AGO: 3 options in having DLNR control marina

Several methods are available for the government to have the Department of Lands and Natural Resources control the Outer Cove Marina, rather than the Marianas Public Lands Authority, according to the Attorney General’s Office.

Attorney General Pamela S. Brown cited this as one of the three options the administration could consider in order to bring the control of the Outer Cove from MPLA back to DLNR. She issued the legal opinion in response to a request made by Lt. Gov. Diego T. Benavente.

In the opinion, Brown recalled that the DLNR entered into a lease agreement with the Marine Revitalization Corp. for the use of submerged lands to develop Outer Cove.

However, MRC and the government had a dispute over the interpretation of the lease. An arbitration began in January 2002 and was completed in October 2004, with the arbitration panel deciding in favor of MRC and awarding monetary damages to MRC. The panel also rescinded the lease, which resulted in the return of the submerged lands to the control of the Commonwealth.

Pursuant to Public Law 12-33, or the Board of Public Lands Act of 2000, MPLA should have control of the CNMI’s submerged lands.

However, there are methods available to the government if its desire is to have DLNR, rather than MPLA, control and manage Outer Cove, Brown said.

Describing the method as “most cumbersome,” Brown said the government may amend P.L. 12-33 to specifically exclude the Outer Cove submerged land from the other submerged lands MPLA is tasked to manage.

Another method, she said, is for the governor to issue an executive order modifying the duties of MPLA by removing all submerged lands with marinas currently constructed on them from MPLA’s jurisdiction and transferring the management authority over these lands to DLNR.

“Issuing an executive order will require 60 days from the issuance of the order before it will become effective, if there is no adverse action taken by both houses of the legislature,” she said.

According to Brown, the third method is to have the MPLA Board of Directors voluntarily transfer the submerged lands containing the Outer Cove to DLNR with the authority to manage the land. She said the extent of the interest in the land MPLA transfers to DLNR can be subject to negotiations.