  YSL 2-102 1, modified.

Cross-reference:  The statutory provisions of the State Financial Management Act of 1983 are found in chapter 12 of Title 13 of this Code.  The statutory provisions on the General Fund are found in subchapter II of chapter 12 of Title 13 of this Code.

     504.  Annual reports.
     The Governor or his designee shall file a report with the Legislature each year during its regular session, showing the status of funds appropriated under subsection (a) of section 503 of this chapter, the amount of money in the Fund, and the detail breakdown of all payments made from said Fund.

Source:  YSL 2-102 1, modified.

     505.  Authority to disburse funds; procedures.
     The Governor or his designee is hereby authorized to award to a municipality, village or community of the State of Yap such sum as may be required, out of the Fund, provided that the municipality, village or community has met the requirements set forth below.  The amount to be awarded to a municipality, village or community shall be computed at the rate of $2,000.00 per fathom of the respective traditional house.  The requirements are:

     (a)  Yap Proper:

     (1)  Identify the "Salap" (architect/engineer) of the construction work.  The community through its chief or whoever is traditionally responsible for initiating such construction shall identify the "Salap" for the work.

     (2)  Determine the exact number of fathoms of the structure.  This is the traditional measurement of traditional houses which is called "Ralap" and is determined prior to commencement of construction and without the extensions or the "Rach".

     (3)  The total amount of the award shall be based on the number of fathoms ("dirii"), and the payment shall be made in three equal parts as follows:

     (i)  First payment shall be made upon the completion of the roof;

     (ii)  Second payment shall be made upon the completion of the foundation ("def" or "dayif" ) and the rest of the required platform ("wunbey", "chabag", etc.).

     (iii)  Last payment shall be made upon completion of the whole structure, i.e., walls, etc.

          (b)  Outer Islands:

     (1)  The planning and designing of the structure, identifying the architect or engineer for the construction, and measuring the structure must all conform to traditional and customary practices and procedures.

     (2)  Award and actual payments shall be made in similar manner as described in subsection (a)(3); there shall be three equal payments whereby each of the first two is made upon the completion of a major portion of the structure and the final payment made upon the completion of the whole traditional house including all customary requirements.

     (3)  Notwithstanding the requirement of three equal payments for an award, the payments under this subsection may be combined into one or two payments whenever the traditional and customary construction of such houses consists of one or two major phases.

     (c)  Additionally, in order for a community to qualify for an award, the community through its municipality chief, or his designee, representing the municipality to the Council of Pilung or Council of Tamol, shall inform the Governor, in writing, the community's intention to construct such houses.  Such writing shall include the following:

(1)  The kind of traditional house to be constructed;
 
(2)  The measurement of the structure;
 
(3)  The identity of the "Salap", his residence, and  the basis for which he has been determined to be the "Salap" of the intended structure; and
 
(4)  The amount of the anticipated award.

Source:  YSL 2-102 1, as amended by YSL 3-58 1, modified.
 
     506.  Awards; funds disbursement.
     The amount of the award shall be paid in three equal payments subject, however, to the following requirements which shall be met before each payment is made:

     (a)  The municipality chief, who shall also be a member of the Council of Pilung or Council of Tamol, shall present to the Governor a request for payment and a written statement by the chief certifying to the Governor that the requirements under section 505 are met.

     (b)  The Governor may require any other relevant information which he deems necessary before making an award.

Source:  YSL 2-102 1, modified.

     507.  Severability.
     If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such holding shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source:  YSL 2-102 1, modified.