House focuses on constitutionality of MPLA

The House of Representatives is mulling over the suggestion that the creation of the Marianas Public Lands Authority may be unconstitutional.

Rep. Edwin P. Aldan, chairman of the House Committee on Natural Resources, has asked MPLA’s legal counsel to provide the panel with a legal opinion whether the authority was consistent with the CNMI Constitution, specifically Section 4(f) of Article XI.

Attorney Howard Willens, who served as legal counsel to the First Constitutional Convention, brought the matter to the Legislature’s attention in a public hearing last Friday regarding MPLA’s abolition.

Willens cited the constitutional provision, as amended in 1985, which reads: “After [the then Marianas Public Lands Corporation] has been effect for at least 12 years, the corporation shall be dissolved and its functions shall be transferred to the executive branch of government.”

In a letter to MPLA attorney Ramon Quichocho, Aldan recalled that MPLC was dissolved by executive order in 1994 and its power and responsibilities were assigned to an office within the executive branch of the CNMI government.

He added that, several years later, MPLA was created as an autonomous agency to be responsible for the administration of public lands in the Commonwealth.

“Please provide us with your legal opinion whether the authority complies with Section 4(f) of the Constitution and any legal authorities that support your conclusion,” Aldan said.

In a separate letter, Aldan asked MPLA chair Ana Demapan-Castro to furnish his committee copies of documents relevant to allegations of abuse of public funds and nepotism made against MPLA.

Aldan requested a copies of MPLA’s financial statements for fiscal years 2003, 2004, and 2005; MPLA budget for FY 2006; a list of all the relatives of the members of the MPLA board and the commissioner hired by MPLA during the last four years; a list of land compensation applications since FY 2004; documents reflecting the balance of the $40-million land compensation fund; a list of applications for land exchange since FY2003; and a copy of the July 30, 2003 memorandum designating the MPLA chairwoman to head the agency’s personnel committee.

The House Committee on Natural Resources and the Senate Committee on Resources, Economic Development and Programs held the last public hearing yesterday on the pending bills that would abolish MPLA. The public hearing was held on Tinian.