Senators Pass Bill to Authorize a Driving While Impaired (DWI) Treatment Court

FOR IMMEDIATE NEWS RELEASE (May 23, 2018 – Hagåtña)
This afternoon the Legislature passed Bill No. 203-34 (LS) which will allow for the establishment of a DWI (Driving While Impaired) Treatment Court program to support the Judiciary’s efforts to reduce recidivism for medium and high-risk offenders, through the implementation of therapeutic treatment for addiction and rehabilitation.

Bill No. 203-34 (LS), referred to as the “Safe Streets Act of 2018”, was introduced by Vice Speaker Therese Terlaje and was initially drafted by the Judiciary of Guam’s DWI Treatment Court Executive Committee, Office of the Attorney General, Guam Public Defender Service Corporation, Alternative Public Defender, Office of Highway Safety Department of Public Works, Guam Police Department Guam Highway Patrol, Compiler of Laws, Department of Revenue and Taxation, and Department of Corrections.

The legislation continues to make it unlawful to drive while impaired by alcohol or controlled substance, or while having a blood alcohol content of .08 percent, or to drive under the influence of any substance that impairs a person’s physical or mental capabilities. The legislation also continues to mandate imprisonment, fines, and penalties for driving while impaired. Through the new Safe Streets Act of 2018, the DWI Treatment Court will be able to use tools like the breath alcohol ignition interlock device, penalties, and driving privileges to ensure DWI offenders are monitored and sentenced appropriately.

Terlaje stated, “These enhancements to the current law will give the Judiciary the tools it requested to properly address Driving While Impaired so that appropriate sanctions, incentives and therapeutic interventions are utilized to balance public safety concerns and stop repeated offenses of driving while impaired.”

For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.

Statement from Vice Speaker Therese Terlaje on 2018 State of the Judiciary Address

“I commend the Chief Justice and the Judiciary for their leadership in ensuring our courts are fair, forward-thinking, and respond holistically to the needs of the community. The Chief Justice outlined many of the Judiciary’s successes today and I want to congratulate her and all of the hardworking staff of the courts on their accomplishments. I appreciate their commitment to using evidence-based best practices especially during a time when we need all branches of government to be as efficient and effective as possible. I look forward to our continued collaboration with the Judiciary to ensure the people of Guam have access to justice.”

COMMITTEE ON CULTURE AND JUSTICE RECEIVES CRITICAL TESTIMONY ON PROPOSED STAND YOUR GROUND LEGISLATION

FOR IMMEDIATE NEWS RELEASE (April 20, 2018) – The Committee on Culture and Justice received testimony during a public hearing today on Bill 149-34 (COR) introduced by Senator Joe S. San Agustin and Senator Dennis Rodriguez, Jr. –An Act to amend §§ 7.111, 7.112, and 7.113 of Article 5, Chapter 7 of Title 9 of the Guam Code Annotated, and to amend §§ 7.86(b)(2) and 7.86(c) of Article 4, Chapter 7, of Title 9, Guam Code Annotated, relative to expanding the “Castle Doctrine” by adding the “Stand Your Ground” Justification for Acts of Self Defense and eliminating the requirement of retreating before the use of force in the face of imminent danger. Several supporters and opponents of the bill came to the hearing with a majority testifying in favor of Bill 149-34 (COR).

According to Attorney Stephen Hattori, the Executive Director of the Public Defender Service Corporation, under current law, “You can use self defense everywhere, you have a duty to retreat, unless the incident occurs in your home, vehicles, or place of work. This bill would expand the zone of protection. A Stand Your Ground law makes everywhere you step your castle.” (Written testimony attached.)

Both Hattori and Deputy Attorney General and Chief Prosecutor Joseph B. McDonald provided research to committee members, which included a study by the American Bar Association’s National Task Force on Stand Your Ground, published in 2015. The Task Force conducted a broad investigation of Stand Your Ground laws across the United States that revealed several important findings, which include:

1. Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.
2. Multiple states have attempted to repeal or amend Stand Your Ground laws.
3. The application of Stand Your Ground laws is unpredictable, uneven, and results in racial disparities.
4. An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.
5. Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.

Furthermore, the Task Force made recommendations for Legislatures that included the following:
1. For states that desire to combat violent crime, it is recommended that legislatures do not enact Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have not decreased theft, burglary, or assault crimes. For states that have already enacted Stand Your Ground laws, it is recommended that they repeal these laws.

2. For states that desire to reduce their overall homicide rates, it is recommended that legislatures repeal Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have increased homicide rates.

3. For states that desire to reduce or eliminate racial disparities in the criminal justice system, it is recommended that legislatures amend or repeal statutory Stand Your Ground laws because implicit racial bias has been identified as a significant factor causing inconsistent outcomes in criminal cases involving Stand Your Ground laws.

The full report may be downloaded at:
https://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf

Chief of Police Joseph Cruz submitted written testimony stating that the Guam Police Department could not support Bill 149-34 (COR) as it would make law enforcement’s duties more difficult. “After a review of similar statues, articles, and relevant data, it appears that “Stand Your Ground Laws” combined with increased access to firearms/”gun-carrying” causes a rise in unnecessary violent confrontations,” Chief Cruz stated. He further stated that Guam’s Castle Doctrine law and self-defense laws “more than allow a law-abiding citizen the legal right to defend themselves and their families against unwarranted/unprovoked violence.”

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For more information, please call the
Office of Vice Speaker Therese M. Terlaje at (671) 472-3586

Vice Speaker Terlaje and Sens. Nelson, Lee, Muna, and Torres Unite to Find Solutions to Better Protect Guam’s Children

FOR IMMEDIATE RELEASE (April 12, 2018) – Please be advised that the Committee on Culture & Justice, the Committee on Housing, Utilities, Public Safety, and Homeland Security, the Committee on Innovation and Economic Workforce, and Youth Development along with Senator Mary Camacho Torres and Senator Louise B. Muna will be conducting a Joint Roundtable Discussion on Tuesday, April 17, 2018 beginning at 3:00 p.m. in the Public Hearing Room of I Liheslaturan Guåhan, Guam Congress Building, 163 Chalan Santo Papa Street, Hagåtña.

The committees will discuss the following:
Emergency Shelter and Support Services for Homeless Children:

Discussing strategies and services available to support the Child Protective Agencies and Housing Agencies efforts to prevent the threat of harm to children living without adequate shelter, and to expand emergency shelter and support services.

Representatives from DPHSS, Division of Child Protective Services, GHURA, Guam Housing Corporation, the Guam Homeless Coalition and the Guam Police Department have been invited to participate.

https://www.guampdn.com/story/opinion/editorials/2018/04/20/rise-child-abuse-homelessness-more-must-done-our-view/531301002/

Vice Speaker Proposes Bill to Deter Gun Violence

FOR IMMEDIATE NEWS RELEASE (March 21, 2018) – Vice Speaker Therese M. Terlaje, with co-sponsorship from Senator Telena C. Nelson, introduced Bill 265-34 (COR), a bill that seeks to ban bump-fire stock firearm attachments and increase penalties and fines for the possession of illegal firearms. Under current Guam law, possession of machine guns and other automatic weapons are already illegal. However, bump-fire stock firearm attachments and other devices that allow semi-automatic weapons to fire like machine guns are not specifically banned.

In the Las Vegas concert massacre that took place in October of 2017, the shooter was able to fire around 1,100 rounds in just 10 minutes (110 rounds per minute), injuring over five hundred people and killing fifty-eight (58) people, using bump-fire stock firearm attachments. At the direction of the President, the U.S. Department of Justice recently submitted notice of a proposed regulation banning bump stocks by reclassifying the device as a machine gun, following the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida.

Bill 265-34 (COR) will also increase the penalties and fines for the possession, sale or transfer of prohibited machine guns, automatic rifles and silencers from not less than 3 years to a minimum of 5 years imprisonment and from not less than $1,000 to a minimum of $10,000. Penalties for these acts are significantly higher in many other jurisdictions.

On March 07, 2018, Vice Speaker Terlaje together with Senator Telena C. Nelson and Senator Joe S. San Agustin held a roundtable discussion on existing gun laws, penalties and standard operating procedures related to deterring gun violence in schools with panel members from the Office of the Attorney General, the Guam Police Department, the Judiciary of Guam and GDOE. During the discussion, Attorney Genera Barrett-Anderson stated that current Guam firearm laws were fairly stringent, but could always be improved upon. Both Barrett-Anderson and GPD panel members agreed that bump-fire stock attachments were problematic because the device simulates automatic fire.

“Students and parents have expressed concern for the epidemic of mass shootings taking place in the U.S. Mainland and have asked that we do more to prevent these tragedies from happening in our own community. Bill 265-34 is one proactive measure to prevent gun violence in our schools and improve our gun laws to deter gun related violence in our community,” stated Vice Speaker Terlaje.

Therese M. Terlaje is the Chairperson for the Legislative Committee on Culture and Justice

Vice Speaker Terlaje Introduces Bills to Strengthen Protections for Victims of Family Violence

FOR IMMEDIATE NEWS RELEASE (September 12, 2017 – Hagåtña) – In an effort to protect victims and witnesses of family violence and other crimes, Vice Speaker Therese Terlaje has introduced two bills:

• Bill No. 177-34 (COR) – An Act to ensure the safety of victims of and witnesses of family violence and other crimes by including electronic monitoring as a condition of pretrial release by amending § 30.21(a) of Chapter 30, Title 9, and §§ 40.15, 40.20, and 40.60 of Chapter 40, Title 8, Guam Code Annotated.

• Bill No. 175-34 (COR) – An Act to ensure that Guam’s Family Violence Laws are enforceable and that family violence cases are successfully prosecuted by amending § 30.10 of Title 9, Guam Code Annotated.

Bill No. 177-34 allows judges to impose electronic monitoring as a condition during pretrial release of persons charged with family violence and other crimes. This bill is intended to ensure the protection of victims and witnesses of family violence, and is motivated by news reports of persons committing further acts of violence after arrest and pending trial, such as the 2013 tragic death of Emma Catapang Cepeda, who was shot to death in her home at the age of 35 by her estranged husband while he was on pretrial release on charges of terrorizing and family violence. Cases in Guam and other jurisdictions have proven that arrest, protective orders, and strict release conditions issued by the courts are sometimes not enough to deter further violence on release pending trial. Electronic monitoring systems that notify victims and law enforcement when a defendant violates a stay-away order may help to ensure victims’ safety pending trial.
Read the bill as introduced here: Bill 177-34 (COR)

Bill No. 175-34 promptly clarifies the existing definition of family violence following the Supreme Court of Guam reversal earlier this month of a family violence conviction due to the 9 GCA § 30.10(a)(2) being unconstitutionally vague. The Supreme Court of Guam in People v. Shimizu, 2017 Guam 11, determined that the language in the statute defining “family violence” as including “placing a family or household member in fear of bodily injury” did not provide fair notice to ordinary citizens as to what conduct it prohibits, and it did not establish minimal guidelines to govern law enforcement. Bill No. 175-34 will ensure that Guam’s family violence laws are enforceable and that family violence cases are successfully prosecuted. 9 GCA § 30.10 (a)(2) is amended by this Act to ensure that the statute provides fair notice as to what conduct it prohibits and to ensure that the statute establishes required guidelines for law enforcement.
Read the bill as introduced here: Bill 175-34 (COR)

“Family violence has long lasting impacts to our entire community. It is my hope that these measures will prevent another death, and empower victims to live without fear of further harm to them or their children. Prevention of further tragedy is our priority and deserves the best use of our resources, such as electronic monitoring systems,” stated Terlaje.

For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.

Public Hearing on Bills Bills to Strengthen Protections for Victims of Family Violence

The Committee on Culture and Justice will convene a public hearing on Thursday, September 28, 2017, beginning at 5:30 PM in I Liheslaturan Guåhan’s Public Hearing Room (Guam Congress Building, Hagåtña). On the agenda are the following items:

• Bill No. 175-34 (COR): An Act to ensure that Guam’s Family Violence Laws are enforceable and that family violence cases are successfully prosecuted by amending § 30.10 of Title 9, Guam Code Annotated.
Read the bill as introduced here: Bill 175-34 (COR)

• Bill No. 177-34 (COR): An Act to ensure the safety of victims and witnesses of family violence and other crimes by including electronic monitoring as a condition of pretrial release by amending § 30.21(a) of Chapter 30, Title 9, and §§ 40.15, 40.20, and 40.60 of Chapter 40, Title 8, Guam Code Annotated.
Read the bill as introduced here: Bill 177-34 (COR)

The hearing will broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4 and stream online via I Liheslaturan Guåhan’s live feed. If written testimonies are to be presented at the Public Hearing, the Committee requests that copies be submitted prior to the public hearing date and should be addressed to Vice Speaker Therese M. Terlaje. Testimonies may be submitted via hand delivery to the Office of Vice Speaker Therese M. Terlaje at the Guam Congress Building, 163 Chalan Santo Papa, Hagåtña, Guam; at the mail room of the Guam Congress Building, 163 Chalan Santo Papa, Hagåtña, Guam 96910; or via email to senatorterlajeguam@gmail.com. In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Vice Speaker Therese M. Terlaje, 163 Chalan Santo Papa, at (671) 472-3586 or by sending an email to senatorterlajeguam@gmail.com.

We look forward to your attendance and participation.
Si Yu’os Ma’åse.

Original Landowners and Agencies Voice Concerns About Live-Fire at Ritidian

FOR IMMEDIATE NEWS RELEASE (September 8, 2017 – Hagåtña) – Vice Speaker Therese Terlaje (D-Yoña), Chairperson for the Committee on Culture and Justice convened an informational briefing yesterday, where dozens of concerned community members including the original Ritidian landowners and their families provided four hours of testimony demanding that the construction of the Live-Fire Training Range Complex (LFTRC) at Northwest Field be paused. Speaker BJ Cruz, Senator Telena Nelson, Senator Wil Castro, Senator Regine Biscoe Lee, Senator Fernando Esteves, and Senator Frank Aguon also attend the briefing, where they asked representatives from Government of Guam agencies to provide updates on the impacts to the limestone forests and historic properties with the proposed construction of the LFTRC.

The military’s 2010 Record of Decision clearly states that the relocation of marines to Guam is contingent on the establishment of a live-fire training range on Guam. However, more recently the military has announced that the relocation is also dependent on the establishment of live-fire ranges on Tinian and a bombing range on Pagan. In a pending lawsuit in the CNMI district court, EarthJustice has argued that the environmental impact statement conducted for the relocation of marines necessarily should have included the assessment of the Tinian and Pagan live-fire ranges, and thus must be redone. The marines are not scheduled to move to Guam until 2020. Vice Speaker Terlaje is adamant that the clearing of the limestone forest and impacts to Ritidian and other historic sites should not proceed until the court case is decided.

Guam’s State Historic Preservation Officer, Lynda Aguon provided significant findings, pointing out that her office previously indicated the Northwest Field as the least favored alternative for the LFTRC, given the location had multiple historical sites that would be directly and indirectly adversely impacted. SHPO Aguon clearly stated that 269 historical properties were counted and recorded, and of those sites, 63 were determined eligible for listing on the National Registry of Historic Places. SHPO Aguon informed senators that she would be working with the Governor’s office to submit a letter the Advisory Council on Historic Preservation to seek a comprehensive re-evaluation of the culturally significant settlement site at Ritidian and the impacts of the Surface Danger Zone.

“There are adverse effects happening, which is why we have found sites – 269 sites, not to mention 4 burials that were in place, burials that were there, and probably one that has been reburied. There is a latte set that has a lot of lusongs. You can posit from that, it is a big latte settlement. And going further, in receiving all of these reports (thousands of pages), it is only appropriate that they need to stop, pause everything, do the re-evaluation and get all their reports in order. The state archaeologist is frustrated because these reports are coming in from different writers and they are not syncing, so in consultation we will prepare that letter to the Advisory Council… They may have awarded the contract, but they still have to complete the section 106 process. They can probably begin to develop their design plans, but cannot do any construction activities until the 106 process is cleared, which will be clarified by the Advisory Council,” SHPO Aguon stated, further indicating that direct and indirect adverse impacts would impact areas of Litekyan, Pahon, Jinapsan, Urunao, and Haputo.

In response to the military’s proposed mitigation for the loss of limestone forest species, Tino Aguon of the Department of Agriculture stressed,

“Re-creation is a long process. You can mimic what nature has done, but we have to understand it took nature millions of years to do something that we want to do in a field, so that is a fairly difficult process or something difficult to achieve.”

Other concerns about the loss of access to important fishing areas and the contamination of Guam’s sole water source, the Northern Lens Aquifer, were also discussed. Manny Duenas, of the Guam Fishermen’s Coop testified that the live-fire training range at Ritidian would spoil important fishing areas and prevent access to local fishermen.

“They are going to take 15 square miles of our ocean at Ritidian Point, some of our most pristine waters, and they are going to fire 40 pounds of lead into the water. That’s water quality? Who is going to go out three miles and check?… I promise the military we are going to have 50 to 100 boats parked at Ritidian when these guys start shooting their weapons, until they start mitigating,” Duenas said.

Visiting scholar Rebekah Garrison described the lingering environmental contamination that plagues Vieques, Puerto Rico and Koho’olawe, Hawaii, despite the community actions that successfully ended bombing and other military exercises over 20 years ago. Garrison stated,

“Vieques continues to suffer a 25% higher cancer rate than Puerto Rico… In Koho’olawe, decades worth of bombs lodged into reefs, rocks, and underwater sands remain, leaking into the ocean. Koho’olawe and much of Vieques remain unsafe for human habitation and unfortunately both islands are great examples as to why Litekyan should not be turned into a live-fire training range. You have the power of keeping Litekyan from becoming the next Koho’olawe and Vieques.”

Sinajana resident John Dungca cited the Inifresi and the pledge to protect the land and water of the Chamorro people. He expressed his concerns about Guam’s primary fresh water source,

“When that facility becomes operational, it will be consuming 2 million gallons of water a day… I have questions that haven’t been answered to determine if this is good for Guam… Will the military be a good partner in being good stewards with the Guam Waterworks authority to protect this resource that is our northern aquifer?”

Several representatives of the Ritidian/Litekyan families shared powerful stories of pain and loss over the past several decades. Original landowners from Tiyan and Urunao, and members from Prutehi Litekyan also joined them in solidarity. Cathy Flores McCollum recalled how the Ritidian/Litekyan property was taken from her family by force and without just compensation by the Department of Defense. Decades later, Ritidian was deemed excess property to be returned, however her family and the rest of Guam were forced to witness Congress transfer their property to the U.S. Fish and Wildlife Service. McCollum said many of the Ritidian families are moved by ongoing community efforts to fight this injustice.

“Instead of mitigation, we just want this to stop and we want our Governor, our leader of Guam, to help us get our lands back. That’s the bottom line… No, the military is not a great steward to our lands… Our family has been waiting patiently for the return of our property. Correct the injustices that have and will continue to take place. Let us take care of Ritidian. Let us be the people who will protect our lands from destruction, show our natural resources, and welcome family and friends – friends who respect and love Ritidian and will fight to the bitter end,” McCollum stated.

Another Ritidian descendant Lou Flores Bejado also added:

“Litekyan is not just a piece of property – it is our life, our beautiful history, and a way for us to connect with our ancestors. Our ancestors were also buried there before the war… such sacred grounds. Our nephew Rain Flores San Nicolas drowned at Litekyan saving his cousin’s life a few years back. So to think of bullets going into that part of the ocean, makes our stomachs turn and our hearts ache in pain. Those are sacred waters too… There are so many arguments as to why Litekyan should be put off as a firing range. The marines are not expected until 8 years from now. Why are they starting this early? We need to delay the buildup and come back to the drawing board and find what is mutually beneficial for all. If the military wants to be good partners in the community, they need to listen to us to avoid any undue stress or unrest as a people… Many have told me that if this was their land, they to would fight. I know that if this was your family’s land, or if it was land belonging to Governor Calvo’s family, we would not be here today, and rightly so, we would be behind them as well.”

Vice Speaker Terlaje hopes that Governor Calvo will use his authority and influence to put the clearing of the limestone forest adjacent to Ritidian on hold. She recalled many of the protests that have taken place within the last decade to defend against federal control of Ritidian, and how thousands of residents spoke out during the EIS and SEIS commenting periods to criticize the construction of live-fire ranges adjacent to ancient villages.

“There is no dispute after the recent reports from the SHPO and the 2017 Biological Opinion, of the devastating impacts of the live-fire training range if it is placed at Northwest Field above Ritidian. It is not too late. It is going to take all of us to work together,” Terlaje stated.

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For more information, please call the
Office of Vice Speaker Therese M. Terlaje at (671) 472-3586

Vice Speaker Therese Terlaje Urges Governor Calvo to Consider Critical Issues with the Proposed Construction of the Live-Fire Training Range Complex at Northwest Field

FOR IMMEDIATE NEWS RELEASE (September 6, 2017 – Hagåtña) – Vice Speaker Therese M. Terlaje (D-Yoña), Chairperson for the Committee on Culture and Justice, submitted a letter to Governor Eddie Baza Calvo yesterday, urging him to consider the irreversible impacts to historic sites, the environment, and ancestral lands with the clearing of limestone forests in Finegayan and Northwest Field for construction of the cantonment and Live-Fire Training Range Complex. Vice Speaker wrote with great concern about the preservation of primary limestone forest, ancient villages, cultural resources, and the continuing struggles for original landowners. In her letter, Vice Speaker Terlaje asked the Governor to consider the following:
– That promises in the Programmatic Agreement have not been kept by the military
– That the discovery of additional historic properties at Northwest Field may require reconsideration
– That the CNMI pending lawsuit may directly impact these firing ranges
– That the planned destruction of 187 acres of limestone forest at Northwest Field and the clearing of 683 acres of limestone forest in Finegayan are irreversible
– That Guam has a longstanding policy to defend Ritidian from federal control
– That the relocation will not begin until 2020

“Certainly the destruction of our limestone forest and wildlife refuge can be put on hold temporarily, while the leaders of Guam work cohesively with government agency leaders and the people of Guam to ensure the preservation of our ancient villages and pristine resource,” Vice Speaker Terlaje wrote.

Vice Speaker Terlaje also humbly requested that these issues regarding Ritidian be addressed in the Governor’s discussions in Washington D.C., together with the economic impacts of the denial of H-2B visas and the payment of War Claims out of Section 30 funds owed to Guam. Vice Speaker Terlaje further stated, “Settlement should include justice for the original landowners, preservation of historic sites, and protection of our limestone forests.”

The letter, which was also copied to Congresswoman Madeleine Bordallo, included maps of the proposed Surface Danger Zone at Ritidian/Litekyan and potential impacts, a copy of a complaint filed by the Tinian Women’s Association against the U.S. Navy, and the public notice for the September 7, 2017 Informational Briefing with Original Landowners at the Guam Congressional Building’s Public Hearing Room.

For more information, please refer to the attached letter from Vice Speaker Terlaje to Governor Calvo, along with the included attachments.

For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.

Read Vice Speaker Terlaje’s Letter to the Governor here:
Ltr_Gov_Urgent Issues LFTRC_F

Review the CNMI Complaint here:
CNMI Complaint

Review the Public Notice here:
Public Notice Sept. 7th. 2017 Info Briefing with Original Landowners

Informational Briefing to Focus on Litekyan (Ritidian) Landowners, and Historical, Cultural and Environmental Issues

The Committee on Culture and Justice will convene an informational briefing on Thursday, September 7, 2017 at 4 p.m. at the Guam Legislature Public Hearing Room, at the Guam Congress Building in Hagåtña.

The intent of the informational briefing is to receive reports of the status and the historical, cultural, and environmental impacts of the Live-Fire Training Range Complex, and the potential implications for the original landowners of Ritidian/Litekyan and the surrounding areas.

Agenda items include:
*Reports from government agencies: Guam State Historic Preservation Office, Guam Department of Agriculture, Guam Coastal Management Program, Governor’s Military Buildup Office
*Testimony from Guam Fishermen’s Coop Association
*Testimony from Original Ritidian/Litekyan Landowners

Background on Ritidian/Litekyan homelands:
– After World War II, the U.S. military condemned via eminent domain, privately held lands from families in Ritidian/Litekyan and the surrounding areas. Families were forced to relocate despite objections and without just compensation. Ritidian was established as a military area that restricted civilian access.

– After decades, the military deemed the Ritidian lands “excess”, however, the return of the excess lands to the government of Guam was thwarted by the U.S. Congress’ transfer of those lands to the U.S. Fish and Wildlife Service in 2000. Ritidian lands have since been held in trust by the USFWS and used as a wildlife refuge and cultural center.

The 22nd, 23rd, and 30th Guam Legislatures enacted:
– PL 22-63, declaring that no wildlife refuge be established in Guam unless approved and enacted under Guam law

– PL 22-111 challenged the designation of the Ritidian lands as a Critical Habitat or Wildlife Refuge.

– PL 23-24 signed by acting Governor Madeleine Z. Bordallo, prohibited the Government of Guam from entering into any cooperative agreement with any U.S. federal government agency in regard to the Wildlife Refuge at Ritidian. The law stated, “it is the policy of the government of Guam to seek the termination of federal ownership of real property in Northern Guam commonly known as the “Wildlife Refuge” and to seek the transfer of those lands from the control of the U.S. Department of Interior’s Fish and Wildlife Service to local authority for whatever purposes deemed appropriate by local authority, including the possible return to original land owners.”

– Resolution 258-30 opposing land condemnation by the federal government for the purposes of the training ranges, reminding Congress that “the final insult to the people of Guam came when the 385 acres of the former Naval Facility, Guam at Ritidian Point was declared excess in the 1990’s and was grabbed quietly, without fanfare or advance notice by the U.S. Fish and Wildlife Service rather than being returned to the original land owners via the Government of Guam.”

Contrary to past Guam Legislative efforts to support the Ritidian homelands, in December 2014,Congress enacted H.R. 4402, allowing DoD use of Ritidian as a Surface Danger Zone for its Live-Fire Training Ranges.

The informational briefing will broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4 and stream online via I Liheslaturan Guåhan’s live feed. If written testimonies are to be presented at the informational briefing, the Committee requests that copies be submitted prior to the informational briefing date and should be addressed to Vice Speaker Therese M. Terlaje. Testimonies may be submitted via hand delivery to the Office of Vice Speaker Therese M. Terlaje at the Guam Congress Building, 163 Chalan Santo Papa, Hagåtña, Guam; at the Protocol Office of the Guam Congress Building, 163 Chalan Santo Papa, Hagåtña, Guam 96910; or via email to senatorterlajeguam@gmail.com. In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Vice Speaker Therese M. Terlaje, 163 Chalan Santo Papa, at (671) 472-3586 or by sending an email to senatorterlajeguam@gmail.com.

We look forward to your attendance and participation.
Si Yu’os Ma’åse.