FOR IMMEDIATE RELEASE (November 18, 2021 – Hagåtña, Guam) – Speaker Therese Terlaje, as Chairperson of the Committee on Health, Land, Justice and Culture, is holding an oversight hearing with Guam Ancestral Lands Commission (GALC) and the Department of Land Management (DLM) on Thursday, November 18, 2021. This oversight is a follow-up to the last GALC oversight held in April 2021 which brought to light the status of the promised but still unfulfilled return of federal excess lands, listed since 2017, and other lots removed from or added to the list in 2020.

Today’s oversight hearing agenda is on the status of recent or pending transfers, deeds, leases, or licenses between the Government of Guam (GovGuam) and the Federal Government or DoD. Ronald Eclavea, GALC Board of Commissioners Chairperson, John Burch, GALC Executive Director, and Joe Borja, DLM Director have been requested to appear to provide information on the status of notification of ancestral landowners for numerous properties slated for return, including the properties known as “Eagles Field.”

Speaker Terlaje has three goals for the oversight hearing:

1.     Determine what will be done if the land returned to GovGuam bypasses GALC and ancestral landowners. Pursuant to Title 21, Chapter 80 GCA land returned to GovGuam from DoD must be deeded to GALC, so that the land can be returned to its ancestral landowners.

2.     Emphasize the obligation of GALC, DLM, and the Governor of Guam to notify ancestral landowners of the status of their property released, pending release, or denied release. This is also including those owners of properties which GovGuam has announced it will retain for other purposes instead of returning to ancestral landowners.

3.     Hear from ancestral landowners who have not been notified or who have felt bypassed in the process of the construction of Guam’s new medical campus. Many ancestral landowners and their families have come forward with claims of their exclusion and have brought their concerns to Speaker Terlaje. A portion of this oversight will be used as a space for ancestral landowners to present testimony and ask questions.

Speaker Terlaje believes that the public should have access to information regarding the return of these excess lands. “The issues we will discuss at this upcoming oversight are the same issues discussed by Legislatures before ours, and as we discussed during the April oversight,” said Speaker Terlaje. “It is concerning that ancestral landowners are still being left out of this process by our government. I hope that this upcoming oversight will focus on ensuring all actions moving forward surrounding these returned lands center on the rights of ancestral landowners.”

The issues to be discussed at the oversight date back to unjust land takings by Naval Governors and the federal government following World War II, and to 2011, when the then-Under Secretary of the Navy promised to pursue a “net negative strategy” for the U.S. Marine Corps relocation of 5,000 troops and their families from Okinawa to Guam. The promise sought a smaller DoD footprint in Guam and the return of underutilized land to GovGuam. 

 In 2019, a Joint Region Marianas report indicated only 608 acres were returned since, and the same 125.6 acres listed for return in 2017 and 2019 were still listed as pending environmental studies.

In August 2019 pursuant to a process mandated by NDAA 2019 for Governors to request return of additional parcels, Governor Leon Guerrero sent a letter to Secretary of the Navy, Richard V. Spencer requesting to add 2,596 acres of terrestrial land and 17,031 acres of submerged land to the Navy’s excess land inventory. On July 2, 2020, the Secretary of the Navy responded to the Governor, rejecting most of the request except for 9 parcels totaling an estimated 93.66 acres of terrestrial lands and 6,225 acres of submerged lands. Included in this was a 50-acre portion of a 310-acre lot now understood to be the proposed site for Guam’s new medical campus.

On January 15, 2021, the Secretary of the Navy wrote a letter to the Governor confirming the addition of Lots A7a and b Anderson to the list of parcels eligible for return to Guam as requested by the Governor back in August 2019, These Lots contain what is known as “Eagles Field.” According to the Secretary’s July 2020 letter, a 50-acre portion of the site was added to the lists of lands eligible for return; however, the January 2021 letter confirmed an increase to 102 acres. The letter also stated that the Navy would expedite the process and work with the governor’s staff to identify an appropriate interim method to assist with planning and development.

DLM was issued a non-exclusive right of entry from April 9 to August 31, 2021 to Anderson Barrigada Annex Lot A7a and b signed off by the DLM Director and the Real Estate Contracting Officer of the Naval Facilities Engineering Systems command Marianas. To-date the lots contained within “Eagles Field” have yet to be returned to their ancestral landowners, and the ancestral landowners have not received any notification of the plans for their properties. 

FOR IMMEDIATE RELEASE (November 18, 2021 – Hagåtña, Guam) – Speaker Therese Terlaje issues the following statement on the passing of former Senior Jurist Pro Tempore for the Superior and Supreme Courts of Guam, Honorable Richard Hugh Benson:

“The legislature joins the Judiciary of Guam and the people of Guam in mourning the passing of the late Judge Benson,” stated Speaker Terlaje. “We extend our condolences to the family and friends of Judge Benson. He served Guam with honor and diligence and set an excellent foundation for justice through his service in the court systems of Guam.” 

A virtual oversight hearing on Guam Ancestral Land Commission (GALC) and Department of Land Management (DLM) will take place on Thursday, November 18, 2021 at 5:00 PM via the Guam Legislature’s Zoom platform.

The agenda for this hearing is on the status of recent or pending transfers, deeds, leases, or licenses between the Government of Guam and the Federal Government or DoD.

Speaker Terlaje is encouraging all ancestral landowners of federal properties designated as “transfer in progress” under the authority of U.S. Public Law 106-504, and properties listed as “anticipated to be transferred” between 2022 and 2026 pursuant to response letter from Secretary of the Navy Kenneth Braithwaite to Governor Lourdes Leon Guerrero dated July 2, 2020: 

• Parcel C of Marbo Cave
• Tanguisson Beach Park
• Tanguisson Power Plant
• ACEORP Maui Tunnel
• USO Beach Park
• Piti Powerplant & Substation
• Agana Diesel Power Plant
• Lot 603-1 Apra Heights (also identified as Lot 402-1)

and ancestral landowners of Andersen Barrigada Annex I & II, Lots A7a & A7b, located in Barrigada, Guam, to include the property known as “Eagles Field” and nearby lots in Barrigada to attend.

Please contact Speaker Terlaje’s office at (671) 472-3586 or senatorterlajeguam@gmail.com to RSVP and receive the Zoom link.

FOR IMMEDIATE RELEASE (November 5, 2021 – Hagåtña, Guam) – Two resolutions were introduced into the 36^th Guam Legislature this week by Speaker Therese Terlaje to support two U.S. House of Representatives bills that will federally recognize Guam’s Agent Orange exposure.

The first resolution, Resolution 199-36 (LS) was introduced by Speaker Terlaje, Senator Sabina Perez, and the rest of their colleagues on October 27, 2021, and is an act “Relative to expressing the support of I Mina’trentai Sais na Liheslaturan Guåhan (the 36^th Guam Legislature) for H.R. 3967, the ‘Honoring our Promise to Address Comprehensive Toxics Act of 2021’ because it recognizes Guam’s Agent Orange exposure, and advocating for the expansion of the toxic exposure definition of ‘covered veteran’ under Title III to include ‘a veteran who on or after October 30, 1980, performed active military, naval, or air service while assigned to a duty station in Guam because of the U.S. military’s open-air burn pit activity in the island.”

Despite service members’ sworn testimony on the use of Agent Orange in Guam and scientific studies identifying the toxic herbicide’s presence in Guam soil, the U.S. federal government continues to deny its use of Agent Orange outside of Vietnam and Thailand during the Vietnam War. H.R. 3967, introduced by Congressman Mark Takano, hopes to change this. The bill is titled the “Honoring Our Promise to Address Comprehensive Toxics Act of 2021” or “Honoring Our PACT of 2021” and to-date has 59 co-sponsors, including Guam’s Delegate Michael F. Q. San Nicolas.

H.R. 3967 includes seven Titles whose main purposes are to improve health care and benefits for veterans exposed to toxic substances. The more notable amendments within H.R. 3967 include: a compensation clause for veterans who were part of the nuclear fallout clean-up of Enewetak Atoll in the Marshall Islands; the recognition of Guam’s exposure to Agent Orange, which would provide health care and benefits for those veterans present on island from January 9, 1962 to July 31, 1980; and definitions of ‘covered veterans’ and locations affected by toxic exposure due to the U.S. military’s use of burn pits.

Senator Sabina Perez, Chair of the Committee on Environment and co-sponsor of Resolution 199-36 (LS), recently held an informational hearing on the dangers of the U.S. military’s use of open-air burn pits. Senator Perez’s insight into this issue brought forth one of the Resolution’s main purposes which is to advocate for Guam’s inclusion within the definition of ‘covered veteran’ for exposure to toxic substances from burn pit use.

“Agent Orange, radiation exposure, burn pits—our veterans have been exposed to all of these, and know first-hand, the true costs of war,” stated Senator Perez. “This crucial legislation will finally establish disability and healthcare benefits for veterans who have suffered serious health impacts of exposure to toxic chemicals. We must do everything we can to ensure that our people are given fair and equal access to healthcare.” Specifically, the Resolution’s amendment to the definition of ‘covered veteran’ says “a veteran who on or after October 30, 1980, performed active military, naval, or air service while assigned to a duty station in Guam”.

The second resolution, Resolution 200-36 (LS) was introduced by Speaker Terlaje and Senator Perez on October 28, 2021, and is an act “Relative to expressing the support of I Mina’trentai Sais Na Liheslaturan Guåhan for the passage of H.R. 3368, the “Lonnie Kilpatrick Central Pacific Herbicide Relief Act” introduced by the Honorable Michael San Nicolas in the United States House of Representatives on May 20, 2021, which seeks to correct injustice, clarify the eligibility of affected veterans, and expedite the processing of veteran claims of health conditions caused by Agent Orange exposure on Guam.”

H.R. 3368 was introduced into the 117^th Congress by Delegate Michael San Nicolas and is an Act cited as the “Lonnie Kilpatrick Central Pacific Relief Act”. The Act has identical intentions as H.R. 3967 in that it will federally recognize Guam as an area affected by Agent Orange exposure. The 35^th Guam Legislature unanimously passed Resolution 71-35 supporting an Act like H.R. 3368 that was also introduced by Delegate San Nicolas into the 116^th Congress.

“Exposure to Agent Orange causes debilitating diseases that many in our community have had to endure. The passage of H.R. 3967 and H.R. 3368 and the recognition of Agent Orange exposure to our veterans in Guam will help them to receive the healthcare and benefits necessary to improve their quality of life and to finally attain justice,” said Speaker Terlaje.

Speaker Therese Terlaje has spent many years advocating for veterans on Guam, passing several resolutions each term to support Congressional legislation that address the environmental and health impacts of Agent Orange, radiation exposure and nuclear testing clean-up on veterans and the people of Guam.  She has also continued to call upon the Department of Defense to initiate cleanup efforts and support presumptive eligibility and compensation for exposed Veterans and our Guam community. In April 2021, an amicus brief was filed on behalf of Speaker Therese Terlaje in the United States Court of Appeals for the Federal Circuit in support of the Military-Veterans Advocacy, Inc., who filed an appeal after their petition for rulemaking was denied by the U.S. Department of Veterans Affairs (VA) on May 12, 2020. The appeal calls for the Court to require the U.S. Department of Veterans Affairs (VA) to recognize, through rulemaking, a presumption of exposure to Agent Orange for Guam and Johnston Island veterans in the Agent Orange Act of 1991.

The virtual public hearing for Resolutions 199-36 (LS) and 200-36 (LS) is scheduled for November 9, 2021 at 4:00 PM via the Guam Legislature’s Zoom platform. The public is invited to participate and can contact Speaker Terlaje’s office at senatorterlajeguam@gmail.com or (671) 472-3586 to submit written testimony and/ or RSVP for the Zoom link. 

FOR IMMEDIATE RELEASE (November 4, 2021 – Hagåtña, Guam) – Resolution No. 178-36 (LS), in support of the passage of S. 2798 and H. 5338 in Congress, received its public hearing yesterday with members of the Pacific Association of Radiation Survivors (PARS), among others lending their support through both written and oral testimony. Resolution 178-36 (LS) has received bipartisan and unanimous support from its sponsor Speaker Therese Terlaje and all other members of the 36th Guam Legislature signed on as co-sponsors.

The two measures, S. 2798 and H. 5338 were introduced in the U.S. Senate and House of Representatives on September 22, 2021 and would amend the “Radiation Exposure Compensation Act (RECA)” to include Guam as a “downwinder” of the U.S. Pacific Test Sites; increase RECA awards for downwind claimants from $50,000 to $150,000; provide coverage for additional forms of cancer; and extend the claims filing period for 19 more years.

PARS President, Robert Celestial, whose dedication has been pivotal in advancing federal efforts related to Guam’s inclusion in RECA, opened the public hearing with a brief history of Guam and RECA. In this history, Celestial noted how his research and collaboration with individuals like Lieutenant Bert Schreiber, retired U.S. Navy, uncovered the truth about Guam’s exposure to nuclear fallout from U.S. nuclear testing in the Enewetak Atoll between 1946-1962. 

After Celestial’s testimony, many members of PARS and the public came forward to present their testimony in support of the two bills. Dozens of written testimonies from the community were also submitted prior to the hearing. These testimonies included tragic personal experiences complete with cancer diagnoses, financial hardships due to medical treatment, and families left to deal with the aftermath. Victoriana Mesa, wife of the late Jose Mesa who died from stage four multiple myeloma cancer and would be eligible for compensation under RECA if the congressional bills pass, testified about how it was common in 1950s-1960s Guam to live off the land: “To know now that all those fruits and vegetables, the local milk, and the meats that my late husband and all the people of Guam were eating and drinking back then were contaminated. And now to witness all these cancer patients’ sufferings. I hope and pray that the hearts of the Federal Government will be so touched and proceed accordingly.” 

Speaker Terlaje, moved by the vulnerability of the public, shared a personal family story that resonated with many in Guam who have lost loved ones to cancer. “For years my family dealt with our older relatives’ cancer diagnoses and deaths,” said Speaker Terlaje. “I was so terrified that it would happen to me, my siblings, and my children. But when I met Dr. Chris Perez and Mr. Celestial, saw the work of PARS, and understood Guam’s history with nuclear fallout exposure, it sunk in how contamination has caused the suffering of so many in our island community. I want to thank all of you who have testified. Each unique perspective shared here will show Congress the real lives and experiences of people in Guam.”

To be an eligible claimant in Guam, claimants must establish physical presence in Guam between 1946 and 1962 for at least a one-year period and have a diagnosis of at least one specified compensable disease. The current list of eligible specified compensable diseases include: 

·           leukemia (excluding chronic lymphocytic leukemia)

·           multiple myeloma

·           lymphoma (other than Hodgkin’s disease),

and primary cancers of the:

·           thyroid

·           male or female breast

·           esophagus

·           stomach

·           pharynx

·           small intestine

·           pancreas

·           bile ducts

·           gallbladder

·           salivary gland

·           urinary bladder

·           brain

·           colon

·           ovary

·           liver (except if cirrhosis or hepatitis B is indicated), and

·           lung.

Testimony on this resolution will be compiled in a Committee Report and sent to Congress to provide further support on the two bills. If you or someone you know is interested in submitting testimony regarding Resolution 178-36 (LS) or the two bills, you may submit testimony to the Speaker’s office until November 10, 2021. You may submit your testimony in-person to the Speaker’s office located in the Guam Congress Building or via email at senatorterlajeguam@gmail.com

RESOLUTION 178-36 (LS) PUBLIC HEARING RECORDING

SHARED PUBLIC HEARING FOLDER FOR RESOLUTION 178-36 (LS) PUBLIC HEARING

FOR IMMEDIATE RELEASE (November 1, 2021 – Hagåtña, Guam)– Speaker Therese Terlaje has issued the following statement:

“Today, I felt cold symptoms, got tested and was notified that I tested positive for COVID-19.  I am currently in isolation, taking all the necessary precautions at home and my office to keep everyone safe in this fight against COVID-19.

I want to reassure the people of Guam that I am doing well despite this virus, and I humbly urge everyone in our community to continue to be vigilant about their health.

I look forward to a quick recovery and serving you at my full capacity.  Si Yu’os Ma’åse’ for your well wishes and support.”

All noticed virtual public hearings by the Committee on Health Land, Justice and Culture will be held as scheduled, unless session interferes with the start of the hearing time.