Month: November 2020

Senator Terlaje submits comment regarding the establishment of a danger zone for the Live Fire Training Range Complex at Northwest Field

Please see Senator Therese Terlaje’s public comment submitted to the U.S. Army Corps of Engineers regarding Docket number COE-2020-0015 – U.S. Army Corps of Engineers (Corps) regulations to establish a danger zone at the U.S. Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam.

To see the proposed rule of the Engineers Corps, download here:Download

November 30, 2020

Transmitted via email:

U.S. Army Corps of Engineers

Attn: CECW-CO-R (David B. Olson)

441 G Street NW, Washington, DC 20314-1000

RE:  Comment regarding Docket number COE-2020-0015 – U.S. Army Corps of Engineers (Corps) regulations to establish a danger zone at the U.S. Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam

Håfa adai Mr. Olson,

I oppose the establishment of a danger zone comprising approximately 3,660 acres extending into the Pacific Ocean approximately 2.8 miles from the north coast of Guam adjacent to the Mason Live-Fire Training Range Complex (LFTRC), which would limit public access to surrounding beaches, fishing areas and ancestral lands.  The LFTRC sits atop the ancestral villages of Tailalo and Ritidian near Northwest Field which is home to many of Guam’s endangered species and approximately 100 known ancient artifacts and historic resources.  

Avoidance is spelled out as a priority in the 2011 Programmatic Agreement for Military Relocation to Guam and CNMI (PA), but in the case of the live-fire training range and many other projects, the military has declared itself unable to avoid the impacts to historic properties and the environment on Guam. Due to the foreseen impacts to the ancient villages and to the limestone forest, Litekyan/Ritidian was deemed the least suitable and most harmful alternative at the time the PA was signed, and the ancient village at Pågat was removed from the list of alternatives. 

Ritidian is one of the most culturally rich places on Guam. Archaeologists have reported that the area was the site of a thriving CHamoru village that predates the arrival of the Spanish in 1521 by over 600 years.  Dr. Mike Carson has also reported that Ritidian has a 3,300 year old fishing camp.  The area is also one of the few places that Chamorros can access cave drawings, latte sets, limestone mortars, burial grounds, medicinal plants, fishing grounds, and turtle nesting grounds.  In addition to the cultural significance of Ritidian, original landowners are still seeking justice for land takings in the area.  The government of Guam has made it a policy to defend Ritidian from federal control. Cutting off public access hurts the people of Guam’s ability to pay homage to its ancestors, practice its culture, and learn more of its history and sustainable practices that allowed them to survive on Guam for over 3000 years.

Since the Record of Decision for the Final SEIS regarding historic properties was announced, the State Historic Preservation Officer has discovered historic properties that were not considered by the Department of Navy when the Record of Decision to locate the live-fire training range at Northwest Field was made and has consistently requested for a resurvey of the area where the largest of the firing ranges (the multi-purpose machine gun range) is proposed.  During the military’s clearing and grading for four of the five firing ranges, 14 known historic properties have already been cleared of all artifacts.  Nine additional sites containing human remains and six sites containing historic artifacts at the complex were inadvertently discovered, among the approximately eighty other known historic properties in the surrounding area. I request that the comment period for the regulations of the surface danger zone for the LFTRC remain open until a resurvey is complete.  Findings in the resurvey may require the design of the LFTRC to be altered to allow for historic properties to be preserved in place to avoid adverse impacts as intended in the Programmatic Agreement.

The Final SEIS, the Biological Opinion, and other documents outline the clearing of a total of 1,219 acres of limestone forest habitat, including the clearing of 187 acres of limestone forest habitat at Northwest Field, the clearing of 212 acres of limestone forest habitat for the hand grenade range, urban terrain training area and other activities at Andy South, the clearing of 12 acres of limestone forest habitat for well fields and water system at AAFB, and the further clearing of 683 acres of limestone forest for cantonment at Finegayan.

The Biological Opinion (BO) also discusses the significant adverse effects on endangered or threatened species from the proposed destruction of habitat, especially the limestone forest habitat. It states that of the 23 endangered or threatened species located in Micronesia, 13 were found to occur adjacent to or within the proposed project areas. Among the species to be threatened is the Serianthes nelsonii tree, the last reproductive tree on Guam. In particular, the BO, regarding the Live-Fire Training Range at Ritidian Point and the effects on the Guam National Wildlife Refuge states:

“The largest effects on listed species habitat in terms of habitat fragmentation will be on AAFB near Ritidian Point from construction of the LFTRC. This area currently contains a large expanse (over 350 ac {142 ha}) of high-quality primary limestone forest that serves as occupied habitat for the Mariana fruit bat, Mariana eight spot butterfly, B. guamense, D. guamense, Tuberolabium guamense, C. micronesica, H. longipetiolata, and T. rotensis, and unoccupied habitat for the Guam tree snail, fragile tree snail, and humped tree snail (DON 2017a, p. 44). This primary limestone forest is also contiguous with GNWR, providing an even larger forested area serving as habitat for the above eleven listed species. In total, approximately 78 ac (32 ha) of primary limestone forest and 109 ac (44 ha) of secondary limestone forest would be permanently cleared for construction of the LFTRC.

In addition to LFTRC clearing activities, the proposed action will create a Surface Danger Zone (SDZ) over approximately 68 percent of the GNWR at Ritidian Point during operation of the LFTRC. The SDZ will cover the GNWR access road, visitor center, offices, and other facilities and thereby limit access to the GNWR while firing occurs at the LFTRC. Any entry into GNWR will require scheduling with and approval by LFTRC Range Control personnel. The limited access that GNWR staff will have to the refuge property during the estimated 39 weeks per year the LFTRC is active will limit the amount of habitat management that can occur at the GNWR. This could have an adverse effect on listed species by: 1) limiting maintenance of the predator exclusion fence at the GNWR, 2) limiting maintenance of native out-plantings, 3) limiting invasive plant control, and 4) limiting effective ungulate control. Per Section 2822 (Establishment of surface danger zone, Ritidian Unit, GNWR) in the 2015 National Defense Authorization Act, the Service and the DON may enter into an agreement to establish and operate a SDZ over the GNWR. The agreement may include relocation and reconstruction of GNWR facilities, mitigation for impacts to wildlife species, and use of DoD personnel to complete GNWR conservation actions; however, this agreement is not yet in place. Therefore, in this analysis we assume that the operation of the LFTRC will have an adverse effect on listed species by preventing the management, research, and monitoring that would have otherwise occurred at GNWR.”

The establishment of the surface danger zone extending 2.8 miles from the shore and over the LFTRC would be in addition to the approximately 980,000 square nautical miles identified as the “testing and training” area of the Marianas Island Testing and Training (MITT) activities. From my review of the Final MITT SEIS/OEIS, training and sonar at the proposed levels would continue to have significant cumulative impacts on marine mammals and sea turtle species in the area defined by the MITT, and would also limit access to fishing and recreation during testing and training activities.  Our oceans and our land are Guam’s most precious resources and must be preserved and protected from activities that will threaten its ecosystems. Permits obtained by the Navy from the National Marine Fisheries Service for the 2020 MITT allowed 67,724 takings (kills) of 26 different marine mammal species (including whales and dolphins) per year for 7 years due to detonation, sonar, and other training and testing activity within the MITT.  The 2015 MITT study area authorized 12,580 detonations of various magnitudes per year for 5 years.  The previous MITT also allowed 81,962 takings (kills) of 26 different marine mammal species (including whales and dolphins) per year for 5 years due to detonation, sonar, and other training and testing activity within the MITT.  The 2015 MITT also allowed damage or kill of over 6 square miles of endangered coral reefs plus additional 20 square miles of coral reef around Farallon De Medinilla through the use of highly explosive bombs.

In addition to the MITT, a small arms danger zone near Haputo was also established which further limits access during military training exercises.  The fishermen already have to adhere to existing limitations around marine preserve areas and seasonal weather restrictions.  The additional closures of fishing grounds caused by the LFTRC danger zone, MITT training area, and Haputo small arms danger zone to existing fishing limitations makes it increasingly difficult for the community to access safe areas to fish.

In light of many concerns listed the above, and on behalf of those on Guam who will be irreversibly harmed by the bulldozing of limestone forests and construction of the live-fire training range on Guam and the limited of public access to Ritidian and its surrounding areas, and on behalf of the people of Guam who have not consented to their lands, waters, and resources being used for these purposes, I object to further expansion of the military’s footprint and the resulting decrease in access to fishing grounds and cultural sites within the proposed danger zone. Training activity and corresponding danger zones should be made to fit the land set aside for said purpose and not extend to the water and ocean ecosystems, wildlife refuge, and cultural sites. I also  request that you  extend the comment period for the regulations for a surface danger zone to allow additional time for government agency leaders and federal partners to ensure the preservation and access to our ancient villages and pristine resources. At the very least, the rules should include that traditional cultural practitioners, local fishermen, and original landowners be given priority access with minimal limitations and be consulted during the scheduling of danger zone closures.  

In conclusion, I oppose the proposed rule that would limit the community’s access to Ritidian and its surrounding areas for live fire training. Guam, after many decades, continues to demand for federal cleanup and compensation for past contaminations, land takings, exposure to nuclear testing radiation, Agent Orange, and other contaminants.  The cumulative  adverse impacts of contamination from previous actions and the potential effects of this danger zone limiting public access, the clearing of our forests and historic sites, and the expansion of the military control of lands and waters  can and should be avoided as a matter of health, safety, indigenous rights, sustainable fishing, cultural practice, and socioeconomic prosperity of the people of Guam. 

Sincerely,

Therese M. Terlaje

Senator, 35th Guam Legislature

Bill to Advance Chamorro Land Trust Program Reaches Voting File

FOR IMMEDIATE RELEASE (November 23, 2020 – Hagåtña, Guam) – Senator Therese Terlaje, Chair for the Committee on Health, Tourism, Historic Preservation, Land and Justice, with the support of her colleagues in the 36th Guam Legislature, successfully moved to the voting file Bill No. 419-35, As Substituted by Committee and further substituted on the floor, AN ACT TO ADD A NEW CHAPTER 75A AND TO AMEND § 75109(a) OF CHAPTER 75, BOTH OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO PRESERVING THE LAND RESTORATION AND JUSTICE MISSION OF THE CHAMORU LAND TRUST.

The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.

Senator Terlaje thanked the many people who fought tirelessly to preserve the Chamorro Land Trust program including the late Senator Paul Bordallo, Senator Dick Taitano, Senator Angel Santos and Ed Benevente.  She also recognized the recent work of those who represented the best interests for the people of Guam during the settlement agreement which included former Chairperson of the Chamorro Land Trust Commission, Pika Fejeran, former Deputy Attorney Ken Orcutt, Attorney Mike Phillips, Deputy Attorney James Canto, among others.

Terlaje closed discussion on the session floor stating, “I am honored to be part of ensuring the history of the Chamorro Land Trust Act and its original intent to provide justice to those whose land was taken. As I said at the hearings on these bills, we have seen firsthand the impact of the massive land takings on Guam’s families.  Too many of our families live in poverty and decades later, without a stable place to live, and their ability to use the land to provide for their families is severely disrupted. It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations.

It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and to make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations as intended, so that we may truly remedy the long-term injustice of these massive land takings.”

The Oversight Chair thanks her colleagues in the 36th Guam Legislature for moving the measure forward and their words of support during today’s discussion on the bill.

Bill 419-35 is in the Third Reading File pending a vote at the close of session.

To read a copy of Bill No. 419-35 click here:Download

To see the full discussion on Bill No. 419-35 during session, please see the video below:

Overwhelming Support for Bill No. 419-35 to Expand Chamorro Land Trust Program; Additional Virtual Public Hearing Scheduled for November 9th

FOR IMMEDIATE NEWS RELEASE (November 5, 2020- Hagåtña, Guam) 

On Thursday, Bill No. 419-35, introduced by Senator Therese Terlaje, Chair for the Committee on Land, was heard publicly during a Committee virtual hearing.  Bill No. 419-35, is an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.

CLTC Commissioner Arlene Bordallo, former CLTC Chairman Pika Fejeran, CLTC Administrative Director Jack Hattig, Deputy Attorney General James Canto, and Attorney Michael Phillips provided testimony in strong support of Bill No. 419-35.

The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.

“It [Bill No. 419-35] lifts the cloud that I believe has muddled the general public’s understanding of the Chamorro Land Trust Program.  When I joined the Commission in 2016, even up to today, there are a lot of people in the general public that don’t understand that the CLTC program is not a discriminatory program.  It really is a compensatory program that is meant to rectify the wrongs done in the past.” stated Pika Ferejan during the public hearing. 

Fejeran went on to state, “I urge all of the senators to please support this bill as it is written.  The settlement agreement that we agreed to, all of the points are in this bill.  It more clearly defines the program as a land restoration program.  It also expands eligibility for our program to more accurately find and provide land to all of those that were affected by the land takings, and it also provides a compassionate measure in certain instances for life estates for spouses of eligible lessees. I also appreciate language in the bill that plainly states that the bill and the settlement does not absolve the U.S. from returning or restoring other lands to the people of Guam.”

Director Hattig registered his support at the hearing by stating, “There are three key aspects of the legislation that are of great benefit to the Trust beneficiaries: 1) it preserves the program in its entirety after many years of hard fought legal challenges from its implementation to its fundamental eligibility requirements in such a way that no current leaseholder will be adversely affected, 2) it clearly restates the eligibility requirements that are not discriminatory, and 3) it further expands said eligibility to persons who farmed, ranched or otherwise occupied land and their descendants. So I urge the Legislature to please support this very important piece of legislation as we will finally move forward with the Land Trust mission.”

Deputy Attorney General Canto stated, “While we do defer to this body on public policy decisions affecting the Chamorro Land Trust Act and the Chamorro Land Trust Commission, we offer our wholehearted support for Bill No. 419, as introduced, to the extent that it includes the required amendments, and therefore meets the terms agreed to by our clients and the other parties of the settlement agreement.”

Attorney Michael Phillips, who was instrumental in enlightening the federal court and Department of Justice of the Guam story regarding land takings during settlement agreement negotiations, provided history and background on the Chamorro Land Trust Act.  In his testimony of support of Bill No. 419-35 he said, “My intent is to ensure that if your kids or their kids ever have to tell the Guam story again, that we have it somewhere because that’s really what we were missing here.” Phillips ended his testimony by further stating, “This is historic and it’s a really good day for the people of Guam.”

“I am grateful for everyone who has preserved the Chamorro Land Trust program for us, who never stopped fighting for, protecting, and expanding the potential of this land and its precious resources.  This bill recognizes the land use history of the people of Guam and will expand residential and agricultural leases to those individuals and their descendants whose use of land on Guam was disrupted due to land takings.  I am very honored to be part of ensuring that the original intent of the Chamorro Land Trust Act is protected,” stated Senator Therese Terlaje.

Another virtual public hearing on Bill No. 419-35 is scheduled for November 9th at 5:00 p.m. to solicit more input from the community.  Senator Terlaje is inviting all members of the community to provide oral or written testimony.  You may register with the Office of Senator Therese Terlaje for the November 9th virtual public hearing by emailing senatorterlajeguam@gmail.com or calling 472-3586.

To view the full public hearing, please see video below: