Month: July 2020

SENATOR THERESE TERLAJE SUPPORTS SHPO’S CALL FOR A HALT TO CLEARING OF NORTHWEST FIELD AT RITIDIAN

FOR IMMEDIATE NEWS RELEASE (July 30, 2020- Hagåtña, Guam)

“I join the Governor in supporting the State Historic Preservation Officer’s decision to invoke his authority to halt any clearing of the site designated for a Multi-Purpose Machine Gun Range in order to preserve our historic sites in place.  We already know in the adjacent areas that 14 known historic properties have already been cleared of all artifacts, 9 sites at the complex containing human remains and 6 sites containing historic artifacts were inadvertently discovered, and approximately eighty other known historic properties and the adjacent village of Litekyan will be impacted by the proposed LFTRC site,” states Senator Therese Terlaje.

Senator Therese Terlaje further states, “I encourage the SHPO to use this as an opportunity to negotiate a plan to preserve in place our artifacts and human remains in this obviously historic and culturally significant area without destroying the context and cultural landscape of our history.  Surely, the DoD can adjust their plans and use their resources to come up with alternatives to clearing this area while still meeting their training objectives.”

Site P-735 of the Live Fire Training Range Complex is the largest of the firing ranges which spans 59 acres.

Click this link for a copy of Resolution No. 164-35, which was overwhelmingly passed by the Legislature last year.  The resolution includes additional reasons to call for a pause to the clearing, pre-construction, data recovery, and construction activities related to the U.S. Department of the Navy’s proposed Live-Fire Training Range Complex at Northwest Field.

For information regarding the SHPO’s decision to invoke Stipulation XIII, download the press release and SHPO letter below.

Governor’s PRESS-RELEASE regarding SHPO-INVOKES-STIPULATION-XIII_7_30_2020Download
SHPO letter invoking Stipulation-XIII-7.30.20Download

Senator Therese Terlaje co-sponsors bill to ensure all purchases made under emergency powers go through established procurement processes

PRESS RELEASE FROM OFFICE OF SENATOR SABINA PEREZ

Senator Perez Introduces Bill to Clarify Emergency Health Powers and Create Task Force

Hagåtña, Guam – On July 30, 2020, Bill No. 386-35 (COR), introduced by Senator Sabina Perez and co-sponsored by Senator Therese Terlaje, will tie emergency health powers to local procurement law and create a public health emergency purchasing task force.

During the coronavirus pandemic, the government of Guam cited its emergency health powers to bypass traditional emergency procurement laws when contracting quarantine facilities. Emergency procurement laws are intended to provide a means of speeding up the process by which the government purchases goods and services during an emergency, while still maintaining safeguards to prevent abuse or waste. Following the local decision to utilize emergency health powers instead of emergency procurement law to contract hotels, it was found that several facilities were paid for prior to securing signed contracts.

“The initial procurement of the quarantine facilities underscores the need to update our laws to ensure the entire government is on the same page,” said Senator Perez. “We cannot continue to have differing interpretations of the law. Bill 386-35 ensures consistent application of procurement processes when emergency health powers are declared, improves transparency, and holds accountable those involved in the procurement process,” Senator Perez added.

Bill 386-35 clarifies that all purchases made under emergency powers must go through established procurement processes. By having emergency purchases conducted within the scope allowed by procurement law, the bill closes the loophole of purchases being made without proper safeguards. The procurement law is intended to protect the people’s money and ensure that government is following the law.

Bill 386-35 also creates a task force that must be ready to respond in the midst of an emergency, such as the pandemic, and also prepare for future emergencies. This task force, which includes the Chief Procurement Officer, will be responsible for all procurement, management and staffing of the procurement for all supplies and services needed to address a public health emergency. “This task force will facilitate communication with frontline agencies and the Governor and respond to the needs of agencies and the community during the pandemic,” said Senator Perez.

The bill requires that properly trained procurement personnel be involved from the start of an emergency. This ensures procurement decisions are not made in isolation by one branch, but collectively by the task force.

“I want to sincerely thank Senator Perez for holding an oversight hearing on the emergency procurement conducted during the COVID-19 health emergency and for introducing this legislation. The oversight hearing uncovered the blatant disregard of Guam’s procurement law. I understand we were in an unprecedented health emergency at the time, but we have faced many other emergencies before and managed to work within the law. Our government must do better at adapting and improving emergency procurement rather than ignoring it,” stated Senator Therese Terlaje.

“During these uncertain times, it is even more critical that our government utilizes public funds wisely. Our local procurement laws safeguard public funds through transparency and accountability measures. As a result, it is essential that government officials work for the public good by upholding and implementing our local procurement laws,” said Senator Perez.

IN RESPONSE TO ADDITIONAL BURIALS FOUND NEAR MAGUA, TERLAJE CALLS FOR HALT TO ALL CLEARINGS NEAR HISTORIC SITES

FOR IMMEDIATE NEWS RELEASE (July 22, 2020- Hagåtña, Guam)

During a July 13, 2020, informational briefing on Magua, the State Historic Preservation Officer (SHPO) disclosed that a latte period human burial had been found and a survey of the adjacent area was underway to determine the full scope of the burial grounds.  I was informed recently that three additional burials were found.  These multiple discoveries of burials follow the past refusal by U.S. Department of Defense (DoD) to preserve Magua in place, and DoD’s deliberate removal of Latte Period latte, lusong, earth ovens, tools, pottery, and other artifacts from the area.  Prior to being cleared, Magua was listed as a site eligible for the National Register of Historic Places, and is located near a fresh water source, inland from the cliffs above the ancient village of Haputo. The burials were found between Magua, marked on a 1676 map as Mahgua, and another historic site in the direction of Route 3.

“This must stop now. The clearing of latte and lusong from Magua and the disturbance of the adjacent burial grounds is a serious mistake and a grave injustice to Chamorro heritage and future generations.   The unilateral decision by DoD to clear  latte and other rare village artifacts that survived thousands of years in known historic sites eligible for the National Register of Historic Places, to unilaterally deem them culturally insignificant or not worthy of avoidance, is contrary to international standards of protection of indigenous cultures, and reminds us of the generations of harm that continue to be perpetuated by the land takings.  The DoD has not sufficiently altered its destructive plans for Magua, Litekyan, or Haputo despite our input in the “consultation” process under NEPA and NHPA,” stated Senator Therese Terlaje.

Senator Therese Terlaje further stated,  “I am grateful to the SHPO for informing me of these findings and for stating that he would pursue preservation in place of the burial site found near the ancient village of Magua.  However, if we are to prevent another incident like what has happened at Magua, the people of Guam must act united and strategically.  I call on our Governor, Congressman, Government agencies and all leaders to halt all further clearing by DoD in the Magua, Haputo, Litekyan,  and Fena sites until the U.S. agrees to preservation in place of ancient villages and cultural sites on military controlled property on Guam, and agrees to grant open access to these sites to Guam’s children.”

Photos below are images of artifacts removed from historic sites and stored outside in the Finegayan / NCTS. Photos were taken by Office of Senator Therese Terlaje during a May 23, 2019 visit.

Senator Therese Terlaje takes time this Liberation Day to support our veterans, GY671 and Freedom Grinderz as they cycle and March to Ypao Beach.

Got Your 671 (GY671), a community of veterans, in partnership with the Freedom Grinderz — comprised of avid cyclists, many of whom are veterans and serve in the Guam Army and Air National Guard – hosted a first-ever “Never leave a Fallen Comrade” combined Foot March and Bike Ride commemorating Guam’s Liberation Day, raising awareness about veteran suicide and combat-related Post Traumatic Stress Disorder.

It will took place on Liberation Day, July 21, 2020, with a 22 combined mile march/ride starting simultaneously at 6:00 a.m. from 2 points — 11 miles from the Andersen Airforce Base front gate and 11 miles from the Navy Base front gate and ending at Ypao Beach Park in Tumon. The 22-mile march is representative of the national average number of veterans who commit suicide a day.

Senator Therese Terlaje and staff set up two water stations along the 11 mile route from Navy Base to Ypao Beach to support the marcher and bike riders.

Biba Guam!!! Biba Liberation!!!

COMMITTEES ON ENVIRONMENT AND HISTORIC PRESERVATION STRESS THE SIGNIFICANCE OF PRESERVING CULTURAL SITES IN PLACE AT MAGUA AND LITEKYAN

FOR IMMEDIATE NEWS RELEASE (July 13, 2020- Hagåtña, Guam)

The Committee on Environment  chaired by Senator Sabina Perez and Committee on Historic Preservation chaired by Senator Therese Terlaje held a joint informational briefing to discuss the significance of cultural landscapes that are being cleared at Magua for the Marine Corps Main Cantonment Area and at Litekyan for the construction of a Live Fire Training Range Complex.

During the public hearing, it was revealed by the State Historic Preservation Officer (SHPO) that additional discoveries of human remains from the Latte Period were found at the NCTS/Marine Corps Main Cantonment area and are being analyzed by the State Archaeologist with the Navy.  SHPO stated that significant findings on the discoveries will be released at a later time. 

The chair of the Committee on Historic Preservation pressed the SHPO to release this information immediately and on an ongoing basis. “I’m glad the SHPO and governor are being briefed on these findings, but I really believe the people of Guam deserve a timely briefing and may help us to protect these sites.  Any information about our past belongs to all of us and should be shared with all of us timely,” stated Senator Therese Terlaje during the hearing.

The SHPO also shared that his office is seeking to amend the 2011 Programmatic Agreement to emphasize preserving historic properties in place, particularly in the Northwest Field area, also known as Tailalo, where the Multi Machine Gun Range, the largest firing range at the Live Fire Training Range Complex, is proposed to be built.  Senator Terlaje noted that “preservation in place” is the true premise and intent of the Programmatic Agreement and has consistently called on the government of Guam and federal government to practice “preservation in place” versus data recovery which is removal of the historic artifacts and human remains.  In January 2019, many groups joined together to ask the Governor to prevent further destruction at the site of the live firing ranges.

Also discussed during the informational briefing was the significance of Magua and Litekyan to the history and culture of CHamoru.

Archaeologist Mike Carson during the hearing noted, “Magua was a traditional village area and there are a number of interpretations of how intensive it was used, but the bigger picture is that it is an important site where we have learned information about the past that we didn’t know before. And it also relates with a number of living traditions among families today who have their own memories and traditions that they have remembered.  So, it is significant in a number of ways.”

He also shared about Litekyan that “what is important there (Litekyan) as an archeologist is the fact that we have found so much diversity of archeology and history in that area.  You can look at every time period of Guam and of the Marianas Islands in terms of natural history and cultural history and how they interrelated, and everything is there in that one place.  Not only that, but the full range and diversity of findings in terms of habitation sites, caves and rock art, water resources that changed in time, the type of food people ate, etc.  Everything that you could want to study about the past is there.”

Guam Historic Preservation Review Board member, Dave Lotz also testified on the significance of the historic sites.  He recommended that the numerous artifacts found throughout Magua and Litekyan should be looked at as a broader landscape and a larger CHamoru cultural landscape.

Senator Therese Terlaje stated, “While I commend the SHPO for finally insisting that human remains and cultural artifacts be preserved in place going forward, much more must be done by the government as we continue to lose opportunities to protect our cultural and historical sites.  Loss of these sites prevents further interpretation of the interaction of cultural practices and the environment that helped our ancestors survive 4000 years. Those future generations are relying on what our community does in the next few months as these projects continue to wipe out our cultural landscapes.”

“The clearing and degradation of Mågua is not just a cultural issue or a human rights issue. It’s also an environmental issue, as much as it is a public health issue,” Senator Perez said. “As the military is digging up these artifacts and burials of our ancestors, they’re also clearing large swaths of limestone forest which protect the integrity of our island’s main source of water, the Northern Guam Lens Aquifer. Protecting these resources in place is vital to both our heritage, and to our island community living today, and for future generations.”

Senator Therese Terlaje: Statement of Support for Bill 375-35

FOR IMMEDIATE RELEASE (July 6, 2020 – Hagåtña, Guam) – As we observe an uptick in cases of COVID-19 in our community with uncertainty, the one thing we should all count on is the Guam Legislature to make prudent choices for our island that take into account the health and safety of our residents as we ask approximately 53,000 registered voters to come to the polls and express their right to vote this election year.

This is the primary reason I have decided to co-sponsor bi-partisan Bill 375-35, relative to canceling the 2020 primary election, and allowing all candidates to advance to the general election. This bill addresses the significant risk that the global pandemic has on our community and the concerns brought forward by the Guam Election Commission.  This bill will allow GEC more time to prepare for a safe and efficient general election in November.

Making tough fiscally responsible decisions is critical as we face record numbers of joblessness and homelessness while trying to provide critical services for the people of Guam.  The only intent of this legislation is to address the significant threats that we are facing today under these unique circumstances.

I encourage affected candidates and the people of Guam to email my office at: senatorterlajeguam@gmail.com to weigh in on this very urgent bill.

Senator Therese Terlaje: October 2019 Off-Base Testing Report Supports Probable Agent Orange Exposure on Guam

FOR IMMEDIATE RELEASE (July 6, 2020 – Hagåtña, Guam) – The Guam EPA has publicly released the results of the anticipated Guam Chlorinated Herbicides Investigation report eight months after soil sampling efforts took place in October 2019.

Initial tests were conducted by the Superfund team in November 2018. Preliminary soil sampling results of that effort were released in January 2019, indicating the presence of 2,4-D and 2,4,5-T, the primary constituents of Agent Orange, at non-toxic levels in one sample location.

The October 2019 testing effort was a follow-up to the 2018 testing and the result of the continued advocacy of Guam Veteran Brian Moyer, who assisted the Guam EPA and the US EPA Superfund Technical Assessment and Response Team (START) with planning and soil sampling at various locations along the old fuel pipeline.

According to START Project Scientist Amanda Wagner, in the report summary, on samples collected at the Tiyan Junction location, which yielded higher concentrations of  2,4,5-T and 2,4,5-TP than other areas sampled, “It is probable that TCDD dioxin congener concentrations detected in soils are associated with chlorinated herbicides. Records of chlorinated herbicide use by the military on Guam (Navy, 1958) and veteran affidavits documenting the use of 2,4,5-T and 2,4,5-TP along with data collected from previous soil sampling events suggest the presence and use of chlorinated herbicides was likely. Finally, the herbicides in question were known to contain TCDD.”

TCDD (2,3,7,8-TCDD) is a carcinogen that when combined with chlorinated herbicides, such as 2,4,5-T, was known to have varying levels of contamination. Both are active components of Agent Orange and other Rainbow Herbicides.

Wagner further stated, “To clarify any remaining uncertainty about herbicide types, amounts and locations sprayed, continued investigation of suspect areas is recommended. Additional sampling at depths up to 12 inches is suggested to account for possible degradation and migration of residual herbicides and dioxin congeners. Similarities and differences between sample location characteristics (environmental conditions, vegetation cover, historical land use, previous excavations, use of imported fill, etc.) and the congener profiles should be further investigated as possible markers to aid in identifying historical herbicide use.”

In a letter to Senator Terlaje, the Guam EPA noted that the investigation is still ongoing and expressed the agency’s intent to correspond with the Department of Defense to express their concerns with the findings in this report and advocate for continued partnership and more cooperation with investigative efforts. The START team had been denied access to on-base sites to conduct testing in recommended areas during the October 2019 soil sampling investigation.

“This long-anticipated report brings us ten steps closer to validating that Guam Veterans and our island community were in fact exposed to Agent Orange. I once again commend the Guam EPA and the U.S. EPA START Team, for their continued service to our people in seeking the truth of this matter and wholeheartedly support the Guam EPA’s intent to advocate for cooperation and partnership with the Department of Defense for further investigations.

 I continue to call upon the Department of Defense to initiate cleanup efforts and support presumptive eligibility and compensation for exposed Veterans and our Guam community.

I remain eternally grateful for the advocacy of our people, local Veterans and Vietnam era Veterans like the late Master Sgt. Leroy Foster and the late Lonnie Kilpatrick, exposed to Agent Orange while stationed on Guam and for the groundwork of great island leaders like Angel Santos, who for over twenty years, called for truth in the face of adamant denial by the Department of Defense. They fought for truth and justice until their deaths. Their unyielding spirit of determination has been key to the progress we have made so far and will continue to be, with any justice we will achieve in the future,” stated Senator Terlaje

You can view the full report at the Guam EPA’s website: http://epa.guam.gov/herbicides-investigation.

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Senator Therese Terlaje requests an updated reminder to all candidates and government employees regarding compliance with the applicable laws regarding political activity on government property and by government employees

“Kudos to Civil Service Commission and Director for promptly responding to my request to send notice to all Gov Guam employees and candidates as to the do’s and don’ts. Posting PowerPoint here for all to read,” stated Senator Therese Terlaje.

Download to see Memo-to-All-Agency-Department-Heads_-Political-Activity-Law-June-26-2020-1Download

The power point presentation below is from the Civil Service Commission regarding the Political Activity Law, 4GCA, Chapter 5.

Download a copy of Political-Activity-Power-Point-Presentation-June-26-2020 shown above.Download