The recent ruling of the FSM Supreme Court to dismiss Pohnpei State’s Legislature’s challenge to Public Law No. 23-30 has closed one chapter of a debate that has drawn much attention. The Court has spoken clearly on the authority of the FSM Congress, and as Governor of Pohnpei, I respect the rule of law and the constitutional role of our national institutions.
It is important, however, for the people of Pohnpei to understand the position of their Executive Branch. My administration did not join the lawsuit, not because we agreed with the way Public Law No. 23-30 came about, but because we recognize that Congress holds the legislative authority to set the distribution formula for Compact funds. MY CONCERN HAS NEVER BEEN WITH CONGRESS'S POWER, BUT WITH THE PROCESS AND IMPACT OF DECISIONS ON THE STATES.
Public Law No. 23-30 was enacted after the President’s veto, which sought to preserve the consensus reached through the Arngel Accords. That agreement represented good-faith negotiation between the President, the four governors, and the five Speakers — a process that embodied the kind of cooperation our federation needs. WHEN CONSENSUS IS SET ASIDE, THE MESSAGE RISKS BEING SENT THAT STATE VOICES MATTER LESS, AND THAT WEAKENS TRUST BETWEEN LEVELS OF GOVERNMENT.
That said, I want to be clear: I have no objection to the recentralization of infrastructure projects under FSM TC&I, provided that this arrangement works for the people on the ground. For that to happen, three principles must guide us going forward:
POHNPEI'S PRIORITIES MUST BE RESPECTED: Projects in Pohnpei must be identified and set by Pohnpei State itself. The national government may manage implementation, but priorities belong to the state.
ACCOUNTABILITY MUST REST WITH THE FSM NATIONAL GOVERNMENT: If the FSM government assumes control of projects, it also assumes the responsibility and risks that come with that control — including performance, timelines, and cost management.
SUSTAINABLE HANDOVER: Completed projects must be turned over to Pohnpei fully operational and ready for long-term maintenance. Anything less would leave the state burdened rather than strengthened.
As Governor, I firmly believe that litigation is not the path to resolving these complex issues. The Court has made clear that it is the political branches that must find a way forward. The Executive Branch of Pohnpei is ready to do its part.
I therefore call on the FSM Congress to engage with the states openly and constructively as future decisions on Compact funding are made. Respect for process, transparency, and dialogue will not only strengthen trust but also ensure that development is guided by shared priorities — national and state alike.
The Court has rendered its decision. Now, it is up to us — national and state leaders together — to renew our commitment to collaboration, not as a legal requirement but as a duty to our people and as a responsibility to the future of our nation.
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