Senator Terlaje submits comment regarding the establishment of a danger zone for the Live Fire Training Range Complex at Northwest Field

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.

To see the proposed rule of the Engineers Corps, download here:Download

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

Bill to Advance Chamorro Land Trust Program Reaches Voting File

FOR IMMEDIATE RELEASE (November 23, 2020 – Hagåtña, Guam) – Senator Therese Terlaje, Chair for the Committee on Health, Tourism, Historic Preservation, Land and Justice, with the support of her colleagues in the 36th Guam Legislature, successfully moved to the voting file Bill No. 419-35, As Substituted by Committee and further substituted on the floor, AN ACT TO ADD A NEW CHAPTER 75A AND TO AMEND § 75109(a) OF CHAPTER 75, BOTH OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO PRESERVING THE LAND RESTORATION AND JUSTICE MISSION OF THE CHAMORU LAND TRUST.

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.

Senator Terlaje thanked the many people who fought tirelessly to preserve the Chamorro Land Trust program including the late Senator Paul Bordallo, Senator Dick Taitano, Senator Angel Santos and Ed Benevente.  She also recognized the recent work of those who represented the best interests for the people of Guam during the settlement agreement which included former Chairperson of the Chamorro Land Trust Commission, Pika Fejeran, former Deputy Attorney Ken Orcutt, Attorney Mike Phillips, Deputy Attorney James Canto, among others.

Terlaje closed discussion on the session floor stating, “I am honored to be part of ensuring the history of the Chamorro Land Trust Act and its original intent to provide justice to those whose land was taken. As I said at the hearings on these bills, we have seen firsthand the impact of the massive land takings on Guam’s families.  Too many of our families live in poverty and decades later, without a stable place to live, and their ability to use the land to provide for their families is severely disrupted. It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations.

It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and to make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations as intended, so that we may truly remedy the long-term injustice of these massive land takings.”

The Oversight Chair thanks her colleagues in the 36th Guam Legislature for moving the measure forward and their words of support during today’s discussion on the bill.

Bill 419-35 is in the Third Reading File pending a vote at the close of session.

To read a copy of Bill No. 419-35 click here:Download

To see the full discussion on Bill No. 419-35 during session, please see the video below:

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:

Senator Therese Terlaje seeks further input on three of the four bills requested by the Judiciary

FOR IMMEDIATE NEWS RELEASE (October 28, 2020 – Hagåtña, Guam) 

The Committee on Health, Tourism, Historic Preservation, Land and Justice held a public hearing today on a series of four bills that were introduced by Senator Therese Terlaje at the request of the Judiciary as a means to address the backlog of cases in the courts due to the public health emergency and pandemic.  The language and proposed amendments to statutes in Bills 408-35, 409-35, 410-35, and 411-35 were adopted by the Judicial Council of Guam in August of this year and the draft bills were sent to the Legislature on September 23rd.

“In an effort to assist the Judiciary in alleviating its backlog of cases, I introduced these bills with the exact same language as proposed by the Judicial Council and Chief Justice.  We learned today that the real root of the backlog issue may be the limitations of the court facilities to safely conduct 12 member jury panels and bring in jurors to conduct voir dire.   Based on information from today’s public hearing and concerns from local criminal defense attorneys, I will seek further input on Bills 409, 410, and 411 and ensure that we have exhausted all means available to expand our courtroom facilities and address the concerns raised,” stated Senator Therese Terlaje.

During the public hearing, the Judiciary noted that in conformance with operation restrictions set by Executive Order, it is currently utilizing only one courtroom for 12 person juries due to current health protocols and guidelines, and indicated that renovations on two other large courtrooms are underway and will not be available until December or January.  The Judiciary also estimated that it is currently experiencing a backlog on 175 arraignments and 300 criminal cases.

Testimony from the Judiciary and the Office of the Attorney General was in support of all four bills.  Attorneys from the Public Defender Service Corporation, Alternate Public Defender, and private firms provided testimony in support of Bill No. 408-35, but opposed Bills 409-35, 410-35, and 411-35 for their potential restrictions on the rights of defendants.

“I appreciate the suggestions shared during the hearing and I am very open to any additional feedback as to how we can help the courts alleviate the backlog they have now or may have going forward.  We need to strike a balance between adjudicating and administering justice as efficiently as possible without impeding on individuals’ rights or holding persons in prison longer than necessary, particularly during the pandemic.  I welcome the community and all stakeholders to submit input to my Committee until November 6th,” stated Senator Terlaje. 

Testimonies may be submitted to the Committee on Justice via the mailroom of the Guam Legislature in the Guam Congress Building, or through email at senatorterlajeguam@gmail.com.

Senator Therese Terlaje seeks to expand Chamorro Land Trust program for descendants of those whose ownership or use of land on Guam was unjustly disrupted by land takings

 FOR IMMEDIATE NEWS RELEASE (October 12, 2020- Hagåtña, Guam) 

On Friday, Senator Therese Terlaje, Chair for the Committee on Land, introduced Bill No. 419-35, an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.

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.

“We have seen firsthand the impact of the massive land takings on Guam’s families, too many who live in poverty over eight decades later, without a stable place to live, and their ability to use the land to provide for their families severely disrupted.  It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights for us, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations  It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations, so that we truly remedy the long-term injustice of massive land takings,” said Senator Therese Terlaje.

The Chamorro Land Trust law was authored by then Senator Paul Bordallo and passed by the 12th Guam Legislature in 1975.   No Governor appointed members to the Commission, until protests, a campout, and a lawsuit brought by Attorneys Mike Phillips, Mike Bordallo, and Therese Terlaje on behalf of the Nasion Chamoru, led by Angel Santos and Ed Benavente, ordered Governor Joseph Ada to appoint the first Commission in 1992.  The rules and regulations were authored by then Senator Angel Santos and enacted by the 23rd Guam Legislature.  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.

Download a copy of Bill No.-419-35-COR here:Download

35th Guam Legislature Confirms DPHSS Director

FOR IMMEDIATE RELEASE (October 19, 2020 – Hagåtña, Guam) – During the close of its regular session today, the 35th Guam Legislature has confirmed the appointment of Arthur U. San Agustin as the Director of the Department of Public Health and Social Services.

Senator Terlaje, Chair for the Committee on Health, Tourism, Historic Preservation, Land and Justice, stated, “I felt it was important to contemplate the gravity and responsibility of this position during this particular time when our island is facing a health pandemic and is struggling to control a virus that has taken many lives over the last 9 months, that has shut many businesses down and put more than 30,000 people out of work, that has kept many of us isolated and limited from spending precious in-person time with our family and close friends, and that has completely overwhelmed our health care system.”

Carrying out the burden of leading Guam out of this pandemic comes with the full unprecedented Health Emergency authority which also entails the management of millions of dollars of procurement and federal funds, and tremendous pressure from the administration, hospitals, health care companies, lawyers, doctors, business owners, the legislature and the entire community.

The Health Chair noted that the appointment by the legislature should come with the commitment to provide the department with needed resources, that DPHSS is not scapegoated when it is everyone’s responsibility to improve our situation, and that that the advisory groups and the private sector truly work with them to implement a clear exit strategy that has been communicated effectively to the public.

“I expect the Director to serve the people of Guam first and foremost… that he is direct and completely forthright with the community he serves, and to remove any impediment that keeps information from the public,” said the Senator.

Recognizing the many challenges presented to the new director, Senator Terlaje also outlined some of her expectations including advocacy on behalf of the people of Guam without political interference stating on the session floor, “I expect denunciation of scare tactics or the threatening of furloughs of Public Health staff in the middle of the biggest public health emergency our island has seen and I expect policy to be driven by data and by an unwavering allegiance to saving lives.”

Mr. San Agustin declared his willingness to take on the leadership responsibilities over the Department and his intentions to work towards the improvement of the well-being of the island during his confirmation hearing.  Art San Agustin has dedicated his career to serving those in need, to Public Health, often called upon to serve as Acting Director during his long tenure with the agency and 32 years of government service.

Visit Video (1:07) for full remarks on this confirmation below.

DPHSS Oversight Indicates Continuing Struggle With Data; Progress With Tracing and Technology Highlighted

FOR IMMEDIATE RELEASE (October 1, 2020 – Hagåtña, Guam) – As the community continues to learn how to adapt to life with COVID-19, Senator Therese Terlaje, the Oversight Chair on Health, continues to monitor progress with the Department of Public Health and Social Services (DPHSS) to get a clearer picture of the trajectory of the reopening of Guam businesses, tourism as well as restoring some semblance of normalcy for residents.

The third in a series of Oversight Hearings took place on the first day of FY2021 via Zoom with members of the 35th Guam Legislature and administrators from DPHSS to get an update on the progress of COVID-19 response measures including the Contact Tracing and Investigations capacity, implementation and results of COVID-19 tracing apps, public disclosure protocol for case investigations and contact tracing information, status of the CARES Act funding request and other federal funding, and Public Health Authority Powers under Chapter 19, Title 10, Guam Code Annotated.

“Since the first oversight on contact tracing held in May through today, these hearings have been essential to getting information to the public when there has been so much uncertainty.  Hearing that there is progress is encouraging and lets everyone in our community know that DPHSS is working hard to keep them safe, while also considering their need to get back to work,” said the Oversight Chair.

The DPHSS Workflow has been streamlined for contact tracing and containment, and they can now contact a positive case, close contacts, plan isolation, and instruct on quarantine for family members within 5-8 hours of test results.  According to Dr. Chima Mbakwem, Projects Coordinator for the Office of HealthCare Associated Infections Epidemiology, the new strategy is a time-saving mechanism where the containment team identifies family members and close contacts and immediately hands the data to the contact tracing investigation team who completes their investigation within 1-2 days while those identified are already under quarantine and are being monitored for 14 days.

Annette Aguon, COVID-19 Epidemiology/Surveillance Branch Lead, also updated the Oversight Chair on contact tracing investigation resources stating that there are currently 22 investigators, 25 contact tracers, plus 3 contact tracers with Dr. Mbakwem’s team.  Also assisting in this effort are approximately 42 DOE nurses, 38 existing Public Health staff, among others. In addition to public and private partners, a pilot project has started at UOG which will augment the investigation team at a separate site.  Santos and Mbakwem attributed the increased staffing, household contacts in multigenerational homes already under quarantine, and the current lockdown in assisting them to complete investigations sustainably until Guam starts reopening and shifting gears.

Although the Guam COVID Alert App has only seen a 19.6% adoption rate, short of the recommended 60% gold standard, efforts are still ongoing to increase the levels through various outreach and incentive programs.   Public Health also launched the SARA Alert technology which will eventually replace most of the manual monitoring, allowing a more robust way for patients and close contacts to report their symptoms daily via telephone, email, smartphone, or text messaging.

Though much progress has been made regarding containment and contact tracing, Dr. Ann Pobutsky, Guam’s Territorial Epidemiologist, advised that they are behind on data management and migration, stating that it will be at least another month until we get more robust weekly surveillance reports, which will break down community spread by activity categories.  The categories are a work in progress but could contain the information that the community has been pressing for, to make well-informed decisions about what activities could be riskier for them and their families and to help the government determine what businesses could be classified as lower or higher risk.

Senator Terlaje stated, “I continue to urge the Department to provide more data to the public to help them understand what information is driving the decisions so that they have confidence in this process going forward.”

Acting Director Art San Agustin updated the Chair on the latest changes to quarantine protocols, noting that those who wish to test on day 6 and test negative, can opt to fulfill the remainder of their 14-day quarantine at home.  Dr. Mbakwem clarified that these individuals are on restricted movement, which means they can go to the store for essential items and exercise because they have a lower probability of testing positive.  This is different from quarantine for close contacts who have been exposed to COVID-19.

Although the ongoing community positivity rate averages approximately 8% according to the JIC, Aguon advised that DPHSS is still confident in their ability to adequately trace contacts and control the spread of infection, especially with the recent adjustments made with the isolation and quarantine team and updated internal protocols with the trace investigation team.

“I am optimistic about the progress made in just the past few months regarding containment and contact tracing, however, I cannot stress enough about the importance of transparency in the process and data-driven decisions being the key to public participation,” stated Senator Terlaje.

View the full oversight hearing by clicking here or below:

Health Oversight Chair Proposes Another Option to Dedicate More Funding For Public Health

FOR IMMEDIATE RELEASE (September 15 2020 – Hagåtña, Guam) – Bill 398-35 (COR), AN ACT TO APPROPRIATE QUARTERLY EXCESS REVENUES TO THE DEPARTMENT OF PUBLIC HEALTH AND SOCIAL SERVICES IN FISCAL YEAR 2021, was introduced by Senator Therese Terlaje, the Oversight Chair on Health, as she continues to fight for more funding for the operations of the Department of Public Health and Social Services. 

The proposed measure appropriates all fiscal year 2021 withholding and corporate income tax revenues collected in excess of the revenue level budgeted per quarter, as reflected on the monthly Consolidated Expenditures and Revenue Report, to the Department of Public Health and Social Services for the expansion of its environmental health inspections, its other regulatory purposes, and other DPHSS operations, not to exceed $5.8 million for the fiscal year.

The policy was initially proposed as an amendment during a Committee on Appropriations meeting as a way to get additional resources for Public Health without having to increase already optimistic revenue projections but failed to garner enough votes in committee.

Terlaje stated, “This bill is a compromise and instead of raising revenue projections beyond what the body is comfortable with, we would dedicate any actual revenues collected every quarter that is above what is in the budget to Public Health to shore up any shortfalls.”

The Department’s budget amount in Sub Bill 282-35 covers all existing payroll with Senator Terlaje successfully passing a provision that carries over their expected lapses into FY 2021, and provides them flexibility tools to shift money around to address any immediate needs for health and social programs, however, the shortage for their operations could exceed $13 million, pending a final accounting on carry-forwards.

“The economic impact from COVID-19 has taken its toll and that includes the government of Guam.  We must use our federal funding to direct resources to our COVID response while strategically using our local funding to continue to prop up DPHSS.  We must support them to ensure our community is safe from COVID-19 and to continue with the numerous mandates we have placed upon them, including protecting our children and our manåmko’ among their many other duties.  I humbly urge my colleagues to consider this option to truly prioritize public health,” stated the Senator.

Click here to download a copy of Bill-No. 398-35 (COR).Download

Health Chair Encouraged by Increases in Contact Tracing Capacity and Urges Data Driven Decisions to Reopen Guam Businesses and Economy Safely

FOR IMMEDIATE RELEASE (September 10, 2020 – Hagåtña, Guam) – Senator Therese Terlaje, Chair for the Committee on Health, held a critical oversight hearing today with the Department of Public Health and Social Services (DPHSS) and a confirmation hearing for the appointment of Arthur San Agustin to be Director of DPHSS.  The focus of the oversight hearing was to get a clear picture of where we are today with the department’s case investigations and contact tracing resources and its protocols regarding public disclosure of investigations to prevent the spread of COVID-19.  The Chair addressed concerns about the capacity of the department to mitigate risk through contact tracing in anticipation of opening businesses and the economy. 

The oversight chair, through several oversight hearings, meetings, and letters over the course of the last six months has consistently asked about contact tracing and the release of more information and sought action regarding these vital functions of DPHSS.

Senator Therese Terlaje stated, “Our goal has always been to ensure that DPHSS has the support it needs to effectively mitigate the impact of this virus in our community and that the public has confidence in the plans and implementation of the Department’s contact tracing efforts.” 

Recently, DPHSS has publicly stated that with the surge in positive cases, there has been a lag with the initiation of a trace investigation from a targeted 24-hour period, aligned with CDC guidelines, to 2-3 days.  The department advised that a call-out was made for help to close that gap and shared their current status and progress to address recent issues as well as short term and long-term plans for the island.

Workforce Capacity

Annette Aguon, Administrator for the Bureau of Communicable Disease Control, stated that they started out with 6 contact tracers and 6 investigators which has since increased to 20 investigators and 24 contact tracers to address the latest surge in positive cases. DPHSS is in the process of getting 14 more tracers and investigators through an Epidemiology and Laboratory Capacity grant and assured the Committee that they will have sufficient human resources to meet the need and catch up on the backlog from last month’s surge.

They also have plans to multiply their efforts through a recent training at UOG in conjunction with UCSF which trained 85 individuals that can be utilized in the private sector and other government agencies. In addition, they are looking at a pilot project of a team of 5 contact tracers at UOG to give some relief to their personnel, with plans to expand.

In addition, Dr. Suzanne Kaneshiro, Public Health Officer for the Division of Public Health, advised that the Department is using federal grants to open a new Bureau of Emerging Infectious Diseases, which will be fully staffed with contact tracers, nurses and microbiologists.  Acting Director Art San Agustin is hopeful the Bureau will be fully operational next year and for the long term.

Funding

In response to inquiries from the Oversight Chair on the status of funding, Tommy Taitague, DPHSS Administrative Services Officer, advised that the Governor budgeted $313,000 of Coronavirus Relief funding for testing but it was reprogrammed for quarantine services for the first two months. An additional $397,092 was also allotted to DPHSS from this same funding source and currently is still available for the Department’s use for immediate needs and response to the pandemic.  DPHSS also submitted a supplemental request in June to the Governor for $3 M for 30 additional staff, PPE, and equipment for DPHSS divisions directly responding COVID-19.  This request was approved by the Governor but has not been allotted yet to DPHSS.

Public Health has received $6.1 M through an Epidemiology and Laboratory Capacity (ELC) grant and $1.2 M from a Community Health Clinic (CHC) grant.  To date, $1.1 M has been used from these two funding sources, and about $6.2 M is still available for use on contract tracing, testing, and investigations and the division through 2022.

Containment and Technology

Dr. Chima Mbakwem, Projects Coordinator in the Office of Health Care Associated Infections Epidemiology at the Bureau of Communicable Disease Control, clarified that it is important to note the role of containment with respect to contact tracing.  He stated that isolating positive cases and quarantining high-risk individuals and family members helps the contact investigation team by cutting off the infection at the point of testing by giving them time to investigate community transmission.

The SARA Alert app, an open-source tool that automates the process of public health monitoring and reporting of individuals exposed to or infected with COVID-19, is currently being used as a containment and monitoring tool for DPHSS.  In addition, this app allows for a second module to be deployed when Guam opens its doors to tourists.  This digital platform will replace the Emocha technology that will be phased out by the end of the year.

What was originally called SafePlace, or Pathcheck was launched under the name Guam COVID Alert today, which will function as another tool to help contact tracing to be more efficient and effective.

DOD Contact Tracing Data

Aguon advised that she meets weekly with representatives from AAFB, USNH, and GUNG who conduct their own contact tracing.  Civilian contacts are referred to Public Health for testing if they are overwhelmed and cases or clusters are discussed at their meetings.  Aguon advised that some delay in information was attributed to capacity limitations such as the ones we see in her bureau. DPHSS receives case summaries and breakdowns of veterans, dependents, service members which will be added in the planned weekly summaries that will be issued by the department. 

Public Disclosure of Information

After months of urging by the Committee to disclose information that would be useful to the community to determine if they are at risk of exposure, DPHSS is currently reviewing a legal opinion it received yesterday from the Attorney General regarding the public disclosure and the parameters of information that can be released to the public.  Acting Director San Agustin advised that the AG opinion recommended that disclosure of information be related to the work of contact tracing. 

With plans to streamline the daily situation report and release a weekly surveillance report that provides more information, protocols are being developed based on the recent AG opinion, that will inform the release of the type of establishments or activities where there are known COVID clusters.

Senator Therese Terlaje emphasized the importance of disclosing information immediately regarding establishments and gatherings in order to ensure the community can take necessary precautions to keep their families safe.

“All of the businesses are clamoring for this data. They want our closures to be data-driven and risk-driven” said the Senator.  She reiterated that the public will be supportive if it makes sense to them. “Residents want to know why certain businesses are closed and why certain ones are open and that all of our lockdowns are based on solid information.”

The Senator closed by congratulating the department on the release of the Guam COVID Alert App today and is encouraging the community to download it.  Assurances of privacy were given by Apple and Google and the experts in the non-profit foundations and MIT.  The app will not be effective for Guam unless we get 60% of our population signed on within the next week.

To see the full public hearing, click on this link or the video below: