Guam § 71106 - Powers of District Boards.

§ 71106. Powers of District Boards.

A district board, and the directors thereof, elected to serve a district

organized under this Chapter shall have the following powers:

(a) to provide for and encourage surveys, investigations and

research relating to soil and water conservation, and to publish and

disseminate information concerning such subjects;

(b) to provide for and encourage demonstrations relative to the

control and prevention of erosion, and the conservation of soil and water

resources; and to carry out preventive control measures on publicly

owned land within the district with the consent of the land occupier;

(c) to cooperate, or enter into agreements with, and to furnish aid to

any agency or land occupier within a district insofar as it is feasible to do

so, for specific soil and water conservation activities not in conflict with

or duplicating other activities of the University of Guam or cooperating

agencies. Such agreements shall be subject to such conditions as the

district board may deem necessary;

(d) to review conservation plans prepared by farm land owners and

land occupiers, which are a precondition for a contract between the farm

land owners and land occupiers and the U.S. Secretary of Agriculture; to

provide to the U.S. Secretary of Agriculture, or his designee, a

recommendation concerning the acceptability of farm land owners' and

land occupiers' plans, such recommendation to be based upon the

district's conservation plan; and to provide, when requested by the

Secretary, or his designee, recommendations on the contract;

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(e) to acquire property, such as equipment or machinery, to

introduce soil conservation practices to the agricultural community, and

to dispose of such property when appropriate;

(f) to acquire private land or land rights in full compliance with all

requirements set forth in Guam law, and in consultation with I

Maga’lahen Guåhan and I Liheslaturan Guåhan, as needed for the

implementation of watershed projects for purposes such as flood control,

irrigation, or soil conservation.

(1) Disposition of Unused Land. Any land or land rights

acquired by a district board and not used for the purposes justifying

the acquisition, within the term of the district directors who

requested the acquisition, shall be returned to the original owners

for the price paid by the government when such property was

originally acquired;

(g) to construct, improve, and maintain structures, such as sediment

ponds or earthen dams, following all requirements set forth in Guam law

and any pertinent rules and regulations and proper engineering standards

and specifications, when these structures are found necessary for

carrying out the purposes of soil and water conservation;

(h) to have a seal which can be affixed to certificates issued to

cooperators of the district, and to any contract or other instruments

requiring certification;

(i) as a condition to the extending of benefits, or the performance of

work upon land, the district board may require contributions of services,

materials or otherwise, to any operation conferring such benefits, and

may impose any other reasonable condition, such as contributions of

labor for the planting of trees and payment for specific erosion control

materials secured by the district board for the benefit of its cooperators.

All such contributions would necessarily be determined by the district as

a whole, and must not be in violation of the laws of Guam or common

practice;

(j) to hire personnel, under a restricted employment status, to

support their mandates as the district board deems appropriate.

(1) Restricted Employment Status. Restricted employees hired

pursuant to this Chapter shall not be in the classified service of the

government of Guam. Restricted employees are ineligible for

medical, dental or life insurance benefits, but shall be entitled to

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government of Guam Workmen’s Compensation. They may not join

the Government of Guam Retirement Plan, but FICA must be paid

on such employees, with the district board responsible for the

employer’s share of FICA. Annuitants of the Government of Guam

Retirement Fund may serve as Restricted Employees for the district

board without losing their annuities. Restricted employees are not

eligible to accrue annual or sick leave. Working hours shall be

determined by the district board.

(2) Selection of Employees. Restricted employees shall be

selected by majority vote of the district board, which selection shall

be evidenced by a memorandum from the district chairperson to the

President of the University of Guam.

(3) Dismissal of Employees. Unless otherwise specified by

law, the dismissal of a restricted employee of a district shall be with

a majority vote of the district board.

(4) Working Hours. Restricted employees who work at

irregular hours at the direction of the district board, shall be deemed

to work the complete assigned and designated hours per week, and

their work records shall so indicate, but such employees shall

receive neither overtime nor night-time differential, but shall

receive compensatory time off for hours worked in excess of forty

(40) hours per week.

(k) Soil and Water Conservation District Funds, Created. There is

hereby created, separate and apart from other funds of the government of

Guam, two (2) funds to be known as the “Northern Soil and Water

Conservation District Fund” and the “Southern Soil and Water

Conservation District Fund” (Funds) which shall not be commingled

with the General Fund. All payments shall be made payable to the

appropriate Fund and monies shall be kept in separate bank accounts

established by the Chairperson of each District Board. Notwithstanding

any other provision of law, any funds appropriated to the University of

Guam for the Districts shall be administered by the Chairperson of each

District Board. The Chairperson of the District Board shall be the

certifying officer of such Fund. Neither Fund shall be used as a pledge of

security or as collateral for government loans. The Chairperson of the

District Board shall make an annual report to I Maga’lahen Guåhan and

I Liheslaturan Guahan of the condition of, and activity within, the Fund.