In The News

Written by Community News I Guam Variety News I Monday, 25 August 2008

A GROUP calling itself the Chamorro Tribe has been formed to pursue federal registration for the Chamorro people as a Native American tribe.

According to Chamorro Tribe chairman, FrankJ. Schacher, Chamorros right now are "statutory citizens" because they received citizenship through the passage of the Organic Act. "The Organic Act is United States Code 48 Section 8A. Unfortunately, Article 14 of the United States Constitution has never been amended to include citizenship of unincorporated territories. Because Article 14 Line 1 of the United States Constitution states there are only two ways to be a United States citizen, you a re either born a citizen or you are naturalized. You cannot be naturalized as a statutory citizen," Schacher said.

He added that only certain amendments of the Constitution that the US Supreme Court recognize as being basic human rights apply to Chamorros.

"The only true way for Guam and the Chamorro people to get United States true citizenship, which means full protection and full constitutional rights, is either Guam becomes a state, which is not going to happen because we do not have the population base and we are too far from the contiguous 48 states. The only other way for us to get constitutional citizenship is to become registered as a native American tribe so that we as a people become incorporated to the United States and the Indian Naturalization Act, which would automatically naturalize us, thereby, making us legal Constitutional citizens of the United States and affording us all protections and rights under the Constitution of the Untied States and making us eligible for all types of benefits as well as giving us additional constitutional rights, because Native Americans enjoy more constitutional rights than regular Americans," Schacher said.

He added that Native Americans have the constitutional right to discriminate based on race to protect their culture, heritage and race.

The group is now initiating educational meetings on the proposal.

Related Links: Chamorro Tribe Education Meetings

By Mark-Alexander Pieper I Pacific Daily News I Tuesday, 07 October 2008

Guam senator sees contract opportunities with military buildup- HAGATNA, Guam (Pacific Daily News, Oct. 6, 2008) - Guam Sen. Judith Guthertz wants public input on asking Congress to designate Chamorros, the island's indigenous people, as Native Americans.

Guthertz and Sens. Benjamin Cruz and Rory Respicio have introduced a resolution "urging" Guam Delegate Madeleine Bordallo to ask Congress to grant the people of Guam full constitutional citizenship, which would include presidential voting rights. It also asks Congress to designate the Chamorro people of Guam as a Native American Tribe "known as I' Chamorro Na Taotaogui."

The resolution states Guam would remain a territory of the U.S.

While the resolution has been introduced, it has not yet been referred to a legislative committee for a public hearing. Guthertz said before that happens, she's looking for input from the community. She's asking residents to call her office, e-mail, fax or to either provide testimony or schedule a meeting to discuss the issue.

"There's nothing hard and fast by it, and we're not going to even consider passing this unless there is adequate public support," Guthertz said. "But we're testing this because the people of Guam, including our indigenous people, have opportunities with this military buildup and this particular idea is one way to see if it can extend to the island this recognition so we can avail of these contract opportunities."

In 2014, 8,000 U.S. Marines from Okinawa, and thousands more of their dependents, are scheduled to relocate to a new base in Dededo. The move is expected to bring $15 billion in military construction projects here and increase the island's population by about 42,000 people over a five-year period, according to Pacific Daily News files.

Shawn Gumataotao, the governor's spokesman, said the governor will reserve comment until further action by the Legislature on the resolution. Guthertz said she got the idea when she heard some federal officials, she did not recall whom exactly, on the radio suggest that Guam should look into the option so they can benefit as Native Americans in getting a leg up on federal contracts. "The federal government extends certain benefits to Native American groups, as well as minority groups, in federal contracting," said Guthertz, who, like the other 14 incumbent Guam senators, is up for re-election next month.

"We've seen it sometimes with women getting special consideration on certain federal contracting or minority groups and Native American groups that have been historically under-represented in doing business with the federal government," Guthertz said. "And the Alaskans have been able to do this through legislation and, as a result, they established corporations that compete for federal contracts all overthe United States." Guthertz said she didn't think the resolution would lead the Chamorro people being given casino rights similar to that granted some Native American tribes in the U.S. mainland. "That's certainly not the intent and it is the farthest thing from my mind. I'm not a proponent of gambling," she said. "I certainly wouldn't support anything that would be an avenue to support that agenda. My interest is just give the rights to our people so they can compete for the economic opportunities with the buildup."

The Indian Gaming Regulatory Act, passed by Congress in 1988, is the centerpiece of Indian gaming law today. By its terms it allows gaming, even if against state law, on "Indian Lands," which are defined as all lands within the limits of any Indian reservation, according to Find Law.com. The National Indian Gaming Commission is established within the Department of the Interior and given the authority and responsibility of administering the law. The act divides Indian gaming into three different categories:

Class I gaming, which includes social and traditional games and is within the exclusive jurisdiction of Indian tribes.

Class II includes bingo and similar games.

Class Ill gaming includes all types of gaming that is neither Class I nor Class II gaming and is the category in which casino gaming falls.

"Class Ill gaming must also occur in a state that permits that particular type of gaming for any purpose by any person or entity and must also be authorized by tribal resolution or ordinance," the Web site states. "In addition, there must be a compact negotiated between the tribe and state which defines how the Class Ill gaming will be conducted." Guthertz said if designating the Chamorro people as Native Americans also provided casino rights, a provision could be put into the resolution requesting such a right wouldn't transfer to I' Chamorro Na Taotaogui. She said local law, unless changed by referendum, would prohibit it.

Source- Pacific Island News

Related Links: Resolution 191

Written by Sen. Judith P. Guthertz I Marianas Variety I Thursday, 09 October 2008

Marianas Variety Guam Edition

As a longstanding supporter of Chamorro Rights and Self-Determination, I introduced, along with Senators B.J. Cruz and Rory Respicio, Resolution No. 191. The resolution urges Guam Delegate Madeline Z. Bordallo to request the U.S. Congress to fully acknowledge the Chamorro people as Native Americans. It also requests full inclusion for the Chamorros under Title 25 of the U.S. Code, which covers Native Americans.

I am proud to have sponsored this resolution because it asks that Congress grant the Chamorro people full recognition as Native Americans and integration and inclusion as a Native American Indian Tribe, to be called, "I' Chamorro Na Taotaogui."

Chamorros should have the same recognition and rights as the other indigenous peoples who live on American soil, such as American Indians and Alaskan Eskimos.

If this goal were achieved, Chamorros would receive a number of benefits including greater access to federal contracts, which we believe will prove to be a significant advantage given the coming military buildup. The buildup is an enormous undertaking involving many billions of dollars, and we in Guam should receive our fair share of the business and our fair share of the prosperity that will result.

We had hoped that this issue could be discussed without bringing gambling into the picture, because the Native American status could open many doors for Guam-based businesses. As the laws are written, native groups that have been recognized under Title 25 have certain advantages when it comes to Federal contracts. It's possible that Native Americans from Alaska and the contiguous 48 states could have preference over our own local businesses in getting Federal contracts for the buildup in Guam.

However, some people are associating Resolution No. 191 with gambling. We do not want people to think that we are promoting gambling, because we do not support gambling." Senators Cruz, Respicio and I have decided to hold the Resolution back until after the November election so it won't have any effect on the vote on Proposal A, the "Responsible Gaming Act." Let me be very clear: we are all opposed to Proposal A.

It's unfortunate that the provisions of Title 25 are so broad, taking up44 chapters on everything from child welfare to business development; from tribal land claims to forest resources management. Included among them is legalized gambling: Title 25 allows the ruling councils of each of the indigenous groups to make decisions on a number of issues, and among the more well-known of these issues is the ability to legalize gambling (and build casinos) on Native American land.

There are other equally important benefits to be gained from becoming recognized as Native Americans, even beyond the ability to get federal contracts. The most important one is advancing federal recognition of Chamorros as an indigenous people. Federal authorities have yet to fully accept the cause of Chamorro Self-Determination, and the sovereign rights to which the Chamorro people are entitled under the provisions of the United Nations Charter.

Obtaining federal recognition of Chamorros as an indigenous tribe will provide another building block in our quest to secure Chamorro Self-Determination. The future political status of our island will be decided when the Chamorro Self-Determination vote is held. Our dream of Chamorro Self Determination will only be realized if we utilize all means at our disposal to secure federal recognition of the rights of the Chamorro people.

By Sabrina Salas Matanane I KUAM.com I January 2, 2009

Chamorro Tribe vice-chairman Greg Schacher is concerned about the way that the Chamorro Land Trust Commission is leasing its properties. According to Schacher, federal law defines aboriginal peoples of any island under U.S. possession as Native American Indians; furthermore he says federal law requires that such residents should own at least 51% of the businesses that the government helps develop.

"They seem to think that they can just lease property out to any offshore investor or any domestic company and it's just not fair for the aboriginal Chamorros, which was the intent of the Chamorro Land Trust," he explained.

Schacher adds the CLTC needs to focus on what it was originally intended to do - provide opportunities for native Chamorros.

Related Links:

• Tribal Press Release: Chamorro Land Trust.pdf

• Chamorro Tribe Educational Meeting Videos

• Chamorro Land Trust Commission

Written by Therese Hart I Variety News Staff I Monday, 26 January 2009

Marianas Variety Guam Edition

ALTHOUGH the Joint Guam Program Office (JGPO) has begun its village meetings to update residents on the draft Environmental Impact Study which will affect Guam residents during the impending military buildup, Sen. Ben Pangelinan and Frank Schacher, chairman of the Chamorro Tribe, have concerns about the process and format of the meetings. Pangelinan recently wrote a letter to David Bice, executive director of JGPO, saying that the village meetings hosted by JGPO "appears (as if) the military are there to 'solicit' information rather than a two-way collaboration on what the final draft of the EIS will consist of."

Pangelinan also questioned the military's surveying of properties that are not federal lands. Pangelinan, in his letter, asked Bice to make the EIS findings of each phase available and transparent.

"This will allow the people of Guam to be truly part of the process and be involved at the phases where our concerns can be addressed before the final outcome. How can our people ask the pertinent questions when it is unclear what any of the findings are?" the senator asked. Pangelinan said that residents should not have to wait until the public comment stage.

"By then, our input will be superfluous. The people of Guam must be included in all plans for the military buildup and not just peripherally," said Pangelinan.

Violate

Schacher, in a letter to John Jackson of JGPO, stated that the military buildup with the full consent of "native inhabitants of this island," would violate articles as outlined in the Charterof the United Nations as well as the intent of the U.S. Constitution.

"In these troubled times wherein our new president and his cabinet face the daunting task of rebuilding America's tarnished image, this action without conformance to the Constitution ... would not only be another slap in the face of the Chamorro people, it would also be damaging to the efforts of our president, his cabinet and the American people," said Schacher.

Schacher added that the military buildup, without the full consent of Guam residents, "sends a clear message to the world that the United States does not honor its obligations under the U.N. treaty and does not conform to its own Constitution.

Posted: Nov 18, 2009 9:42 AM Updated: Nov 18, 2009 9:42 AM

by John Davis

As our government plans to begin the education portion of our quest towards political self determination, there's another avenue that appears to bear more fruit than determining our island's political status. That avenue is having our people recognized as a Native American tribe. Attempts to gain recognition of the Chamorro people as Native American tribes don't effect the Guam quest for political self determination. In fact, I view it as an enhancement to the current relationship with the U.S. Government.

Currently Chamorros are entitled to 2nd class U.S. Citizenship thanks to the passage of the Organic Act and the signing of the Treaty of Paris over a century ago. I say 2nd class citizenship or statutory citizenship because we don't vote for president and we do not have equal representation in congress. We elect a delegate to congress, but they have no voting power on the floor. What makes matters worse is only certain parts of the U.S. Constitution and Basic Human Rights apply to Chamorro people because the U.S. Supreme Court recognized them and gave us those rights to 2nd class citizenship.

If Chamorro's are recognized as a Native American tribe, members will be incorporated into an already existing federal law called the United States and the Indian naturalization Act. If the United States and Indian naturalization Act applies to members of the Chamorro Tribe, our existence as 2nd class U.S. citizens will end. Members of this Chamorro Tribe will be able to cast their vote for President, we might even get a vote that counts in the Electoral College and we will have equal voting representation in the U.S. Congress.

All it takes to be recognized as Native American is the approval of the Secretary of the U.S. department of interior. It doesn't require an act of congress or special consideration from the president, but if it does happen, Guam and it's Chamorro Native American tribe members will begin to reap real benefits from the federal government.

If Chamorro's on Guam and abroad are recognized as a Native American tribe, members of the tribe would be able to help our island government with the upcoming military buildup, guaranteeing money before, during and after the buildup will stay on Guam. There is existing federal government policy related to the issuance of federal contracts that will help members of the Tribe.

That federal government policy entitles 30 percent of all federal government contracts to be awarded to Native American tribes. Native American tribes are also allowed to bid up to 30 percent over the contract amount and still receive special consideration as a Native American tribe. In fact, there is already a company doing business on Guam as a Native American Alaskan tribe, imagine the consideration they're getting now and the consideration a Chamorro tribe would get if recognized by USDOI? Now that makes dollars and cents instead of dollars and nonsense.

Every year, money from the federal government is appropriated to recognized Native American tribes for schools, homes, businesses, public safety and healthcare. Our healthcare, education and public safety systems in our government could use some extra cash, which will be available if our people are recognized as a Native American tribe.

If you're not a member of the Chamorro Tribe, sign up and get involved. Even the United Nations Expert on Political Status agreed gaining recognition as a Native American tribe was the express lane to equal treatment and equal representation from the U.S. Government. I say we follow his lead, but lead the way for our people.

Posted: Nov 18, 2009 9:42 AM Updated: Nov 18, 2009 9:42 AM

by John Davis

As our government plans to begin the education portion of our quest towards political self determination, there's another avenue that appears to bear more fruit than determining our island's political status. That avenue is having our people recognized as a Native American tribe. Attempts to gain recognition of the Chamorro people as Native American tribes don't effect the Guam quest for political self determination. In fact, I view it as an enhancement to the current relationship with the U.S. Government.

Currently Chamorros are entitled to 2nd class U.S. Citizenship thanks to the passage of the Organic Act and the signing of the Treaty of Paris over a century ago. I say 2nd class citizenship or statutory citizenship because we don't vote for president and we do not have equal representation in congress. We elect a delegate to congress, but they have no voting power on the floor. What makes matters worse is only certain parts of the U.S. Constitution and Basic Human Rights apply to Chamorro people because the U.S. Supreme Court recognized them and gave us those rights to 2nd class citizenship.

If Chamorro's are recognized as a Native American tribe, members will be incorporated into an already existing federal law called the United States and the Indian naturalization Act. If the United States and Indian naturalization Act applies to members of the Chamorro Tribe, our existence as 2nd class U.S. citizens will end. Members of this Chamorro Tribe will be able to cast their vote for President, we might even get a vote that counts in the Electoral College and we will have equal voting representation in the U.S. Congress.

All it takes to be recognized as Native American is the approval of the Secretary of the U.S. department of interior. It doesn't require an act of congress or special consideration from the president, but if it does happen, Guam and it's Chamorro Native American tribe members will begin to reap real benefits from the federal government.

If Chamorro's on Guam and abroad are recognized as a Native American tribe, members of the tribe would be able to help our island government with the upcoming military buildup, guaranteeing money before, during and after the buildup will stay on Guam. There is existing federal government policy related to the issuance of federal contracts that will help members of the Tribe.

That federal government policy entitles 30 percent of all federal government contracts to be awarded to Native American tribes. Native American tribes are also allowed to bid up to 30 percent over the contract amount and still receive special consideration as a Native American tribe. In fact, there is already a company doing business on Guam as a Native American Alaskan tribe, imagine the consideration they're getting now and the consideration a Chamorro tribe would get if recognized by USDOI? Now that makes dollars and cents instead of dollars and nonsense.

Every year, money from the federal government is appropriated to recognized Native American tribes for schools, homes, businesses, public safety and healthcare. Our healthcare, education and public safety systems in our government could use some extra cash, which will be available if our people are recognized as a Native American tribe.

If you're not a member of the Chamorro Tribe, sign up and get involved. Even the United Nations Expert on Political Status agreed gaining recognition as a Native American tribe was the express lane to equal treatment and equal representation from the U.S. Government. I say we follow his lead, but lead the way for our people.

Written by Greg Schacher I Opinion I Tuesday, 22 December 2009

Marianas Variety Weekend Edition

Though authority granted by the United States Constitution, the Treaty of Paris, and the Treaty of San Francisco; the Congress of the United States of America has the power to determine the political status of this island and her native people.

In 1950 the Congressional Amendment to Title 48 of the United States Code (The Organic Act of Guam) changed our status from United States Nationals to Statutory Citizens of the United States, because Article 14, line 1 of the U.S. Constitution does not recognize Statutory Citizenship as a method of becoming a United States Citizen, we do not enjoy Constitutional rights or protection. We are granted privileges by Congress, which can be taken away from us by the will of the Congress.

In 1995, the United States Congress exercised its authority to determine our Political Status by designating us as - Native American Pacific Islanders, by doing so, the Congress established that the Native Inhabitants of this island should be afforded the same rights, protection, and privileges as American Indians, Alaska Natives, Native Hawaiians, and all other Native Americans.

In 1999 the Supreme Court of the United States of America upheld the decision of the Appellate Court in the case of the Government of Guam, Guam Economic Authority vs. The Unites States of America. In it's decision, the court ruled that the Government of Guam does not have the authority to represent the Aboriginal Rights of the native inhabitants of this island, those rights may only be represented by a Tribe or under special circumstances, a Tribal Member.

We are currently facing a very important event concerning our island and the existence of our culture as well as our race. That is of course the planned military build-up. The relocation of 78,000 non-Chamorro to our island without the institution and enforcement of laws protecting our lands, our water, our culture, and our inherent right to exist, as a race would result in the genocide of our culture and our race. Yet our Territorial Government leaders and the Department of Defense continue to ignore this fact. Although the Chamorro people have been designated as Native Americans, and those Federal Laws already in place, protect the rights of Native Americans, they choose to ignore those laws as well as our inherent rights, while they are busy playing the "who gets what game".

Even more appalling than this situation is the fact that the Department of Interior, who has been assigned Administrative Authority over our island, as well as the responsibility to protect Native Americans, also ignores those laws, our designated status and our inherent aboriginal rights.

A classic example of this is the Draft E.I.S., where in all of the listed concerns which directly involves those aboriginal and inherent rights are to be mitigated with the Government of Guam, not the Native Inhabitants or the Tribe, as ruled by the Supreme Court.

By continuing to ignore our status as Native Americans and continuing to deny us the same rights, protections, and privileges as all other Native Americans, the Departments of Interior and Defense are racially discriminating against the Chamorro people of Guam and promoting the cultural and racial genocide of our people, all with the full support of the Territorial Government of Guam.

It's time for all Chamorro people to pay attention and stand up for our rights. If we don't fight now, our children won't have a future.

Greg Schacher is the Vice Chairman of Chamorro Tribe, Inc.

Written by Steve Limtiaco

Pacific Daily News I Tuesday, 15 June 2010

The Chamorro Land Trust lease program continues to be a false promise to some island residents, who spent thousands of dollars to have their lots surveyed, only to be denied at the tail end of the transfer process. The Chamorro Land Trust holds public land in trust for the island's indigenous Chamorros, who are allowed to apply for agricultural and residential leases of Trust property. The Land Trust also leases commercial property to generate revenue.

Gov. Felix Camacho yesterday announced that legislation to restructure the Chamorro Land Trust Commission was submitted to lawmakers last Friday. "This draft legislation was developed by an active working group committed to changing the way the CLTC does business," he said in a written statement. "The problems that have plagued this program over the past decade will not be solved overnight. We are confident that when this bill is passed, all of the changes will do much to ensure that the CLTC's mandate for the effective and responsible use of our public lands is met now and in the future."

Maps

The Land Trust has been showing land to residents, who have been paying to have the land surveyed and mapped, but the commission now is refusing to sign off on those maps because the property doesn't have the legally required infrastructure. Dededo resident MargaretTaitano said a Land Trust employee showed her an agricultural lot in August 2009. She decided to accept it, despite the abandoned vehicles and other waste that had been illegally dumped there. It was close to a road, had access to power and was near her home, she said last week. Taitano said she wants to create a botanical garden on the property, to grow the types of traditional medicinal plants she said are disappearing from Guam. Taitano said she paid $2,400to have a map made of the one-acre agricultural lot and the adjacent Land Trust lot selected by her sister, Norma.

No infrastructure

The Department of Land Management added a statement at the bottom of the map, Taitano said, requiring Land Trust Executive Director Jesse Garcia to attest that he was complying with minimum subdivision requirements, as stated in Guam law. Garcia wouldn't sign the map, she said, because he felt he would be committing perjury. In Taitano's case, the Land Trust needs to build roads on the Dededo property, as required by the subdivision law, before the map can be legally recorded. The Land Trust can't afford to put in roads and has no plans in place to do so.

"I did my part," Taitano said. "I want my money back, and let them have their property." "She's not the only one with that type of problem," Garcia said last week. He said Taitano was not forced by the commission to pay for a land survey. Taitano signed a document provided by former Executive Director Joe Borja.

Garcia said the Land Trust used to sign leases before maps were drawn and recorded, but there have been problems with the maps. He said there are probably hundreds of unrecorded Land Trust maps at the Department of Land Management as a result. The main problems with the maps is they don't comply with subdivision laws, he said, or the property in question is "unregistered," which means it doesn't officially belong to the government of Guam. The approval process changed when he took over last year, Garcia said, and leases are signed only after maps are recorded at Land Management.

In the works

The solution for all those lease applicants -- money to build roads and other infrastructure to comply with subdivision laws -- is in the works, Garcia said.

The administration last week sent lawmakers proposed rules and regulations for the Land Trust commercial lease program, Garcia said, and the revenue from those leases will pay for infrastructure on Land Trust property. Garcia said the money currently collected from commercial leases of Land Trust property is enough to pay for the Trust's operations, but not enough to pay for anything else.

Problems

The Land Trust's commercial program was shut down last year because of problems with the leases.

The Pacific Daily News last year reviewed all of the commercial leases in the commission's files and found the commission's charges for commercial land are inconsistent; there have been calculation errors when determining fees; and changes approved by the board aren't reflected in the paperwork.

The Land Trust should have been collecting close to $1 million a year, based on the lease documents, but it has been collecting only ha If that a mount.

The legislation submitted to lawmakers on Friday also sets new rules for the commercial lease program -- including standard lease rates for commercial property and public notice when land is classified as commercial. It also would end the current 25-year limit on commercial leases and allow the Land Trust Commission to establish "acceptable parameters" for leases.

Another major issue is the Land Trust inventory, Garcia said. It needs to be cleaned up to verify who is occupying Land Trust property and whether anyone is squatting there. You can't lease someone a lot if someone else is on the site, claiming ownership, he said. A pilot program is being created to identify the types of issues that need to be addressed on Trust property, he said.

Additional Facts

LAND TRUST OVERHAUL

Proposed changes to the Chamorro Land Trust lease program:

Chamorros with residential leases would continue to pay $1 a year for 99 years, but the time and cost of agricultural leases to Chamorros would change. Agricultural leases would be cutto two 40-yearterms. Leases for subsistence agriculture would cost $100 per year. Leases for commercial agriculture would cost $100 per acre per year.

Those who lease Land Trust property for livestock or aquaculture would be required to receive written approval from the commission, based on a review of production and waste management plans and Guam law and permit requirements. There currently is no approval process required by the commission for that type of activity.

The Department of Agriculture no longer would be required to provide trees "free of charge" to those who lease agricultural lands.

The maximum size of lots to be leased for agricultural use would be cut significantly. The current maximum size is 20 acres, but that would be cut to only 10 acres for some types of agricultural use and only three acres for other types of agricultural use.

The current 25-year limit on commercial leases of Land Trust property would be lifted, and the Land Trust Commission would decide the acceptable parameters for terms and conditions of commercial leases. The bill also would create new categories of commercial land -- "premium value commercial land" which can be leased as long as 99 years, and "high value commercial land" which can be leased as long as 50 years.

For the first time, the Land Trust would be allowed to lease property to churches, hospitals, schools, post offices and nonprofit groups, provided it is not "premium value commercial land." The annual lease payment would be between 10 percent and 35 percent of the property's fair market value.

Chamorro Land Trust legislation submitted to lawmakers by Gov. Felix Camacho

• Download the Proposed Reform Legislation Performance Audit Reports

• April 2009 Executive Summary Report

• December 2005 Executive Summary - Non-Appropriated Funds

• October 1, 2005 thru September 30, 2008 Audit Ypao Point Development Proposal

• Power Point Presentation by: Harry Chang

• Chamorro Land Trust Resolution

• Request for information from Mike Phillips

• Informational Memo from the Attorney General

• Memo to Mike Phillips

• Ypao Point Task Recommendations

• GSA Request for Clarification

• Mixed Land Uses

Written by Kevin Kerriagn I PNC News I Tuesday, 15 June 2010 14:40

The Guam EPA would not respond to requests for comment Tuesday from PNC News on the controversy surrounding Balli Steel. Spokesman Gerry Cruz said GEPA has received a letter from Balli's lawyer John Terlaje regarding the possibility of legal action against GEPA over the agency's handling of Balli's Polaris Point junk yard.

Balli spokesman David Bell declined to discuss the action initiated by their lawyer. However, in a telephone interview, Bell countered Senator Ben Pangelingan's suggestion Monday that Balli had lost its lease on its Ancestral Land property at Polaris Point.

Balli's Polaris Point junk yard is supposed to be the centerpiece of the Mayor's Abandoned Vehicle Collection Program, a program in limbo because GEPA shut the yard down in April for violations and they have not given Bali the OK to re-open it yet.

Ancestral Land Commission property is administered by the Guam Economic Development Authority [GEDA]. Bell says that Balli has been paying $3,500 a month for using the Ancestral Land property. Bell provided a copy of the lease agreement, which shows that it expired yesterday, Monday June 14th, 2010. However, Bell explains that it is a continuing lease which has not expired.

Read the lease agreement

Bell acknowledges that Balli has also been assessed an additional $1,500 dollars a month after GEDA determined that Balli was using more land than originally authorized. Bell says Balli does not dispute the additional assessment but acknowledges that they have had difficulty paying it and they are behind in those payments. The record of payment provided by Bell shows that Balli is in arrears by $53,000.

Read Balli Steel's record of payment

However, GEDA Spokeswoman Rita Nauta, told PNC News in an email: "In response to your inquiry regarding the status of Balli Steel's lease for the Piti property under the Ancestral Land Use Commission, GEDA has issued a Notice of Default under the lease agreement. We have since referred this matter to our legal counsel for review."

Rita Nauta Marketing & Communications Manager Guam Economic Development Authority Aturidad lnadilanton lkunumihan Guahan. But Bell responds that Balli has communicated with GEDA and has continued to make payments as scheduled and GEDA has accepted those payments. Bells says that GEDA appears to be satisfied that the lease is still in effect, as is Balli Steel. Bell also acknowledged that Balli has an interest in Hua Mei's junk yard site on Batulo Road in Dededo. But he says that yard has been shut down for months and is no longer receiving any junk.

Bell said that "Mike" Mei had authorized Balli to use the yard a few years ago when Mei left island. He says that Balli sought and received permission from the Chamorro Land Trust Commission Chairman to use it. The site that Balli, and previously Hua Mei, occupy in Dededo; as well as the land used by neighboring Global Recycling on Betulo Road, is all Chamorro Land Trust property.

Yet, documents provided to PNC News show that Hua Mei's solid waste permit for its Batu lo road junk yard expired 17 months ago, in December of 2008. Because it is Chamorro Land Trust Land, GEPA in March of this year, cited CLTC for allowing solid waste to accumulate on the site. In addition, GEPA cited the CLTC for allowing Balli Steel to use Hua Mei's junk yard without a valid License Agreement and without a valid Solid Waste Management Agreement.

The GEPA citation states that the CLTC allowed Balli Steel to collect, store and process solid waste on the site in a manner that degraded the environment and created a health and safety hazard. GEPA's citation against the CLTC orders the commission to stop Balli, Hua Mei and Global from accepting anymore junk on CLTC land; to post "No Dumping" signs; to remove overgrown vegetation and to come up with a work plan to segregate and remove the co-mingling wastes. It would be a herculean task which CLTC Director Jesse Garcia told PNC News on Monday is beyond the capacity of the CLTC to do.