Demapan: 902 consultation needed on land acquisition

Rep. Angel Demapan (R-Saipan) remains skeptical about a U.S. congressional amendment that will require consultation between the U.S. Secretary of Defense and the CNMI governor on land acquisitions.

In a statement yesterday, Demapan said that Section 902 of the Covenant already provides the highest level of consultation between special representatives appointed by the President of the United Sates and the governor of the CNMI.

Demapan, chairman of the House Committee on Federal and Foreign Affairs, said that among the fundamental provisions embedded in the Covenant is the importance of the ownership of land to the culture and traditions of the people of the Northern Mariana Islands and that the U.S. will continue to recognize and respect the scarcity and special importance of land in the Commonwealth.

“The 902 consultation is the highest degree of consultation we can ask for,” said Demapan. “In fact, the 902 consultation is an authority unique only to the CNMI as other states and territories do not have this benefit to avail of.”

Demapan maintains that the proposed amendment in House Resolution 1735 “effectively undermines the importance and of the Covenant’s protections for our self-governing status, especially when the acquisition of additional lands for military use is in conflict to the agreements made within.”

“Proposing a new law for consultation harms the legitimacy of requesting for a 902, which is a more appropriate forum for the Commonwealth as it shifts the balance of the conversation to our concerns instead of the Commonwealth commenting on military plans already in place.”

Demapan believes that “the sanctity of the Covenant must be upheld and not downgraded to subject the governor to consult at the level of a department head,” especially when it involves the masses of land the military intends to acquire.

Demapan said in view of this, he plans to discuss with the administration of Gov. Eloy S. Inos a plan to formally request President Barack Obama for a 902 consultation.

Delegate Gregorio Kilili C. Sablan (Ind-MP) earlier said the amendment to H.R. 1735 of this year’s National Defense Authorization Act actually strengthens, and does not “undermine,” the position of state and commonwealth governments.”

Sablan said the U.S. Defense Department is already barred from any major land acquisition anywhere in the United States without first getting specific approval by Congress and the President, enacted in law.

But with the provision, the military may soon face another hurdle, as it will require the Secretary of Defense to consult with the governor of the state or commonwealth where the land is located to consider all the options for locating military installations and activities before going to Congress for permission.

“Let me be very clear: The proposed consultation requirement in this year’s Defense Authorization adds to existing law. Nothing is revoked. U.S. law still requires that Congress and the President enact a law before there can be any major land acquisition.”

In addition, Covenant Section 806(b) also specifies that the U.S. will acquire no interest in real property in the Northern Mariana Islands unless authorized by Congress and unless Congress also appropriates funds for the acquisition, Sablan pointed out.