Please see the December 13th article in the Pacific Daily News regarding the Programmatic Agreement regarding military training and testing on and within the surrounding waters of the island of Guam (PATT) below. https://www.guampdn.com/story/news/local/2020/12/13/guam-govguam-officials-new-military-agreement-not-happy/6527313002/

Please see Senator Therese Terlaje’s full statement to the media regarding the PATT below:

“While the proposed 2020 agreement is only 14 pages, the Appendix A is 96 pages long and contains important information regarding training activities and potential training areas that needs careful review.  Appendix B also proposes Standard Operating Procedures regarding the handling of human remains uncovered due to “any action, undertaking, or activity (including those caused by natural occurrences such as erosion) on DoD-retained lands on Guam”.  It is unclear if the language in the SOPs will be applied to any activity including clearing or construction, not just training and testing activities in this PA, which could possibly widen the scope of this proposed 2020 Programmatic Agreement to any uncovered human remains disturbed by the military. The SOPs must be reviewed thoroughly and compared to existing local reburial guidelines. We should not feel rushed into an agreement without complete confidence that it is in the best interest for the community.  

I am very concerned about the increased number of training areas in the proposed 2020 PA that were not included in the 2009 Programmatic Agreement.  At first glance it appears that 20 different training areas were identified outside of Anderson Air Force Base (which includes DanDan Malojloj, Camp Blas South, Nimitz Radio Barrigada, Piti Floating Mines, Agat Bay Mine Neutralization Site, Nearshore waters of NBG and other areas), and 7 training areas were identified inside Anderson Air Force Base.  The 2009 PA listed only Naval Base Guam (NBG) Main Base, portions of the Naval Ordinance Annex, 7 training areas within AAFB, and 5 training areas in Anderson South. Maps and descriptions of possible training activities were included in Appendix A of the 2020 PA, but the maps did not include a listing of known historic sites in and around the surrounding 27 proposed training areas.

In addition, the 2020 PA requires that the agreement be signed first, before JRM provides (GIS) documentation of sites identified as eligible for listing on the National Register of Historic Properties (NRHP) and copies of all archeological survey reports available to DoD covering the eligible sites. (See Part A of Stipulation VII in the draft PA).  JRM has six months after the execution of the agreement to provide such information.  This survey information and documentation of historic sites should be provided upfront before the government of Guam agrees to any proposed training sites.  If the agreement is signed before it has complete information regarding its historic sites, it allows for “no further review or consultations under this PA” in all 27 proposed training areas and ultimately ties the hands of the State Historic Preservation Officer and the community from fully protecting our historic sites. 

I recognize some of the enhancements in this draft 2020 Programmatic Agreement in comparison to the 2009 PA such as the inclusion of annual meetings and public notice for trainings.  I will insist that any annual meetings be open to the public as I have insisted these last 4 years for the 2011 Relocation Programmatic Agreement annual meetings.  

I do not support a Programmatic Agreement with no expiration date.  While the agreement technically allows for termination at any time, it is in the best interest for the people of Guam to require cumulative studies of the impacts of training and testing and insist renegotiations based on data at least every 5 years.  This is the type of information the community and I have been asking for since the negotiations for this PA started two years ago and it is irresponsible to move forward with an agreement without a true assessment of impact and safeguards.  Training and testing activities include detonations, sonar, live fire, helicopter training, and other activity.  When these are done over our villages and in our fishing grounds and habitat, or in the vicinity of ancient burial grounds and cultural sites, these have growing cumulative impacts on Guam. The draft agreement fails to acknowledge cumulative impact.  Even the 2011 Relocation PA with all its faults acknowledged massive cumulative impacts, and included required mitigation such as the Repository, a Museum, publication of research and assistance to the SHPO’s office.  

The 2009 PA required field monitoring and report submission. We have yet to see reports of impacts from training under the MIRC and MITT from 2009 to 2020, and the negotiations on the new MITT was the opportunity to ensure past obligations were met and a true mechanism to ensure compliance in the future.  The former SHPO had ensured that meetings with DoD regarding the MITT were open, and my office set up working meetings with Guam Preservation Trust, the Attorney General, senators, and others in hopes of a unified Guam approach intended to collectively strengthen the SHPO’s negotiations. In the last several months, consultations stopped being public and the SHPO and DoD came to this draft agreement and now invite public comment after the fact, putting a huge burden on the people of Guam during the holidays to voice their concerns before an agreement is signed. We expect the SHPO to consult with the people of Guam before negotiating for us. It was disappointing that an extension of the prior MIRC/MITT agreement was granted without obtaining the information that had been required of the agreements all along.

The implications and consequences of entering into a Programmatic Agreement are enormous and must be scrutinized with extreme care and deliberation. Training stretches far off the bases into our villages, fishing grounds, and cultural sites almost daily and yet we continue to be in the dark as to which cultural properties are affected and what the true impacts are on our communities. 

We have seen time and time again the removal of ancient artifacts, latte, lusong and human remains because the agreements were not explicit about preservation in place or details regarding acceptable forms of mitigation. Guam must learn from its past errors and stop losing in negotiations. We must ensure that any agreements made going forward protect Guam’s remaining historic sites and precious resources for the Chamorro people and the residents of Guam.

I plan to ask the SHPO again to conduct meetings with the community, prior to signing the agreement, where he can explain the expanded training sites, the cultural sites impacted, and what the differences are with this new agreement.

I encourage all community members to submit comments and concerns before December 16th regarding the draft 2020 Programmatic Agreement to advance our efforts to protect our cultural and historical resources.”

Residents can view the draft PATT document at https://historicguam.net/project-title-training-area-selection/, where there is also an option to submit comments. Comments can also be emailed to guamshpo@gmail.com. The public comment window closes Dec. 16.

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.

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

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.

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.”

FOR IMMEDIATE NEWS RELEASE (June 19, 2019 – Hagåtña) – Senator Therese Terlaje remains focused on preventing the removal of historic artifacts at Northwest Field and sent the following letter to the Governor calling for a pause on the clearing and construction at the proposed Live Fire Training Range Complex at Northwest Field to allow for a thorough assessment of the cultural significance of at least four recent discoveries.

See Senator Therese Terlaje’s letter attached here.

FOR IMMEDIATE NEWS RELEASE (June 19, 2019 – Hagåtña) – I acknowledge that there are personnel actions pending, however, I am deeply troubled by this recent move by the administration to dismiss the State Historic Preservation Officer in the midst of one of the largest construction projects in our recent history, including the bulldozing of 5000 acres of limestone forest and numerous historic sites.  We are in desperate need of persistent and loud voices pushing for historic preservation particularly as DOD continues to insist destruction is “unavoidable”. 

The SHPO has been one of Guam’s biggest and sometimes only advocate for the protection of precious cultural and historical resources while many remain silent.

The SHPO, in her official capacity, had to witness and carry the burden of representing Guam and the Chamorro people in the face of ten years of the largest buildup in the history of peace.  I had high hopes this new administration would help shore up the legal or other expert resources that office needs to truly represent Guam.  To put someone inexperienced in an acting capacity leaves Guam vulnerable to further bulldozing of historic sites and leaves Guam voiceless during a critical period of potential harm to our culture and our environment.  Silencing and intimidation are the opposite of standing up for the people of Guam.

FOR IMMEDIATE NEWS RELEASE (June 14, 2019 – Hagåtña) – Senator Therese Terlaje continues to ask the Governor for a pause to be placed on the clearing of vegetation and construction of the Live Fire Training Range Complex (LFTRC) at Northwest Field to give more time for the State Historic Preservation Officer and community to consider the importance of the newly discovered historic artifacts, and for the Governor to lead discussions with the military as to whether the additional historic properties can be avoided at the proposed construction area adjacent to the ancient village of Ritidian.

Recently, the State Historic Preservation Office (SHPO) was notified of at least three more new discoveries of additional historic sites during the clearing of the forest in the proposed Known Distance Rifle Range (KDRR) area which is one of five proposed firing ranges at LFTRC.  One of the sites discovered had at least 400 pieces of pottery found in a dense area, and another area encompassing 7 acres of artifacts needed further surveying.  The Marine Corps Activity Guam report noted that the 3 areas are probable sites or extensions of one larger site, pending confirmation by additional investigations. The properties found contained fire features (potential earth ovens), Latte Period ceramic scatters, various lithics, and shell artifacts.  In this proposed Northwest Field construction area are 94 known historic sites which is separate from the 3 new historic sites discovered.  Fourteen of the ninety-four historic sites have already been excavated and removed from the area. There is a concern that more new discoveries will be made as clearing continues for the 18-acre KDRR range.  Additionally, the Multi-purpose Machine Gun (MPMG) Range area, which is the largest of the five ranges at LFTRC encompassing 59 acres is slated to be cleared next. SHPO is concerned that there are already too many new discoveries of historic properties to ignore their frequency and has contended that more surveying is necessary to ascertain if the area was an ancient village.

“Many promises have been made by leaders to protect and defend our culture and environment. Despite numerous objections and public comments shared by Guam SHPO, Guam National Wildlife Refuge, fishermen, government agencies, original landowners and concerned community members over several years, DOD has continued to move forward with the clearing and construction of the Live Fire Training Range Complex at Northwest Field putting at risk historic sites along with at least 187 acres of limestone forests, and year round public access to Ritidian.  The time for action is now. As we have seen by the destruction of Magua, the clearing of 14 historic sites in the firing range area already, and the new discoveries of more historic sites, a week from now may be too late,” Terlaje states. 

See documents sent to the Governor:

June 12, 2019 Letter to the Governor Leon Guerrero

Summary of Concerns – Live Fire Training Range Complex

Marine Corps Activity Guam reports

May 24, 2019 Letter to Governor Leon Guerrero