Overwhelming Support for Bill No. 419-35 to Expand Chamorro Land Trust Program; Additional Virtual Public Hearing Scheduled for November 9th

FOR IMMEDIATE NEWS RELEASE (November 5, 2020- Hagåtña, Guam) 

On Thursday, Bill No. 419-35, introduced by Senator Therese Terlaje, Chair for the Committee on Land, was heard publicly during a Committee virtual hearing.  Bill No. 419-35, is an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.

CLTC Commissioner Arlene Bordallo, former CLTC Chairman Pika Fejeran, CLTC Administrative Director Jack Hattig, Deputy Attorney General James Canto, and Attorney Michael Phillips provided testimony in strong support of Bill No. 419-35.

The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.

“It [Bill No. 419-35] lifts the cloud that I believe has muddled the general public’s understanding of the Chamorro Land Trust Program.  When I joined the Commission in 2016, even up to today, there are a lot of people in the general public that don’t understand that the CLTC program is not a discriminatory program.  It really is a compensatory program that is meant to rectify the wrongs done in the past.” stated Pika Ferejan during the public hearing. 

Fejeran went on to state, “I urge all of the senators to please support this bill as it is written.  The settlement agreement that we agreed to, all of the points are in this bill.  It more clearly defines the program as a land restoration program.  It also expands eligibility for our program to more accurately find and provide land to all of those that were affected by the land takings, and it also provides a compassionate measure in certain instances for life estates for spouses of eligible lessees. I also appreciate language in the bill that plainly states that the bill and the settlement does not absolve the U.S. from returning or restoring other lands to the people of Guam.”

Director Hattig registered his support at the hearing by stating, “There are three key aspects of the legislation that are of great benefit to the Trust beneficiaries: 1) it preserves the program in its entirety after many years of hard fought legal challenges from its implementation to its fundamental eligibility requirements in such a way that no current leaseholder will be adversely affected, 2) it clearly restates the eligibility requirements that are not discriminatory, and 3) it further expands said eligibility to persons who farmed, ranched or otherwise occupied land and their descendants. So I urge the Legislature to please support this very important piece of legislation as we will finally move forward with the Land Trust mission.”

Deputy Attorney General Canto stated, “While we do defer to this body on public policy decisions affecting the Chamorro Land Trust Act and the Chamorro Land Trust Commission, we offer our wholehearted support for Bill No. 419, as introduced, to the extent that it includes the required amendments, and therefore meets the terms agreed to by our clients and the other parties of the settlement agreement.”

Attorney Michael Phillips, who was instrumental in enlightening the federal court and Department of Justice of the Guam story regarding land takings during settlement agreement negotiations, provided history and background on the Chamorro Land Trust Act.  In his testimony of support of Bill No. 419-35 he said, “My intent is to ensure that if your kids or their kids ever have to tell the Guam story again, that we have it somewhere because that’s really what we were missing here.” Phillips ended his testimony by further stating, “This is historic and it’s a really good day for the people of Guam.”

“I am grateful for everyone who has preserved the Chamorro Land Trust program for us, who never stopped fighting for, protecting, and expanding the potential of this land and its precious resources.  This bill recognizes the land use history of the people of Guam and will expand residential and agricultural leases to those individuals and their descendants whose use of land on Guam was disrupted due to land takings.  I am very honored to be part of ensuring that the original intent of the Chamorro Land Trust Act is protected,” stated Senator Therese Terlaje.

Another virtual public hearing on Bill No. 419-35 is scheduled for November 9th at 5:00 p.m. to solicit more input from the community.  Senator Terlaje is inviting all members of the community to provide oral or written testimony.  You may register with the Office of Senator Therese Terlaje for the November 9th virtual public hearing by emailing senatorterlajeguam@gmail.com or calling 472-3586.

To view the full public hearing, please see video below: