Torres disapproves bill that would OK projects in conservation areas on Rota

Ralph DLG Torres

Citing constitutional issues raised by the attorney general, Gov. Ralph DLG Torres has vetoed a Senate local bill that seeks to amend the prohibitions of certain activities within the conservation areas of Sabana Heights, Talakhaya, and I Chenchon Park on Rota.

Torres recently informed Senate President Jude U. Hofschneider (R-Tinian) and Rota Legislative Delegation co-chairs Sen. Teresita A. Santos (Ind-Rota) and Rep. Donald M. Manglona (Ind-Rota) that he disapproved Senate Local Bill 22-2,D1, which the delegation had just passed.

The governor noted that this local bill encroaches on the authority of the Department of Natural Resources and its accompanying regulations in the NMI Administrative Code. He said the exercise of DLNR’s authority over conservation areas and activities is firmly committed to the discretion of the DLNR secretary as outlined in Commonwealth law and does not require the approval of the Rota Legislative Delegation or the Rota Municipal Council.

Torres said if the authority of the DLNR secretary over conservation areas is to be restricted—as contemplated in Senate Local Bill 22-2, D1—the entire CNMI Legislature should enact a Commonwealth law to make such changes in DLNR’s jurisdiction. The governor said the enactment of a local bill cannot override the authority and jurisdiction given to DLNR under Commonwealth law.

Furthermore, Torres said, under the Local Law Act, although local delegations may enact several types of conservation measures, they cannot contravene Commonwealth law. He said local bills on conservation matter must be more restrictive than Commonwealth law.

Santos, who introduced the bill, stated in the legislation that, although the conservation area is important and the protection of the aquifer is equally important, the delegation also finds it is important to allow carefully-planned projects that have minimal impact on the conservation area and the aquifer. Santos said the purpose of the bill is to exempt certain projects within the conservation area.

Under the bill, the DLNE secretary, director of Fish and Wildlife, and DLNR’s Rota resident director shall allow the development of some municipal projects within Sabana Heights, Talakhaya, and I Chenchon Park but will develop plans and procedures to reasonably minimize the impacts on the plants, wildlife, soil, rocks, landscape, and the aquifer. The proposed projects include:

• Installation of the Department of Fire and Emergency Medical Services-Rota Emergency Repeater System;

• Department of Public Safety-Rota Shooting Range expansion and improvement;

• Mayor of Rota Freedom is Nature 360 Trail and Overlook;

• Coffee Project, and

• Organic farming.