Statement from Legislative Committee on Culture and Justice on the bulldozing of Magua’, Ancient Chamorro Settlement Area

FOR IMMEDIATE NEWS RELEASE (October 30, 2018 – Hagåtña) – Today, the Guam State Historic Preservation Officer (SHPO) confirmed that Magua’, an ancient Chamorro settlement area, had been cleared of latte, artifiacts, and other cultural evidence, and then bulldozed. This clearing and grading was in direct contravention of discussions at the Programmatic Agreement Annual Meeting with signatories in April 2018, wherein the Guam Preservation Trust and the SHPO reiterated their written and verbal efforts to ensure this particular culturally significant site be preserved in place, amongst the numerous sites being cleared for the cantonment projects/Marine base at Finegayan.

With recent base access restrictions, the U.S. has made it almost impossible for the public to enjoy and the SHPO to monitor the disturbance of culturally significant areas behind the fencelines, and DOD insists that removing and relocating every last trace of Chamorro life in this area is “mitigation” and culturally responsible action.

Post WWII, the US military took more than 1/3 of our lands, and bulldozed ancient Chamorro villages including Ritidian, Sumay, NCS/Finegayan, Tarague, and Tumon. It is unconscionable that even now, 70 years after WWII and in contravention of International Law, this continued blatant disregard and erasure of the culture, resources, and 4000 year history of the indigenous Chamorro people persists.

I am again calling on the Governor to use all resources available to stop any further destruction of our ancient villages and cultural sites. I reiterate the concerns in my letter to the Governor in May 2018, attached, echoing those raised by our State Historic Preservation Officer and Guam Preservation Trust.

With every loss of our unique cultural sites, we rob future generations of their legacy and identity, and we fail our ancestors.

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

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Photo of Magua’ area courtesy of Dave Lotz

Photo of Magua’ area courtesy of Dave Lotz

Click on the links below to view Senator Terlaje’s letter to the Governor and attached documents:

October 30, 2018 Senator Terlaje Letter to Governor_Magua’

1. May 24, 2018 Senator Terlaje Letter to Gov_PA Workshop and Issues

2. SHPO Ltr to Admiral Chatfield re. to continue consultation 2303

3. GPT Site Summary

4. Executive Summary Memorandum, Department of the Navy, April 16, 2018

5. SHPO Letter to Signatories Regarding Stipulation XIII Resolving Objections, May 24, 2018 with attachments

6. SHPO letter to ACHP, September 26, 2017

7. ACHP response to SHPO, October 13, 2017

8. Letter from Vice Speaker Terlaje to the Governor, September 5, 2017

9. Factsheet for Letter to the Governor, September 5, 2017

10. Annual Workshop Minutes for CY2016, April 27, 2017

11. PA Memo for Project J-755, February 2018

Committee on Environment to conduct Oversight Hearing on October 31, 2018 at 3:00pm on Agent Orange

The Committee on Environment will conduct an Oversight Hearing on October 31, 2018 at 3:00pm. The Committee will review the following issues:

Agent Orange Testing

1. Request for Quality Assurance Project Plan for testing conducted on AAFB.

2. Documents or test results in GEPA possession that may indicate the presence of TCDD or Polychlorinated Dibenzo-P-Dioxins in water or land in Guam.

3. GEPA recommendations for testing of un-remediated areas.

4. Details of plan to test for Agent Orange outside of military bases.

Uncovered dumpsite near San Carlos Falls

1. Findings to date and mitigation plans.

The Committee request that all documentation be provided 3 days prior to the Oversight Hearing. Thank you for your attention to this matter. Please contact my office at 473-3301, should you have any questions or concerns regarding this matter.

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.
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Listen to Senator Therese Terlaje discuss Agent Orange use on Guam with K57 host Andrea Pellacani:October 23, 2018 K57 interview

Statement from Acting Speaker Terlaje on the Passing of Master Sergeant Leroy Foster

FOR IMMEDIATE NEWS RELEASE (October 20, 2018 – Hagåtña)

I am deeply saddened to hear of the passing of Master Sergeant Leroy Foster yesterday evening. Master Sgt. Foster’s relentless fight to expose the truth of Agent Orange use on Guam and obtain justice for his fellow Veterans and the people of Guam, was instrumental to the introduction of H.R. 809- The FOSTER (Fighting for Orange-Stricken Territories in Eastern Regions) Act, named in his honor by Representative Dennis A. Ross, R-Florida.

Master Sgt. Foster served at Andersen Air Force base in Guam during the Vietnam War, where he says he sprayed tens of thousands of gallons of Agent Orange in and around the base and along the fuel lines that run through the island from the Navy’s Sasa Valley Fuel Farm to Anderson Air Force Base. He was later diagnosed with five (5) different cancers and twenty-eight (28) autoimmune diseases that he attributes to his exposure to Agent Orange while stationed on Guam.

H.R. 809-The FOSTER Act would allow eligible Veterans who served in Guam, the Northern Marianas and American Samoa during the Vietnam War to receive expedited consideration for Department of Veterans Affairs benefits if they suffer from diseases the U.S. government has linked to the herbicide Agent Orange.

We owe him a great debt of gratitude for his courage to speak the truth and pave the way to achieving justice for our Veterans and our people. I send my deepest condolences to the Foster family during this very difficult time.

Terlaje objects to potential change in Guam’s open government law

See the October 2, 2018 article in the Pacific Daily News regarding the debate on Bill No. 292-34 (COR) at the link below:

https://www.guampdn.com/story/news/2018/10/02/lawmakers-could-change-guams-open-government-law/1494335002/

Terlaje, during debate, said the open government law was written to benefit the public, and not for the convenience of government board members.

“We’ve had lawsuits over whether these agencies complied with the open government law,” Terlaje said, and a uniform open government law, which applies the same rules to all agencies, was necessary to avoid more lawsuits.

Allowing boards and commissions to independently develop rules for public meetings involving video conferencing is a huge departure from the principle of open government, she said.

Acting Speaker Terlaje congratulates the Office of the Attorney General and AG Elizabeth Barrett Anderson in an important victory towards justice against environmental contamination

FOR IMMEDIATE NEWS RELEASE (October 1, 2018 – Hagåtña)– Acting Speaker Therese Terlaje congratulates the Office of the Attorney General and AG Elizabeth Barrett Anderson on the win against the Department of the Navy’s motion to dismiss, in a lawsuit the Attorney General brought on behalf of the Government of Guam against the US Department of the Navy seeking to declare the Navy liable for environmental response costs incurred by the Government of Guam in closing Ordot Dump, and for future environmental related costs. In an Order dated September 30, 2018, Judge Ketanji Brown Jackson denied the Navy’s motion to dismiss.

“This is a great victory for the people of Guam and allows us an excellent and most significant avenue to proceed in our longstanding quest for justice against environmental contamination,” Terlaje stated.

The complaint was brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, also known as CERCLA, a federal statute, which makes a “potential responsible party” liable for remedial action. In 1988 the USEPA determined that the Navy is a potential responsible party for the contamination found in Ordot Dump. The Navy owned and operated Ordot Dump before and after WWII.

For more information regarding the CERCLA case see: https://pacificnewscenter.com/guam-ags-office-one-step-closer-in-implicating-us-navy-over-ordot-dump/

A STATEMENT FROM ACTING SPEAKER THERESE M. TERLAJE REGARDING BJC RESIGNATION

(September 14, 2018 – Hagåtña) We are very sad to see Speaker BJ Cruz leave the Legislative Branch and thank him for his tremendous service to our people. During his work as a lawmaker over the years, Speaker Cruz led with a rare combination of vision, courage and compassion. We look forward to great things for our island community as he continues his service to our people as the newly elected Public Auditor of Guam.

During this transition, and in the three-and-a-half months remaining, we must continue to work hard and work together in the Legislature for the benefit of the people of Guam. I am committed to doing my best in whatever capacity that is necessary and to be forthright about what we are facing going forward.

In the interim as Acting Speaker, I kindly ask that all official messages for the Speaker or the Legislature be transmitted to my office at the Guam Congress Building to ensure the appropriate distribution of information to all senators and the public.

Mandated electronic transmittals of reports or official messages and communications should be sent to speaker@guamlegislature.org. Unless otherwise directed by the Acting Speaker, all official messages, reports, or other documents received at this email address for the Speaker or the Guam Legislature will be posted on the Guam Legislature website under Messages and Communication. (http://www.guamlegislature.com/34th_mess_comms.htm)

All electronic communication intended for the senatorial office of Senator Therese Terlaje or the Committee on Culture and Justice should be sent to senatorterlajeguam@gmail.com.

My office is located at Guam Congress Building, 163 Chalan Santo Papa, Hagåtña, Guam 96910. Please do not hesitate to call (671) 472-3586 if any questions or concerns.

TERLAJE INTRODUCES BILL TO LIMIT TERMS FOR MEMBERS OF BOARDS AND COMMISSIONS AND HEADS OF EXECUTIVE BRANCH AGENCIES

FOR IMMEDIATE NEWS RELEASE (September 7, 2018– Hagåtña)– Today Vice Speaker Therese M. Terlaje introduced Bill No. 345-34 (COR) to limit the terms of members of boards, commissions, heads of executive branch agencies and instrumentalities and public corporations to two years, in order to promote greater accountability in government.

Executive Branch agency heads and board and commission members are appointed for terms between three and six years. These lengthy terms represented an attempt to remove political pressure from the boards and commissions and directors, but have in fact insulated some agency heads, especially in autonomous agencies, from public scrutiny.

Per the Competitive Wage Act of 2014, most directors receive a minimum of $90,000 a year. Yet, acquiring pertinent and timely information from agencies is difficult, with senators resorting to FOIA requests for information that should be made readily available.

“Limiting terms to two years will require more frequent confirmation hearings on appointments to these positions of public trust, significantly increasing the opportunity for the public to comment on the performance of public servants and for legislative oversight to take place,” stated Vice Speaker Terlaje.

TRANSCRIPT OF OPENING STATEMENT BY ACTING SPEAKER THERESE – Special Session, March 3, 2018

Acting Speaker Therese Terlaje (March 3,2018 – Hagåtña):

“To be sure that everyone is clear,

We were called into session by the Governor on March 2 at 1 p.m. pursuant to a message, whereby he revoked his call to session on Bill 1(5-S) and further called the Legislature into session on the revised version of Bill 245 before us today, which has been marked Bill 1(6-S).
I shared with each of you the opinion from our Legislative Bureau on Friday, yesterday that the Governor was without authority to revoke his call to any session once it has convened or to call another special session throughout the duration of an existing special session. I continue to find this opinion valid in light of the analysis and caselaw provided by the Legal Bureau. However, without waiving the Legislature’s right to challenge the actions of the Governor, we will proceed for this special session in conformance with the Attorney General’s opinion that the Governor’s call is valid.

I would additionally like to reiterate the prior actions by the Legislative Body in regards to the three earlier special sessions called by the Governor this week. Bills 248-34 (LS) and 249-34 (LS), both relative to establishing a sales tax, were referred to committee and have been set for a public hearing on Thursday, March 8th at 9 am. Bill 1(5-S) was also relative to a sales tax and set for public hearing on Friday.

I just want to my colleagues for your attendance and your reply to the call to session tonight.”

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

03.03.18 Acting Speaker Terlaje TRANSCRIPT