Lawmakers eyeing DLNR to ‘handle’ landing fees

Rep. John Paul Sablan (R-Saipan) and other members of the Saipan and Northern Island Legislative Delegation are looking at amending a law to allow the Department of Lands and Natural Resources to be the administrator of landing fees at Managaha Island.

Sablan

The SNILD chair, however, clarified that everything is not final and the topic is still being explored.

“This (amending the law) is perhaps a better option than filing a certified question to the Supreme Court,” Sablan said.

The lawmaker said that until now, the Legislature continues to discuss what the certified question will contain. Filing the certified question is also an altogether different process that will take more time.

“The certified question is still pending and our legal counsel is still looking at it. The certified question might take a longer time, than just amending the law,” Sablan said.

Commenting on the possible legislation, Department of Public Lands Secretary Pete A. Tenorio said there has already been a “slip opinion” from the Supreme Court that Managaha is a land, dry land, not submerged, and all dry lands are managed by the DPL.”

Tenorio said he will consult with the CNMI Attorney General “soon.”

But the official said the problem is that “if something is against your political will, you just want to change it.”

“Let us go with that the Constitution says and let us not change the definition of what ‘dry land’ is,” Tenorio said. “The Constitution is very clear.”

Landing fees
Saipan Local Law 18-19 mandates the DPL to distribute $800,000 to more than 200 Saipan families.

The payments will come from “landing fees” that are generated from tourists visiting Managaha Island, a prime tourist spot in the CNMI.

But the payments have been delayed because questions about the local law itself have risen, including whether these landing fees are considered land leases or fees and whether they could be used to pay for land compensations.

The $800,000 land compensation payments will come from $1 million in landing fees that the government, through the DPL, currently holds.

Since September 2014, the administration of Gov. Eloy S. Inos has been considering going the route of a certified question to get legal guidelines for pending judgments or obligations such as land compensations.

Gilbert Birnbrich, the former attorney general, earlier said the public law runs counter to the CNMI Constitution.

He said a certified question before the Supreme Court will put finality not only to the much-debated land compensation law but also any law and future laws that appropriates money from the Managaha landing and users fees.