DPL, OAG slammed for allegedly violating law

Lawmakers slammed yesterday the Department of Public Lands and the Office of the Attorney General for violating—since at least Saturday—a local law requiring DPL to distribute $800,000 in Managaha landing fee to pay over 200 Saipan landowners whose properties were used for public roads, wetlands, and ponding basins.

Reps. Ralph Yumul (Ind-Saipan) and Ray Tebuteb (Ind-Saipan) separately raised concerns that OAG or the acting attorney general as the “highest law enforcer in the CNMI” failed to enforce Saipan Local Law 18-19.

Yumul and Tebuteb said not only did OAG or the acting AG failed to enforce the law, but was also the one who advised DPL not to distribute the payments even though the local law requires such payments on or before Sept. 19.

“It’s mind-boggling,” Yumul told Saipan Tribune. “When government officials take the oath of office, they promise to uphold the law. If they cannot uphold the law, then they should step down.”

Yumul and Tebuteb said if OAG or the acting AG does not enforce the law, “then who will?”

Tebuteb said it seems like “history is repeating itself,” with the Executive Branch and the AG “violating the law instead of enforcing the law.”

The local bill became Saipan Local Law 18-19 on July 19 without the governor’s signature. It requires DPL to distribute $800,000 in Managaha landing fee for land compensation within 60 days from the bill becoming law.

The 60th day came and went on Friday without land compensation payments, and the actual law violation started on Saturday, Tebuteb said.

Tebuteb reiterated yesterday that Gov. Eloy S. Inos, with the acting AG’s advice, had the prerogative to veto the bill if they believed it was unconstitutional.

Instead, the governor allowed the bill to automatically become local law on July 19.

Moreover, as of yesterday, there’s no certified question submitted by opposing parties to court to determine whether the local law is unconstitutional or not.

“Absent such certified question, there is already a local law in place. And that local law is being violated. Facts are facts. The local law says DPL has to distribute the land payments but DPL did not do so,” Tebuteb said, referring to a press statement by DPL stating that it was advised by OAG that the local law requiring the land compensation payment is unconstitutional.

Tebuteb said a Senate committee public hearing this Thursday on the governor’s nomination of Gilbert Birnbrich as CNMI attorney general is an “appropriate” time to ask the nominee why he as acting AG is not making sure that laws are complied with.

“As the acting AG and as a person nominated to become the CNMI’s highest law enforcement officer, the Senate committee members, especially those that are members of the Saipan legislative delegation, should ask Mr. Birnbrich about this. The AG or the acting AG needs to ensure that laws are enforced and followed, no violated,” Tebuteb added.

The Senate Committee on Executive Appointments and Governmental Investigations, chaired by Sen. Frank Cruz (R-Tinian), will hold a public hearing on Birnbirch’s nomination on Thursday, Sept. 25, at 1pm on Capital Hill.

Besides those owed land compensation payments on Saipan, other intended beneficiaries of Saipan Local Law 18-19 were the NMI Museum of History and Culture and the Northern Marianas Descent Corp., which were supposed to get $100,000 each by mid-October.

DPL, in a statement, said OAG advised the department that making payments from the Managaha landing and user fees pursuant to SLL 18-19 “would be an unconstitutional act.”

The department said the question revolves around whether the Managaha landing and user fees are revenues generated from the management and disposition of public lands, which DPL is constitutionally required to remit to the Marianas Public Land Trust, or whether the Legislature may appropriate such funds.