—-~ io The committee received testimony concerning the situation of the M. V. Olwol and the application of the Fisheries Conservation and whose use is prohibited by laws made inapplicable to the Marianas under the Covenant. The Covenantis not a “Catch-22” for the Marianas and should not be so interpreted. The committee fully anticipates the Marianas succeeding in the present litigation over the Olwol and other vessels and recommends that the Secretary begin to survey other Federal legislation and regulations which should be inapplicable either because they have not been extended or which are counter-productive and should be withdrawn. i TITLE TII—-GUAM r ~ Description-—Guam igs an unincorporated, organized territory of the United States. Guam les approximately 3,700 miles west of Ha- wail. The capital, Agana, is locted on the west central coast of the 32 mile long island. The territory contains 255 square miles of Jand area and has a population of approximately 100,000 of which 20,000 are military personnel. Guam was ceded by Spain to the United States December10, 1595 by the Treaty of Paris following the Spanish-American War. It was administered by the U.S. Navy until 1950 and since then by the Depart- ment of the Interior. Pursuant to the Organic Act of 1950 andsubsequent amendments, Guamis self-governing with popular election of both the Governorandthe legislature. Section Analysis and Discussion of Amendments See, 801.—This section removes the prohibition on interest on judgments under the Guam LandClaims provisions of Pubhe Law95-13 E. Public Law 95-1384, enacted in 1977, eranted jurisdiction to the District Court of Guanto reviewclaims ofpersons, their heirs, or legatees from whom interests in Jand on Guam were acquired other than through judicial condemnation proceedings by the United States between July 21, 19t4, and August 23, 1963. The Court was authorizedto award fair compensation only in those instances where it was determined that less than fair market value had been paid to the land owner as a result of cither duress, unfair influences, or other unconscionable auctions or unfair, unjust, and inequitable actions of the United States. At the urging of Congressman Won Pat. the Comuiuttee has reconsidered the prohibition in light of the requirement that the plaintiit prove actual fraud or duress on the part of the Gnited States. Phe Committee believes that if the plaintiff can affirmatively show such unconscionable action by the United States, he should be entitled to interest on the additional sums awarded. | ATR, it can not be used by the Marianas since it is a foreign built vessel eee A ima ee ee da Ne alin nm. ae, we LE SEU hs ete x, + particularly distressing: acquired from Japan as part of the war reparations negotiated by the United States on behalf of the Micronesians, ye agencies particularly disturbing. The situation of the M. V. Olwolis ee ee a ee ee Aa mee De tee a ye Dd oe ST a teeae path ss ode, Northern Marianas. The Committee understands the concern of the Marianas to find itself suddenly subject to legislation from whichit had specifically been exempted under the Covenant. The committce also finds the inability of the Department of the Interior to defend the insular areas under its jurisdiction from misapplication of law by other ae ce EEee ee Manageinent Act and other coastwise and fisheries legislation to the