Guam Legislature supports the Native Pacific Islanders of America Equity Act

FOR IMMEDIATE RELEASE (February 1, 2022—Hagåtña, Guam)

Speaker Therese Terlaje and her colleagues introduced Resolution No. 260-36 (COR) in support of H.R. 6504 – the Native Pacific Islanders of America Equity Act which seeks to include Native CHamoru businesses and Native Northern Marianas businesses in federal programs that provide contracting opportunities, training, and technical assistance through the Small Business Administration. 

Speaker Terlaje stated, “The federal programs cited in H.R. 6504 are meant to assist communities and groups who have been socially and economically disadvantaged especially when competing for federal contracts. Inclusion of CHamoru businesses here on Guam and in the CNMI into these federal programs can potentially bring millions of dollars to our island for our entire community’s benefit.  I want to thank Congressman San Nicolas and Congressman Sablan for introducing the bill, and all of the co-sponsors of Resolution No. 260-36 for uniting to increase economic opportunities for our people.”

The 8(a) Business Development Program administered by the Small Business Administration, commonly known

as the 8(a) Program is designed to assist small minority-owned businesses compete in the wider American economy. One of the program’s major benefits is that 8(a) firms can receive federal contracting preferences in the form of set-aside and sole-source awards. The 8(a) Program is limited to eligible businesses unconditionally owned and controlled by one or more socially and economically disadvantaged groups. Congress expanded the program in the 1980’s to include small businesses owned by four disadvantaged groups, specifically Alaska Native Corporations (ANCs), Community Development Corporations (CDCs), Indian tribes, and Native Hawaiian Organizations (NHOs). 

H.R. 6504 was introduced on January 25, 2022 by Congressman Michael San Nicolas and co-sponsored by Congressman Gregorio “Kilili” Camacho Sablan.  If passed by Congress, H.R. 6504 would give eligible Native CHamoru and Native Northern Marianas organizations access to federal contracting opportunities through their participation in certain small business programs.  

All senators of the 36th Guam Legislature sponsored the resolution except Senator Telena Nelson who is currently on military leave.

A public hearing on Resolution No. 260-36 (COR) will be held on February 10, 2022 at 10:00 a.m.  Public notice will be provided in accordance with the Open Government Law.  Please contact our office at (671) 472-3586 or email senatorterlajeguam@gmail.com to provide testimony on the resolution or for more information. 

Speaker Therese Terlaje Advances Efforts Toward Affordable Homes on CLTC Land

FOR IMMEDIATE RELEASE (January 28, 2022 – Hagåtña, Guam)– With laser focused commitment to advancing the CHamoru Land Trust program, Speaker Therese Terlaje garnered a 13-0 vote in favor of the passage of Bill 229-36 (LS).  The measure would establish rules and regulations for the CLTC in compliance with its settlement agreement with the U.S. government.  The agreement expanded the eligibility of the program to those who had lands taken by the federal government where they had once lived, occupied, ranched or farmed.  The subsequent public law approving the settlement clearly demonstrates that the CHamoru Land Trust is a land restoration program.  Moving forward, all leases issued will now need to comply with the settlement agreement, Public Law 35-112, and the proposed rules & regulations, pending a signature by the Governor.

Despite decades of setbacks toward the issuance of residential and agricultural leases, the Speaker, who also Chairs the legislature’s Committee on Land, has stayed the course in prioritizing the mission of the CLTC with a concerted effort stating, “We know the applicants who had suffered land takings need this land to build homes for their families and give them a safe place to live.  These are people who have waited for decades, and now their children are looking to us to help them get leases so they can build their homes. We must work hard as a government to restore trust and efficiency to this program that is very much needed.”

In addition to the passage of this measure, Speaker Therese Terlaje has also exercised her oversight to align the mission of the CLTC with its current priorities by requesting that property be identified for lease and development, securing resources for staff, setting a new standard for the lease of submerged lands under its authority, and passing a resolution in support of prioritizing $25 million in American Rescue Plan funding for infrastructure for housing developments.

“The history of this program is remarkable, and the recent passage of the recent law and new rules reflect the determination and grit of the Senators of the 12th Guam Legislature and those who came after them.  Their vision and boldness to go beyond convention is what will keep me optimistic and committed to getting leases out to the beneficiaries of the program so that many will have the opportunity to have a place they can call home,” stated the Speaker.

Bill 229-36 (LS) is in being prepared for transmittal to Adelup for signature.

PUBLIC NOTICE FOR JANUARY 21ST SESSION

January 13, 2022

MEMORANDUM

To:                  All Senators

From:              Speaker Therese M. Terlaje

Subject:          First Notice – Call to Session – Friday, January 21, 2022 at 9:00 a.m.

Håfa Adai,

I Liheslaturan Guåhan will be called into Session on Friday, January 21, 2022 at 9:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building. 

The placement of bills, resolutions, and appointments on the session agenda will be pursuant to our standing rules. A copy of the session agenda and potential items to be placed on the session agenda can be found below:

The session will be broadcast on GTA Channel 21, Docomo Channel 117 or 112-4 and at http://www.guamlegislature.com/live_feed.htm. A recording of the session will be available online via Guam Legislature Media on YouTube after the session. Please email senatorterlajeguam@gmail.com or call 472-3586, if you require any special accommodations or further information.

Due to the current public health emergency, all persons attending Session will be required to wear masks and to observe social distancing protocols.

Si Yu′os ma′åse′.

RECA bill moved to House floor marks milestone for Guam radiation victims

FOR IMMEDIATE RELEASE (Hagåtña, Guam – December 9, 2021) – A huge milestone in the decades-long fight for justice for Guam radiation survivors took place this week in the U.S. House of Representatives. H.R. 5338, or the “Radiation Exposure Compensation Act Amendments of 2021,” has been moved to the House floor for voting.

Speaker Therese Terlaje stated, “Guam is another step closer to receiving just compensation for radiation exposure as a result of nuclear fallout during atmospheric testing in the Marshall Islands.  Many in our community have been waiting decades for this recognition and compensation, some passing away before they could see this mark-up. I would like to congratulate and commend Robert Celestial and the Pacific Association for Radiation Survivors for their leadership, tireless efforts and advocacy which have ensured Guam is not forgotten in these RECA Amendments.” 

On Thursday, December 9, 2021, while island residents were asleep in Guam, the U.S. House Committee on Judiciary held a mark-up meeting on H.R. 5338 to decide if it should be moved out of committee. In this mark-up meeting, Chairperson Jerrold Nadler (D-NY-10), Vice Chairperson Madeleine Dean (D-PA-4), Ranking Member Jim Jordan (R-OH-4), and the remaining 41 committee members reviewed the bill, made one amendment to it to include more compensable cancers for uranium miners, and voted to report bill H.R. 5338, as amended, favorably to the House. The motion to report the amended bill favorably to the House received 25 yes and 8 no votes.

In preparation for the committee’s mark-up meeting, Speaker Terlaje submitted a letter and packet in support of H.R. 5338. In her letter sent to the committee’s Chairperson, Vice Chairperson, and Ranking Member, Speaker Terlaje stated her support for the passage of H.R. 5338, as introduced and thanked the committee for their swift action on the bill, saying that it “demonstrates real progress for this matter.”

The submitted packet included the Adopted version of Resolution 178-36 (LS), which supports the passage of H.R. 5338 and was co-sponsored and passed by all Senators in the 36th Guam Legislature on Monday, December 6, 2021; a copy of the transcription from the public hearing on Resolution 178-36 (LS) held on Wednesday, November 3, 2021; and over 45 testimonies submitted by members of the Pacific Association for Radiation Survivors and the public. 

You can watch the US House Committee on Judiciary mark-up discussion for H.R. 5388 here.

You can access the packet Speaker Terlaje sent to the US House Committee on Judiciary here. 

PUBLIC NOTICE FOR NOVEMBER 29TH SESSION

I Liheslaturan Guåhan will be called into Session on Monday, November 29, 2021 at 9:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building. 

The placement of bills, resolutions, and appointments on the session agenda will be pursuant to our standing rules. A copy of the session agenda and potential items to be placed on the session agenda can be found below:

The session will be broadcast on GTA Channel 21, Docomo Channel 117 or 112-4 and at http://www.guamlegislature.com/live_feed.htm. A recording of the session will be available online via Guam Legislature Media on YouTube after the session. Please email senatorterlajeguam@gmail.com or call 472-3586, if you require any special accommodations or further information.

Due to the current public health emergency, all persons attending Session will be required to wear masks and to observe social distancing protocols.

Si Yu′os ma′åse′.

GALC, DLM oversight to receive updates on notifications of ancestral landowners, among other items

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. 

Speaker Terlaje and the Guam Legislature offer condolences to family and friends of the Late Judge Richard Hugh Benson

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.” 

Agenda for November 18, 2021 Oversight Hearing on Guam Ancestral Land Commission and Department of Land Management

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.

House bills will federally recognize Guam’s Agent Orange exposure

FOR IMMEDIATE RELEASE (November 5, 2021 – Hagåtña, Guam) – Two resolutions were introduced into the 36th 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 36th 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 117th 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 35th Guam Legislature unanimously passed Resolution 71-35 supporting an Act like H.R. 3368 that was also introduced by Delegate San Nicolas into the 116th 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. 

Public Shares Personal Stories in Support of RECA Bills

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