Si Yu’us Ma’åse’ to Ha’åni Lucia Falo San Nicolas and Dave Lotz for their published editorials which join me in calling for transparency from Joint Region Marianas! Please read their editorials linked below.
Ha’åni Lucia Falo San Nicolas’ editorial: https://www.guampdn.com/opinion/letter-bare-transparency-is-theft/article_5a94ac0e-3475-11ec-922a-072b3f0026fa.html
FOR IMMEDIATE RELEASE (October 25, 2021 – Hagåtña, Guam)– Today, session reconvened at 10am, however the Legislature lacked quorum to conduct business during most of the morning. In an effort to push forward towards solutions, Speaker Therese Terlaje introduced Bill 217-36 (LS) to address the error in the engrossment of Bill 130-36 relative to the Guam World War II Reconciliation Act of 2021.
Bill 217-36 (LS) is AN ACT TO ADD A NEW SECTION 13.2 TO CHAPTER 1 OF DIVISION 1, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE GUAM WORLD WAR II RECONCILIATION ACT OF 2021 TO COMPENSATE CLAIMS OF THE GREATEST GENERATION OF GUAM FOR THE ATROCITIES SUFFERED DURING THE WORLD WAR II OCCUPATION OF GUAM.
The measure is identical to Bill 130-36 (LS), as it was introduced, and qualified for a public hearing waiver by statute. Once Bill No. 217-36 was introduced this morning, the Legislature reconvened right before lunch and had quorum to continue with the session agenda. Speaker Terlaje moved Bill No. 217-36 onto the session agenda and requested that discussion on Bill 217-36 (LS) be suspended until Monday, November 1, 2021, to ensure the public is given five-day notification for agenda items as required by Section 4(d) of Public Law 36-34.
“Our manåmko’ have travelled the long, hard road to achieve justice and recognition for their suffering during the Japanese occupation. Their sacrifice demands our genuine effort and support. I have willingly put my name on this corrective measure when nobody else would, simply because it’s the right thing to do for our war survivors. And while I still believe there is much more work to be done to achieve true justice for them, this is one step,” said Speaker Terlaje.
All bills on the current agenda were passed on file until the November session. All confirmations will be addressed on Monday, November 1, 2021. Session will be in recess until November 1, 2021, at 1pm to discuss Bill 217-36 and all confirmations on the session agenda.
FOR IMMEDIATE RELEASE (October 22, 2021 – Hagåtña, Guam) – Speaker Therese Terlaje has issued the following statement on today’s legislative session and Bill 130-36 (COR):
After being alerted to an error in the engrossment of Bill 130-36 (COR) AN ACT TO ADD A NEW SECTION 13.2 TO CHAPTER 1 OF DIVISION 1, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE GUAM WORLD WAR II RECONCILIATION ACT OF 2021 TO COMPENSATE CLAIMS OF THE GREATEST GENERATION OF GUAM FOR THE ATROCITIES SUFFERED DURING THE WORLD WAR II OCCUPATION OF GUAM, my office worked with the Committee on Rules and central staff to determine the cause of the clerical error and to identify any gaps that could be closed in our administrative processes. The Clerk’s Office provided a verbal and written timeline of what transpired on Bill 130 and the error that was made.
I promptly issued the attached release to the media to assure the people of Guam that there was a concerted effort to find how the error happened and was assured by the Acting Chairperson of the Committee on Rules, Senator Amanda Shelton, that measures were being put in place to ensure it will not be duplicated.
While colleagues have made accusations in the media that the clerical error was intentional, corrupt, and sowing seeds of distrust, I remain committed to honoring the credibility of this institution, the tenet of attorney client privilege, as well as the will of this body to provide a productive solution by majority vote. No solution was proffered today and session was impeded by repeated walkouts.
In addition, P.L. 36-34, authored by Senator Joanne Brown, that requires our agenda be properly noticed. Bill 130-36 (COR) was not included as an agenda item on the Legislature’s notice which was published on October 15 and 19, 2021. Actions on the floor require eight (8) votes.
I understand the calls for accountability from our Republican colleagues and hope they see this as an opportunity to improve upon our processes and not to threaten the livelihoods of these employees over a clerical error or to create chaos instead of a solution. The Committee on Rules should implement changes to prevent future errors.”
FOR IMMEDIATE RELEASE (October 21, 2021 – Hagåtña, Guam) – Speaker Therese Terlaje has issued the following statement on the War Claims Bill 130-36 which was signed into law as P.L. 36-59:
“There was an error in engrossment of Bill 130-36. Specifically, language was included in the engrossed bill that should not have been included. Unfortunately, no senator or staff caught the error in the engrossed bill prior to voting. The bill containing the error was passed by 13 ayes and 2 absent votes and signed into law by the Governor as P.L. 36-59.
I am working with the Committee on Rules and the Central Staff to further ensure our process catches these errors before voting.
Any further action as to P.L. 36-59 will have to be by consensus of the Legislature during session.
The error stems from an amendment that I proffered to expand those eligible for this local war claims program beyond the federal limitations by adding the words “regardless of time of death”, which the amendment was ruled materially different and thus out of order by the Chairman on Appropriations, Senator Joe San Agustin. I made a motion to overrule the Chair, which failed, with only myself, Senator Sabina Perez, Senator Telo Taitague, and Senator Jose “Pedo” Terlaje voting in favor of the motion. No vote was taken on the floor amendment.
Despite the error in the Legislature’s handling of the bill, I will continue to support war claims for those who suffered but died prior to the December 23, 2016, federal cutoff date.”
I Liheslaturan Guåhan will be called into Session on Friday, October 22, 2021 at 10:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building.
The placement of bills, resolutions, and appointments on the session agenda will be pursuant to our standing rules. A copy of the session agenda and potential items to be placed on the session agenda can be found here:
The session will be broadcast on GTA Channel 21, Docomo Channel 117 or 112-4 and at http://www.guamlegislature.com/live_feed.htm. A recording of the session will be available online via Guam Legislature Media on YouTube after the session. Please email senatorterlajeguam@gmail.com or call 472-3586, if you require any special accommodations or further information.
Due to the current public health emergency, all persons attending Session will be required to wear masks and to observe social distancing protocols.
Si Yu′os ma′åse′.
FOR IMMEDIATE RELEASE (October 12, 2021 – Hagåtña, Guam) At the 9th annual Programmatic Agreement Workshop that took place on August 10-11, 2021, Joint Regions Marianas (JRM) promised to fulfill Speaker Therese Terlaje and members of the public’s request to be provided information regarding the location and status of human remains and archaeological site discoveries found at all Undertaking projects, but most especially Camp Blaz, where the destruction of Mågua’ and Sabanan Fadang took place.
To fulfill their commitment, JRM reached out to Speaker Terlaje on September 3, 2021 to schedule a meeting. In response to JRM’s scheduling request, Speaker Terlaje requested that the following take place:
1. that the meeting be televised so that the community can hear firsthand as to the findings and status of historic properties and human remains from experts from JRM;
2. attendance from the State Historic Preservation Officer and State Archeologists; and
3. attendance from the senators of the 36th Guam Legislature so that they can have an opportunity to hear the information and ask questions.
JRM denied Speaker Terlaje’s request to have the meeting televised for the public, citing Section 9 of the Archeological Resource Protection Act of 1979 as an impediment to providing the community with this important information regarding CHamoru history. Ironically, JRM said “The issue is; once the information is public it is public to everyone, including those who have access to the areas in question and who may not have a historic lineage to these human remains.”
JRM allowed senators and representatives from the State Historic Preservation Office and the Department of Chamorro Affairs to attend. The Executive Director of the Governor’s Community Defense Liaison Office and the Chief Advisor on Military and Regional Affairs were also invited but did not attend.
On what took place in today’s meeting, Speaker Terlaje stated the following: “Joint Region told us what we already knew: they are finding a significant number of archaeological sites and human remains near areas already known to be of historic importance, yet not necessarily avoiding them. The full context of these areas will be lost to future generations.”
JRM admitted that they were aware of maps dating 100 years back which show that some of their construction sites included under the Programmatic Agreement, were ancient CHamoru villages or adjacent to known areas of habitation. These include Mågua’ and Sabanan Fadang which were affected by construction of Camp Blaz. Similarly, the construction in Andy South includes Mogfog, and the construction of the Live-Fire Training Complex includes Tailålo and is adjacent to an entire coastline of latte villages.
JRM made no promise to increase preservation-in-place or avoidance for archeological sites that are discovered. Construction at the Tailålo, Andy South, and Camp Blaz have resulted in the removal of majority of the artifacts from these massive project areas. For example, in Camp Blaz, 26 sites containing human remains were found, but only one, in Sabanan Fadang, was preserved in place which had four graves with multiple burials in them. In Andy South, or Mogfog, there were 18 archaeological areas discovered since construction, including eight human remains sites. Of the eight, one human remains site was preserved-in-place and believed to be CHamoru because of the context in which it was found, which included 90 ceramic sherds, two slingstones, one ground stone fragment, two fire pit-type features, and some animal bone fragments.
The maps reinforced that P-715 or the Live-Fire Training Complex at Tailålo sits among several latte sites and on the cliff line of continuous coastal latte villages and fishing grounds, including Litekyan. 70 sites eligible for the National Register of Historic Properties were known prior to construction. Thus far, seven additional archaeological sites covering multiple acres, and nine human remains sites were discovered during construction of the live-fire training range.
During the meeting, Speaker Terlaje requested that she keep certain maps or that the maps be released to the public, stating that there is no risk of harm to the resources or sites because the maps did not indicate the location of the sites that were preserved-in-place within the firing range complex but clearly showed the location of archaeological discoveries and human remains that were subsequently cleared. Maps presented were of sites located inside military gates. JRM denied this request again, stating Section 9 of the Archeological Resource Protection Act of 1979 as an impediment.
According to Speaker Terlaje, “The CHamoru people should have the opportunity to know what has been discovered, especially in significant areas within or adjacent to ancient villages. The details of these discoveries are not something they should only learn about years from now through archaeological interpretations or formal reports. It is for those whose heritage it is, to know what is found and when human remains are disturbed, and to decide the significance of the area in our history.”
Other senators in attendance were Sabina Perez, Telo Taitague, Clynt Ridgell, Joe San Agustin, and Joanne Brown.
For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com.
Speaker Therese Terlaje submitted written testimony to the United Nations Special Political and Decolonization Committee (Fourth Committee) on the Question on Guam on Wednesday, October 6, 2021. You can find the full testimony below and attached in PDF form.
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Håfa Adai distinguished members of the United Nations Special Political and Decolonization Committee (Fourth Committee) and Your Excellency Ms. Egriselda Aracely González López.
I am Therese M. Terlaje, Speaker of the 36th Guam Legislature. Si Yu’os Ma’åse’ and thank you for the opportunity to address this esteemed Committee for action on the question of decolonization of the non-self-governing territory of Guam under the Administering Authority, the United States of America.
The CHamoru people have been proud inhabitants and caretakers of the island of Guåhan (Guam) for over 4000 years. In that time our people have survived several deadly wars and 500 years of colonization and occupation by three separate foreign nations, including 120 years under the current Administering Authority. During this time of colonization, Guam’s precious resources, land and people were consistently exploited and used without the consent of the CHamoru people.
Self-determination is a fundamental inalienable right affirmed by the United Nations Charter. As is recognized by this Fourth Committee, the CHamoru people have not had the opportunity to fully and meaningfully exercise our right to self-determination on Guam free of outside rule or influence.
Paramount to self-determination is a non-self-governing people’s right to its own natural resources and the right to participate freely in any decision-making concerning those limited resources. Guam’s status limits its ability to forge independent economic and strategic partnerships with other nations particularly in our Pacific region. It is also critically important in this time of climate change that Guam, a small island, be allowed to protect its existing resources that will increase the absorption of carbon dioxide, increase the protection of shores against rising tides, and maintain its biodiversity as a hope for the future wellness and economic independence of its community. Our situation on Guam is urgent, as access and control of our resources is impeded by the delay in decolonization.
Studies have found over 100 contaminated sites on Guam. Almost all of these are from U.S. military activity and dumping, and result in the people of Guam’s continued exposure to many cancer-causing agents, including radiation from nuclear testing, Agent Orange, and polychlorinated biphenyls (PCBs).
One third of Guam that the U.S. military controls and uses for its continued activity, expansion, and nuclear storage, includes areas above the aquifer, adjacent to the fresh water lake, and along the coast, while designated cleanup sites are ignored.
Guam has sought but been denied in U.S. compensation programs for radiation exposure despite high levels of cancer rates and findings by the Board on Radiation Effects Research (BRER) Committee that the people of Guam were exposed as downwinders of the U.S. nuclear testing in the Marshall Islands from 1945 to 1962. Similarly, the U.S. denies Agent Orange use on Guam during the war despite the accounts of military personnel admitting to staging, transporting, and spraying the herbicide on Guam.
In addition to demands for clean-up of contamination and compensation for the countless who have suffered illnesses as a result, the CHamoru people continue to insist on the protection of its ancient villages, limestone
forests, cultural and historic artifacts and sites, and ancient burial grounds that the U.S. military has either destroyed or restricted public access to with its expansion of military presence, testing or training on Guam and throughout the Pacific.
The U.S. military is building a Live-Fire Training Range Complex (LFTRC) on Guam near Ritidian/Litekyan, the site of a 3500-year-old ancient village, despite resistance and concern from many community members. The Live-Fire Training Range requires the removal of approximately 187 acres of some of the last remaining primary limestone forests, and the habitat for several endangered species found only in Guam and within the CNMI. The LFTRC expands the military footprint over a current wildlife refuge, fishing grounds and unique cultural sites, and proposes to cut off public access to the people of Guam for 273 days out of the 365 days of the year.
Additionally, roughly 867 acres of land have been bulldozed in what was known to be ancient villages and settlement areas of Måguak, Sabanan Fadang, Haputo, Pugua Point, Taguac, and Machanao to build a main cantonment area and living quarters for additional U.S. military personnel expected to occupy Guam. During this construction phase, we have seen dozens of discoveries of artifacts and human burials of at least 12 individuals from the Latte Period. These discoveries do not include the known historic sites that were already excavated and removed in the main cantonment area and LFTRC. It is possible that there may be even more historic artifacts or burials destroyed unknowingly or inadvertently during the clearing and grading that went undocumented given the complexity and size of the project. Unfortunately, we may never know what other historic resources were lost for future generations. And there are several more significant military projects planned over the next 5 years that will disturb ancient CHamoru villages and ancient burials. These historic sites and cultural landscapes are vital to the history, identity, and well-being of the CHamoru people. There may be many other important findings or historic sites within the surrounding area that should not be removed or built over, for these same reasons. Our historic sites must be preserved in place so that future generations may further solidify their ties to their heritage and land and have the opportunity to interpret the interaction of cultural practices and the environment that helped our ancestors thrive for over 4000 years.
In addition to our land, the surrounding oceans of Guam are its most precious resource and must be preserved and protected from activities that will threaten its ecosystems. In 2020, the U.S. Navy was authorized to use approximately 980,000 square nautical miles in the Pacific near Guam and the Marianas Islands as a “testing and training” area, further increasing the U.S. military’s footprint on Guam and limiting CHamoru’s access to fishing, cultural practices and recreation in its waters. The Mariana Islands Training and Testing (MITT) study area is permitted to use sonar and other transducers, explosives, and vessel use in our oceans. The 2020 MITT also allows 67,652 takings (kills) of 28 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. My concern is that while Guam struggles with contamination and other effects from past military activities, the MITT ushers in additional adverse effects from testing and training in our waters and lands according to our experts. The true cumulative environmental, cultural and social impacts of the proposed military activities which include the MITT, the Live Fire Training Range Complex, and other future and existing training activities have not been analyzed and considered in totality.
Guam’s island ecosystem and cultural practices continue to be adversely affected by the environmental and social impacts of detonation of explosives and use of sonar in biological habitat, and the cumulative contamination and hazards from years of military training and testing activity in important parts of our island’s land and waters. It is imperative that Guam’s land and water resources be protected from further harm in order that the known and unknown value of the island’s land and water diversity and unique natural resources remain a viable source of future prosperity for the CHamoru people and the residents of Guam.
The indigenous people of Guam cannot wait any longer for action on self-determination, particularly during this time when access to our natural, historic and cultural resources continues to be threatened. We urge the assistance of this distinguished committee in the protection of our resources and in ensuring the future sustainability and survival of the people of Guam, through a resolution demanding immediate protection of Guam’s resources by the Administering Authority and demanding immediate agreement of the Administering Authority on the Decolonization of Guam before any more resources are lost.
Sincerely,
Therese M. Terlaje
Speaker, 36th Guam Legislature
FOR IMMEDIATE RELEASE (October 4, 2021 – Hagåtña, Guam)With 13 votes in favor and 2 Excused, Speaker Therese Terlaje’s Bill 165-36 (COR) received majority support today at the Guam Legislature and will be prepared for transmittal for action by the Governor.
Bill 165-36 (COR) was introduced to remove language in Guam Environmental Protection Agency’s current rules and regulations that sets a $125,000 cap on civil penalties. The issue was brought to the forefront in the aftermath of the irreparable damage at Marbo Cave, one of Guam’s freshwater sites that was enjoyed by our community but was devastated by carelessness and negligence.
“We must act to hold those accountable for blatant disregard of our environmental laws responsible for their actions. These laws are in place for the protection of the health and safety of our future generations here on Guam.” stated Speaker Terlaje.
In addition, the removal of the cap would continue to give the Guam EPA Administrator discretion in many areas including the determination of the amount of any penalty assessed to take into account the nature, circumstances, extent, and gravity of the violation with respect to the violator, the ability to pay any prior history of violations, the degree of culpability, economic benefit, or savings resulting from the violation and any such other matters as justice may require.
“I want to thank my colleagues for expanding Guam EPA’s enforcement tools especially when they are dealing with multimillion dollar companies as the violators. Proportionate enforcement is necessary so that best decisions and best practices are in place on the front end of these projects instead of passing on environmental damage to Guam residents to mitigate on the back end,” stated Speaker Terlaje.
Bill 165-36 (COR) was co-sponsored by Senators Sabina Perez, Clynt Ridgell, Joanne Brown and Telo Taitague.