Maintaining MPLA’s autonomy for a reason

Section 4 (f) of Article XI of the CNMI Constitution sought the abolition of the now defunct Marianas Public Lands Corporation “after this Constitution has been in effect for at least 12 years.” During the administration of former Gov. Froilan C. Tenorio, Executive Order 94-3 dissolved the MPLC and transferred its functions to the Department of Lands and Natural Resources, establishing what was then known as the “Division of Public Lands.” The 10th Northern Marianas Legislature enacted Public Law 10-57 (which the former governor vetoed but was overridden) reestablishing the Board of Public Lands and, in a way, legalizing the governor’s E.O. through legislative action. Nonetheless, it was not until the tenure of the 12th Northern Marianas Commonwealth Legislature, did the members of the Legislature realize that “an inherent conflict existed by placing the Board of Public Lands and the Division of Public Lands within the Department of Lands and Natural Resources.” As a result, Public Law 12-33 or the “Board of Public Lands Act of 2000” was enacted. Subsequently, another public law (Public Law 12-71) was executed, in effect, affording the Board of Public Lands broad powers over its operations, and the leasing of public lands.

Understanding the history of the Marianas Public Lands Authority highlights the importance of keeping this agency free from the political will, interference, and possible corruption it once was subjected to while under the rule of previous administrations. Hence, I firmly believe that the Marianas Public Lands Authority should and must remain autonomous for the following reasons:

First, as the public land agency’s history will illustrate, the Executive Order that was executed back in 1994 achieved nothing but politicized the Division of Public Lands’ operations and functions for the benefit of a “selected few.” A selected few who took advantage of this Executive Order and enriched themselves by engaging in many highly questionable public land transactions all the expense of the entire NMI descent population.

Second, as you would see, neither the Executive Order nor Public Law 10-57 produced recognizable positive results for the public land agency or served the best interests of the entire NMI descents. How many land compensation checks were issued during this time? How many leases were executed? Most importantly, how many homestead lot permits were issued and homestead subdivisions developed? On the same topic, how many “illegal” land exchanges, homestead waivers, homestead permits, and public land encroachment citations issued were conducted during this same period?

Third, at this juncture, the Office of the Attorney General is raising the issue of the costs of legal expenses being incurred by the MPLA annually. In fact, the AGO is offering legal services to the MPLA “free of charge” in exchange for the termination of the contracts MPLA has entered into with its present legal team. Now, how can the MPLA accept the AGO’s offer when at the same time, this office is currently suing the Marianas Public Lands Authority? In other words, is the MPLA to assume that if the AGO’s offer is accepted, the latter will be dropping its lawsuit against the agency?

Finally, the CNMI government should learn from the mistakes of the past and keep this office independent from the pressure of politics, outside forces and influences, including the Attorney General’s Office, which is currently meddling in the operations of the agency. The MPLA is working toward the benefit to the entire NMI descent population and equally protecting the best interests of this indigenous group.

“The mission of the Marianas Public Lands Authority, as trustees for submerged and surface public lands, is to develop and implement a strategic land use plan that promotes cultural and economic growth for the benefit of our present and future generations. The plan provides for the efficient and effective services in the management, use, disposition and development of our lands for the economic and social betterment of our islands.” In order to achieve this mandate, the MPLA should and must remain autonomous.

Connie Cabrera Togawa