STATEMENT OF LISA GUIDE, DEPUTY ASSISTANT SECRETARY FOR POLICY AND INTERNATIONAL AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE HOUSE COMMITTEE ON RESOURCES, REGARDING H.R. 3999, THE VIRGIN ISLANDS AND GUAM CONSTITUTIONAL SELF-GOVERNMENT ACT OF 2000, MAY 17, 2000

The Administration generally supports the bill.

H.R. 3999 would amend Public Law 94-584, which established a process by which the peoples of the Virgin Islands or Guam may write territorial constitutions subject to Federal review. Enacted in 1976, the law authorizes the Legislatures of the Virgin Islands and Guam to call conventions to draft local constitutions. The insular governments are still organized by Federal laws. Our country's three other populated areas subject to Federal territorial governing authority, the Commonwealths of Puerto Rico and the Northern Mariana Islands and the territory of American Samoa, have constitutions that were locally written and Federally approved.

Among requirements for the Guam and Virgin Islands constitutions are recognition of the sovereignty of the United States and supremacy of the Constitution, treaties, and laws of the United States. Once drafted, the constitutions are to be submitted by the governors of the territories to the President, and, in turn, to the Congress for sixty days of review and comment. As approved or amended by the Congress, documents would be submitted to insular voters for final approval.

In the late 1970s and early 1980s, the Virgin Islands and Guam drafted constitutions pursuant to Public Law 94-584. In each territory, however, the voters failed to approve the constitutions after they were reviewed by the President and Congress.

At the same time, insular leaders have since then repeatedly petitioned the Federal Government for one change or another in the charter for their local government, matters

which the Federal Government has little interest in and should not have to decide for the citizens of the islands.

Among the reasons that leaders of each area have identified as reasons for local constitutions still not being adopted are the provisions of the law that limit the constitutions to being within the existing political status. Adoption of a local constitution does not change a territory's status unless there is clear language for the purpose. But the Administration agrees with the sponsors of the bill that establishment of a locally drafted charter for local government should not be understood to limit the right of a territory to opt for nationhood or another fully democratic governing arrangement. We, thus, generally support section 3(b).

We suggest, however, that the words "a choice" replace the words "the right of self-determination" in subsection 3(b). Any change in status would require Federal approval.

Subsection (a) of section 3 of the bill would change the Congressional review procedure to require positive action by the Congress, either approving or modifying the constitution, before it is returned to the territory for a vote. The constitutions of the other territories and the States required affirmative Federal approval. Past administrations recommended modifications to locally drafted constitutions, but Members of Congress were wary of altering local decisions when action was not required and there was little time for them to do it anyway.

A procedural matter that would have to be done at some point and the committee may wish to consider here is the potential repeal of provisions of the affected Federal organic act for the territory that may conflict with the proposed constitution. The Congress may wish to ask that the President, in his comments, include a list of provisions of the relevant organic act that should be repealed when the constitution takes effect.

Should the Virgin Islands or Guam enact a constitution, island leaders would be freed from having to approach the Congress and Executive every time they believe a change is necessary in the local self-government provisions of the organic acts. Under this legislation, we would not need to be involved with purely local Virgin Islands or Guam issues.

Public Law 94-584 contains significant local self-government prerogatives that may be exercised at any time in the future when the Virgin Islands or Guam desire to adopt a constitution. H.R. 3999 helps reaffirm these prerogatives.