Bills to frustrate DPL’s powers gain traction

Bills to hamstring the powers of the Department of Public Lands are gaining traction among House committee members assigned to review these bills for possible introduction and action on the floor. Both House majority and minority bloc members are eyeing mandates to limit the authority of the DPL secretary, and possibly abolish the department that lawmakers believe has shown inconsistency with land policy and the need for an advisory board.

Lawmakers yesterday finalized a date for a public hearing for House Bill 19-82, which would abolish the Department of Public Lands and establish in its place the Marianas Lands Corp. with a board of trustees.

That hearing is set for next Monday, Dec. 7.

Lawmakers are also looking to uncover an alleged underreported use of lease revenues by the department that amount to the “millions” that should have been remitted to the Marianas Public Land Trust.

Rep. Edwin Aldan (R-Tinian), who chairs the Natural Resources Committee, said yesterday that they have tasked a legal counsel to review a thick packet of pending and existing leases under DPL.

“How do they collect the payments? Where does it go? How long does it take to get to the [Marianas Public Land Trust]? Those are the issues,” Aldan told Saipan Tribune. “We are hearing that DPL keeps more than what is intended. We wanted to look at the existing leases and find out what is the number at the end of the fiscal year.”

The committee’s majority members—Reps. Joseph Leepan Guerrero, Angel Demapan, Aldan, and Felicidad Ogumoro—along with House minority bloc members Reps. Blas Jonathan Attao, Vinson Sablan, and Anthony Benavente attended the meeting yesterday.

On the bill to abolish DPL, a public hearing was held recently on Rota, where the mayor had shown support for the bill, Aldan said.

The secretaries of the departments of Public Lands and Lands and Natural Resources, along with the Saipan Chamber of Commerce, Marianas Visitors Authority, the CNMI Attorney General’s Office, the Saipan and Northern Islands mayors, and other agencies like the Indigenous Affairs Office will be invited to speak at the hearing next week.

House Bill 19-79, which would establish legislative oversight over any proposed lease up to one hectare, will be discussed further today. Right now, any lease under five hectares does not need lawmakers’ approval.

“We hear a lot of things that scare us, that DPL goes out and negotiates these things,” Aldan said. “We don’t want to interfere with the statute right now. But some of the ways these leases have been done is a public concern.”

For one, DPL’s proposed lease for a new dock in Puerto Rico—which has drawn the objection of the Commonwealth Ports Authority, as it already has jurisdiction over a dock in the area—caught Aldan by surprise.

“That’s a very big issue. You have the dock on the other side and here comes DPL leasing public land to compete with our commercialized dock.”

Aldan noted DPL can cause problems when it goes out of its way before informing other agencies of its intent.

Report on existing leases

The issue of the alleged underreported use of lease revenues was tabled yesterday for discussion this afternoon.

In meetings between DPL Secretary Pete A. Tenorio and the Natural Resources Committee over the last few years, Tenorio has openly disclosed the existence of time certificate deposits, whose monies amount in the “millions” and should have, according to lawmakers, gone straight to the Marianas Public Lands Trust, Saipan Tribune learned.

It was discovered that separate $6 million and $8 million TCD accounts have been set up with the Bank of Saipan by DPL, Saipan Tribune learned.

In an interview, Guerrero said they are looking into whether there were misappropriations or errors in accounting.

“We are hoping tomorrow’s NRC meeting will have this information,” he said.

Advisory board

For his part, Guerrero said the Inos administration should look into appointing an advisory board for DPL as mandated by Public Law 15-2.

DPL has been operating and making independent decisions directly related to the management and disposition of public lands without the presence, input, advice of, or vote by the Public Lands Advisory Board as required by Public Law 15-2.

With a board, the CNMI could have avoided the controversy over the RFP issue over public lands held by Kan Pacific, owners of the Mariana Resort & Spa in Marpi. The board would also be able to settle the upcoming renewal of public lands of other hotel investors, Guerrero said.

During the committee meeting yesterday, Guerrero also raised issue with a quarry in Kannat Tabla that he said DPL secures a month-to-month lease for. Guerrero asked why there was no competitive bid process for this quarry. He said the DPL secretary “is very gung ho with this request for proposal” policy but that it’s been over a year now and the quarry has been maintained on a month-to-month lease.

Right now, the DPL secretary acts like both secretary and an advisory board, Guerrero later told reporters.

“He can’t be judge and juror” at the same time, he said.

An email sent to DPL yesterday requesting comment on the lawmakers’ concern was not responded to as of press time.