We are forever grateful for the wisdom and knowledge of our elders and everything they have done for all generations of Guåhan! Biba Manåmko’ and Biba Senior Citizens Month!
Information Briefing: March 21, 2017
The Committee on Culture and Justice convened an Information Briefing on Tuesday, March 21, 2017 at the Guam Congress Building in Hagåtña. The intent of the Briefing was to focus on the following:
- Historic Properties to be adversely impacted by the proposed urban warfare training range at Andersen South, proposed mitigation plans, and the process by which public comments are due to the Naval Facilities Engineering Command Marianas on April 24, 2017;
- Cultural and Historic resources impacted by the proposed Live-Fire Training Range Complex (LFTRC) at Northwest Field, AAFB, the Biological Opinion on critical habitat due to U.S. Fish & Wildlife in Fall 2017, the Integrated Natural Resource Management Plan (INRMP) between the U.S. Fish & Wildlife and the Department of Defense, and an update on the Programmatic Agreement for this project.
The Committee Report on the Briefing can be viewed through this link: CR Informational Briefing 3.21.17_Final
SENATORS URGE DEPARTMENT OF DEFENSE TO CEASE DETONATION OF EXPLOSIVES IN GUAM’S LAND AND WATERS
FOR IMMEDIATE NEWS RELEASE (April 28, 2017 – Hagåtña) – Twelve senators have committed to stopping the detonations in Guam’s waters. Resolution 103-34 (LS) was introduced yesterday afternoon by Senators Therese M. Terlaje, Frank B. Aguon, Jr., Thomas C. Ada, Telena C. Nelson, Joe San Agustin, Dennis G. Rodriguez, Jr., Benjamin J.F. Cruz, Régine Biscoe Lee, Fernando Esteves, William M. Castro, Tommy Morrison and Louise B. Muña, urging the Department of Defense (DoD) to cease the use of Guam’s land and waters as a training ground for the detonation of explosives.
Introduction of Resolution No. 103-34 was prompted by the recent Coast Guard CFR publication that created a safety zone around the planned DoD April detonations and indicated that no public comment would be accepted due to time constraints. Shortly after news of the April detonations was released by media, the Navy indicated four separate 1.25 lbs explosives will be detonated on May 18, 2017 and no detonation training and testing would be conducted in April. The May detonations are scheduled as part of the Navy’s training and testing activities that fall under the defined Mariana Islands Training and Testing (MITT) “Study Area.”
“The proposed detonations at Outer Apra Harbor and Piti are but just a few that may be lined up by the Navy. Whether big or small, the people of Guam continue to deal with the adverse environmental and social impacts of previous detonation of explosives in Guam’s land and waters. Until those are adequately resolved, we urge that further DoD detonation of explosives be ceased,” Terlaje stated.
In July 2015, the Navy signed a Record of Decision (ROD) for the MITT Final Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS), which defined the MITT Study Area as sea-based ranges and land-based areas that allow the Navy to conduct training and testing activities that include the use of active sonar and explosives. The MITT Study Area encompasses the entire ocean area under the Mariana Islands Range Complex (MIRC) and expands the range of the DoD training area to 984,469 square nautical miles – larger than the states of Washington, Oregon, California, Idaho, Nevada, Arizona, Montana and New Mexico combined. Following the issuance of the ROD, a MITT Letter of Authorization was signed permitting the Navy to conduct numerous detonations over a five-year period.
Further, Terlaje stated, “Through this type of permitting the Navy may conduct an average of nearly 12,580 detonations of various magnitudes per year for 5 years, and 81,962 takings of 26 different marine mammal species per year for 5 years. Even if they say these underwater explosions are minor, cumulatively and over time this is just too much of a burden on our land and our waters.”
To read the resolution, go to: http://senatorterlaje.com/wp-content/uploads/2017/04/Res.-No.-103-34-LS.pdf
Vice Speaker Terlaje states that Resolutions support Congressional action to seek environmental justice for veterans and residents of Guam.
FOR IMMEDIATE NEWS RELEASE (April 26, 2017 – Hagåtña) – Vice Speaker Therese M. Terlaje (D-Yona) urged the Guam Legislature during the April Legislative Session today to support three resolutions she introduced addressing the environmental and health impacts of Agent Orange, radiation exposure, and nuclear testing clean-up on veterans and the people of Guam. Resolution Nos. 25-34, 39-34 and 40-34 were moved to the third reading file and will be voted on by the Legislature on Thursday.
“There is no doubt that the people of Guam have been exposed to these various harmful chemicals and toxins like Agent Orange and iodizing radiation as a result of spraying or being in close proximity to nuclear testing,” stated Vice Speaker Terlaje. “It has been many years now that we have been seeking justice and assistance for those who have suffered from some of the diseases related to these past events. It is time that the United States Congress takes action on the legislation in the Senate and House of Representatives to right these wrongs.”
Resolution No. 25-34 (COR), relative to expressing support for H.R. 809, the Fighting for Orange-Stricken Territories in Eastern Regions (FOSTER) Act, introduced by the Honorable Congressman Dennis Ross, R-Florida, provides presumptive Agent Orange exposure status to Vietnam War-era veterans who served in Guam, and show symptoms of medical conditions currently associated with exposure to Agent Orange in order to receive U.S. Department of Veteran Affairs benefits; and to seeking justice for veterans and civilians exposed to Agent Orange on Guam.
“We know of cases where the Department of Veteran Affairs has acknowledged diseases resulting from the exposure to Agent Orange on Guam and service members have said that they were forced to spray Agent Orange in military facilities on Guam,” stated Vice Speaker Terlaje. “I want to thank Congressman Dennis Ross for introducing this bill in Congress on behalf of the veterans who served in Guam, and truly appreciate the bipartisan effort to fight for the people of Guam from the distance in Washington, DC.”
Resolution No. 39-34 (COR), petitions the U.S. Congress to pass legislation that would compensate those suffering from cancer and health issues due to radiation exposure from nuclear weapons testing in the Pacific. Senate Bill 197 and H.R. 2049 would amend the Radiation Exposure Compensation Act of 1990 (RECA) to expand the list of eligible downwind areas to include Guam for the nuclear weapons testing conducted by the U.S. government in the Marshall Islands from 1945 through 1962. The passage of these congressional bills would allow those who resided in Guam between 1945 and 1962 and who suffered from cancer or other listed radiation-related illness, to apply for compensation up to $150,000 from the remaining funds in the RECA Trust Fund.
“Guam has been united in this effort for many, many the years through the leadership of the Pacific Association of Radiation Survivors (PARS), Mr. Robert N. Celestial, the late Dr. Chris Perez, former Speakers Ben Pangelinan, Mark Forbes, Judith Won Pat and many others. Justice is long overdue,” stated Vice Speaker Terlaje.
Resolution No. 40-34 (COR) advocates for the inclusion of veterans who participated in the cleanup of Enewetak Atoll as radiation-exposed Veterans to be properly compensated. Passage of H.R. 632 and S. 283, both titled the Mark Takai Atomic Veterans Healthcare Parity Act, would extend medical care and pay compensation benefits to the cleanup veterans of Enewetak Atoll and their dependents. The congressional bills mandate that these radiation-exposed cleanup veterans would be entitled to the presumption that a veteran’s disease was caused by radiation if the veteran was involved in the cleanup and developed one of the presumptive diseases.
“There are veterans on Guam still alive who have asked for our assistance, and some who passed already, who were part of over 4,000 soldiers who participated in the cleanup of U.S. nuclear test sites without being told of the danger they were in from exposure to radiation. This resolution and the bills in Congress seek justice in the form of medical care and compensation for those veterans and their dependents who suffer from cancer and other medical conditions,” said Vice Speaker Terlaje.
“It is important that our voices are heard in Congress through these Resolutions and that the veterans who served and the residents in Guam who have endured some of these environmental and health impacts are properly supported and recognized by the U.S. government.”
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For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
Vice Speaker Terlaje raises concerns at Programmatic Agreement Meeting and states ancient villages at Ritidian/Litekyan should not be disturbed.
FOR IMMEDIATE NEWS RELEASE (April 27, 2017 – Hagåtña) – During today’s annual Programmatic Agreement meeting Vice Speaker Therese Terlaje (D-Yona) raised several concerns. One of the concerns raised by Vice Speaker Terlaje was that the terms of the Programmatic Agreement had not been fully complied with. Specifically, Terlaje asked for an opinion from the representative from the Advisory Council on Historic Property (ACHP) as to whether DoD had complied in good faith with mitigation of the cumulative effects of the military buildup on cultural and historic properties pursuant to Section VII.C.4.b . ACHP requested that the USN submit a white paper discussing its efforts to comply with the mitigation mandated in Section VII. C. 4. b, which provides :
“b. In addition to the Guam Cultural Repository facility addressed above, DoD will also advocate to other Federal agencies to fund a complete museum complex on Guam to house and display Guam’s unique cultural artifacts for the public’s benefit”.
The museum complex is a mitigation requirement separate from and in addition to the 20,000 square foot Guam Cultural Repository described in Section Vii.C.4.a., which was promised to be funded in 2012 but has only recently been fully authorized in the amount of $12M. DoD reported that the repository plans are not finalized and it is unknown whether the amount will be sufficient given the current labor shortage and inflation since 2012.
DoD also reported that historic properties in Finegayan and Northwest Field that may have been eligible for the National Register would be disturbed by military activity and that the PA authorized them to mitigate by data recovery instead of avoidance.
Vice Speaker Terlaje also discussed with the ACHP that the firing ranges at Northwest Field were not specifically contemplated in the PA and overlay very significant historical properties, including an ancient village at Ritidian/Litekyan that should not be disturbed.
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For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
Respect the Chamorro People Rally on April 7, 2017
For Immediate Release, March 29, 2017 — A series of disrespectful acts against the Chamoru people seemed to eclipse what is normally one of the most festive times of the year — Mes Chamoru, a month dedicated to celebrating the Chamoru culture.
Almost daily this month, Guam’s news outlets have reported on military and other encroachment into sacred lands and natural habitats from northern to southern Guam; a court decision against the Chamoru right to self-determination; and Federal threats to theChamoru Land Trust. For many Chamorus, these actions have sparked the need to remind the community that Guam is i Tano’ i Man Chamoru, the homeland of the Chamoru people.
The language, culture and heritage of the Native people of Guam and the Marianas are what make our archipelago unique in the world. There is no other place on earth for Chamorus to call their homeland. Above all, the Chamoru people, like all indigenous people, deserve to be treated with dignity and respect, especially in their native land.
A grassroots collective has come together to organize the Respect the Chamorro People Rally on April 7 from 4 – 6 p.m. at the Adelup lawn. Adelup was the site of a series of demonstrations and the famous Nasion Chamoru campout that pushed the Government of Guam to implement the Chamoru Land Trust in 1995.
The rally will be a safe and welcoming space for all members of our community, Chamoru and others alike, to come together in solidarity to protect and defend the native and human rights of the Chamoru people and their place in the world. The rally will feature speakers and live performances, including poetry, music and traditional chants.
Every school day on Guam, tens of thousands of our children recite the Inifresi, a promise for those who call Guam home, to protect and defend the six things that make life possible and beautiful, drawn from Chamoru heritage, culture and history: i hinengge, i kottura, i lenguåhi, i aire, i hanom yan i tano’ Chamoru.
Join us on April 7 in celebration of this promise and of the Native people of Guam who have inherited it.
I HINENGGE, I KOTTURA, I LENGGUÅHI, I AIRE, I HANOM YAN I TANO’ CHAMORU
36th Flame Tree Arts Festival in Saipan from April 20-23, 2017
CNMI – The Commonwealth Council for Arts and Culture annual Flame Tree Arts Fesival, is tentatively scheduled for April 20-23, 2017 on Saipan at the Civic Center, Susupe Beach Park.
CNMI would like to extend an invitation for Guam’s participation at this four-day event – Guam’s artists, performers, and entertainers for Cultural displays and shows.
For more information about the festival, please do not hesitate to contact Mr. Gary Sword at kkmp670@gmail.com, (670) 233-14400 or Mr, Parker Yobei at the Commonwealth Council for Arts and Culture office 9670) 322-9982/3 or parkeryobei@gmail.com.
BackGround on the FLAME TREE ARTS FESTIVAL
Since 1981, the FLAME TREE ARTS FESTIVAL has celebrated the natural and cultural beauty of the Northern Mariana Islands by producing a dynamic 4 day event featuring indigenous and cultural arts, music, crafts, art competition, dance and recognition of indigenous artists and cultural purveyors. The Flame Tree Festival brings together local and Pacific arts and culture in a central setting.
At this community festival, art enthusiasts discover spectacular paintings, sculptures, jewelry, photography, ceramics and more, offering extraordinary art for every taste. Thousands of dollars in art will be on display, providing locals and visitors with the opportunity to purchase one-of-a-kind wares and meet the artists behind the work, hearing firsthand what inspires them.
Plus, you can enjoy a variety of local activities and performances throughout the 4 day event, including live music, hands-on activities and art happenings. Schools will be afforded space to showcase, sell and promote the arts crafted in their schools.
One of the things that makes this work well is a community-centered approach. We will enlist the help of parents, students, principals, and residents with whom we already have a relationship stemming from our partnerships with local schools, businesses, government entities and organizations.
Legislature Adopts Resolution Nos. 51-34 (LS) and 52-34 (LS)
Resolution Nos. 51-34 (LS) and No. 52-34 (LS) were introduced during the March 9, 2017 session within hours after Vice Speaker Terlaje learned about the threatened lawsuit against the Chamorro Land Trust Commission (CLTC) and a day after the Davis v. Guam District Court decision was released. It was urgent that both resolutions be passed immediately given the April 7th appeal deadline for the Davis case, and the CLTC deadline of January 2017 (2 months ago). The matters discussed in Resolution Nos. 51-34 (LS) and 52-34 (LS) are complicated legal issues that will require extensive analysis and immediate decisions by the Attorney General and Governor of Guam. The resolutions were meant to show the support and solidarity of the Legislature with the Executive Branch and the AG, and in no way prevent the government of Guam from seeking other options. There were enough votes and support from the other senators during the March 9th session to pass both resolutions, but Senator Michael F.Q. San Nicolas and a couple of other senators requested that a public hearing be held. Speaker Cruz indicated that a special session would be called as soon as a public hearing was held, since the next session was not planned until after April 17th. Unfortunately, Speaker Cruz left off-island on the day of the public hearing, which was held five working days after the March 9 session.
The public hearing notice was sent out on March 9, 2017, with ample time for senators to consult with or invite interested parties to participate in the public hearing. The hearing lasted over 5 hours; only Senator San Nicolas and Vice Speaker had questions for the panel. One attorney was asked to wait for further questioning by Senator San Nicolas after the other testifiers had their turn. The attorney waited, but Senator San Nicolas left before the hearing was concluded without resuming his questions to the attorney.
The audio from the public hearing was uploaded to the Legislature website and attached to the committee report, along with all written testimony, a digest, and all other requirements per the standing rules.
The committee report was filed with the Committee on Rules but the COR Chair refused to approve it for upload to the website prior to the March 17, 2017 session. The report was made available on the session floor.
Discussion on the resolutions was halted by a motion of Senator Morrison which Vice Speaker Terlaje did not support. Senator San Nicolas left the room during the vote. Both resolutions were adopted.
These resolutions do nothing to change current Guam policy and simply convey that the Legislature supports the defense of current policies and preservation of options at this time. Nothing in this resolution prevents the pursuit of all avenues available to the government of Guam, nor prevents any senator from proposing another policy or course for the government and people of Guam.
Testimony from March 17th Public Hearing for Resolution 51-34 (LS) and Resolution 52-34 (LS)
Download the video for March 17, 2017 – Committee on Culture and Justice Public Hearing at this link : https://drive.google.com/file/d/0B4TFG6R86XQ0YXc1ZEt5RkdVR1k/view?usp=sharing_eil&ts=58ce65f2
or view it directly on YouTube at: https://youtu.be/e-_GnoMVOSA
U.S. Department of Justice letter to Governor Eddie Baza Calvo regarding Fair Housing Act lawsuit against the Government of Guam – DOJ letter_CLTC
Arnold Davis v. Guam decision – Davis v Guam case
The following list of people provided testimony at the hearing. The time lapse marks indicate where their testimony can be found in the video. Their written transcripts can also be found below.
1. Bob Pelkey – 27:40 minute mark – Pelkey.B.WT.03.17.17
2. Harold Cruz – 46:49 minute mark – Cruz.Harold.J – P.H.03.16.17
3. Ofing (Josephine) Jackson – 53:44 minute mark – Jackson, Ofing P.H.03.17.17
4. Vicente Garrido – 1:01:06 minute mark – Garrido, Vincent P.H. 03.17.17
5. Enrique Torres –1:07:56 minute mark – Torres, Enrique – P.H. 03.17.17
6. Robert LG Benavente – 1:18:46 – Benavente, Robert P.H. 03.17.17
7. Jamela Santos – 1:26:36 – Santos.J.A.WT.03.16.17
8. Mike Phillips – 1:33:50 – Phillips, Michael J. Atty. P.H. 03.17.17
9. Senator Carmen Kasperbauer – 2:07:50 – Kasperbauer, Carmen – P.H. 03.17.17
10. John Ray Aguon – 2:16:18 – Aguon, John Ray – P.H. 03.17.17
11. Senator Hope Cristobal – 2:26:27 – Cristobal, Hope P.H. 03.17.17
12. Lasia Casil – 2:46:09 – Casil, Lasia – P.H. 03.17.17
13. Ray Lujan – 2:51:17 – Lujan.R.WT – P.H.03.17.17
14. Darrin Pangelinan reading for Lakretia Castro-Santos and Social Work Students Alliance – 2:54:56 – Castro.Santos.L.WT.03.17.17
15. Rosario Perez – 2:57:44 – Perez.R.L.03.17.17
16. Jose Garrido – 3:03:12 – Garrido, Jose Ulloa – P.H. 03.17.17
17. Josette Quinata – 3:29:45 – Quinata.J.M.L.WT.03.17.17
18. Carlos Camacho – 3:39:11 – Camacho, Carlos – P.H. 03.17.17
19. Maga’låhi Aniti – 3:48:54 – Aniti, Maga’låhi – P.H. 3.17.17
20. Michael Bevacua 4:02:17 – Bevacqua, Michael – P.H. 03.17.17
21. Trini Torres – 4:09:29 – Torres, Trini – P.H. 3.17.17
22. Ronald Laguana – 4:47:28 – Laguana, Ronald – P.H. 03.17.17
23. Ned Pablo – 4:33:09 – Pablo, Ned – P.H. 03.17.17, Pablo, Ned – P.H. 03.17.17 Oral Testimony, Pablo, Ned – P.H. 03.17.17 Chamorro
24. Frank Munoz – 4:40:32 – Munoz, Frank – P.H. 3.17.17
25. Dr. Rosa Paloma – 4:44:15 – Palomo, Rosa WT 03.17.17
26. Desiree Ventura – 4:49:52 –Ventura, Desiree – P.H. 03.17.17
27. Shannon McManus – 5:02:45 – McManus, Shannon – P.H. 03.17.17
28. Alissa Eclavea – 5:06:45 – Eclavea, Alissa – P.H. 03.17.17
29. Ofing (Josephine) Jackson – 5:15:07 – Jackson, Ofing Res. 52-34 – P.H. 03.17.17
30. Harold Cruz – 5:20:04 – Cruz, Harold 52-34 P.H. 03.17.17
31. Amanda Santos – 5:23:36 – Santos, Amanda P.H. 03.17.17
32. Mike Phillips – 5:25:30 – Phillips, Michael J. Atty. 52-34 P.H. 03.17.17
33. Enrique Torres – 5:28:04 – Torres, Enrique – P.H. 03.17.17
Written Testimony Submitted via email:
Aquino, Genedine WT 03.15.17 ISO RN 52-34 (LS)
Pablo, N. WT 03.15.17 ISO RN 51&52-34 (LS)
Pangelinan, M. I.D. WT 03.17.17
Santos, Anghela WT 03.17.17 RN 51&52-34 (LS)
Sayama, C. R.L. WT 03.17.17 RN 51-34 (LS)
Underwood on Self-Determination testimony read by Vice Speaker Terlaje – 23:18 minute mark – Underwood..A.WT.03.16.17
LEGISLATURE PLEDGES SUPPORT TO DEFEND THE QUEST FOR SELF-DETERMINATION AND CHAMORRO LAND TRUST RIGHTS
FOR IMMEDIATE NEWS RELEASE (March 17, 2017 – Hagåtña) – Senator Therese M. Terlaje (D-Yona) issued the following statement after a full day of public hearing and Legislative session on Resolution Nos. 51-34 (LS) and 52-34 (LS):
“Today, I am humbled by the overwhelming community support for two resolutions that I believe are really urgent for the people of Guam. The rapid pace of events called for the Legislature’s immediate action on behalf of the people of Guam, to timely render its opposition to both District Court opinion in Davis v. Guam and the Department of Justice’s position on the Chamorro Land Trust Act, as both issues have significant legal and political implications for the government of Guam and its residents,” stated Terlaje.
Dozens of people, including many community leaders, testified during today’s five-hour public hearing, with over 40 oral and written testimonies in full support of the two resolutions.
The public hearing was followed by an emergency session during which there was little debate, and the body successfully passed Res. No. 51-34 (12 yeas, 3 excused absences) and Res. No. 52-34 (11 yeas, 1 nay, 3 excused absences).
“I am thankful to my colleagues and to all those who came out to testify and be part of this very important step. Truly, I am excited about the prospect of revitalizing the quest for self-determination and moving forward together,” Terlaje stated.
Terlaje oversees the Guam Legislature’s Committee on Culture and Justice, including all matters relating to self-determination, political status, the United Nations, and the Commission on Decolonization, as well as all matters relating to indigenous rights and culture.
The March 17, 2017 recordings are available here:
Public Hearing – https://www.youtube.com/watch?v=e-_GnoMVOSA&feature=youtu.be
Session – https://www.youtube.com/watch?v=Pon0_pk9_4c
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For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.