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Bill requiring DPL to consult mayors vetoed
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Posted on Jul 24 2008
Gov. Benigno R. Fitial has vetoed a bill requiring the Department of Public Lands to consult each respective mayor before taking any action on public lands in his or her municipality.
Fitial said the bill “impedes in the progress and development of the DPL and it violates the Constitution.”
In his veto message to Senate President Pete P. Reyes and House Speaker Arnold I. Palacios, the governor said that requiring the DPL secretary to adhere to the mayors’ position would only add another layer of bureaucracy in managing public lands.
He noted that the law, which created DPL, already provides a mechanism to ensure DPL complies with its fiduciary duties by providing for an advisory board that includes members from each municipality.
“Imposing this additional requirement on the DPL exposes both the mayors and the DPL to more fractured political considerations, which is clearly undesirable and an impediment on the DPL’s progress and development,” said Fitial.
He further argued that the measure violates the Constitution, which designates the management of public lands to the Executive Branch.
“The measure would change that constitutional mandate as it will allow the mayors to share management authority, which is in direct violation of the Constitution,” said Fitial.
The disapproved bill would have required DPL to give the respective mayors a 20-day review and comment period before taking final action on lease, homestead, or any other decision concerning the use of public lands in the Commonwealth.
The bill, sponsored by Sen. Henry San Nicolas, is designed to ensure that “due consideration [is given] to the position of each of the municipalities of Saipan, Rota, Tinian and Aguiguan, and the Northern Islands with respect to proposed action affecting public lands in the respective municipality.”
Public Lands Secretary John S. Del Rosario has opposed the proposal for the same reasons cited by the governor.
