Submerged lands bill heads to US Senate

Delegate Gregorio Kilili Sablan’s (Ind-MP) bill conveying 3 miles of submerged lands to the CNMI now heads to the U.S. Senate after the U.S. House of Representatives passed it Monday by a unanimous vote of 397-0, drawing applause from CNMI officials, although some of them want the Commonwealth to eventually own submerged lands 200 miles out from the shoreline.

Sablan said that H.R. 670 provides equity to the CNMI people because the Northern Marianas is the only one among U.S. coastal areas that does not control its own submerged lands.

In the previous Congress, Sen. John McCain (R-AZ) put a “hold” on a similar CNMI submerged lands bill, using it as a bargaining chip for an Arizona lands bill he wanted enacted. When McCain finally released the bill, it was too late for action before Congress adjourned.

Sablan said that HR 670’s passage “would put the CNMI government in charge” of lands 3 miles out from the shoreline of its 14 islands.

The bill’s number is coincidentally also the CNMI’s area code of “670.”

Press secretary Angel Demapan said yesterday that Gov. Benigno R. Fitial “is pleased to learn that U.S. Congress agrees with the Commonwealth as evidenced in the bill’s passage.”

Fitial submitted in May his written testimony in support of HR 670, which he said “finally afford[s] the people of the CNMI with the sense of equality it has pursued in an effort to seek equal footing with the coastal states and territories of the United States.”

“All the other states and territories of the United States have long been granted and have long enjoyed the full right, title, and interest in their adjacent submerged lands,” he said in his testimony.

The governor had said the CNMI should be afforded the same rights granted to all coastal American states under the Submerged Lands Act, which includes 27 percent of all federal rents, royalties, and revenues paid annually to coastal states and full right to 3 miles of submerged lands.

Fitial told Congress that HR 670 will help the CNMI in its efforts to protect and conserve its pristine natural resources.

“Although scarce in land, the adjacent waters and submerged lands of the CNMI are abundant in natural resources and marine life,” he said. “Maintaining the health and abundance of the reef and sea is critical to the economy of the CNMI. Tourists come to enjoy its sights while people depend on a steady supply of fish for their sustenance and diets.”

Sablan, in his statement of support for HR 670, used the example of Louisiana to demonstrate the important role that submerged lands could have for economic development.

He said in 2006, Louisiana leased 392,118 acres of its submerged lands for oyster harvest, profiting the state and providing an economic opportunity for holders of 8,167 leases.

“Other coastal jurisdictions have similar stories to tell about the important role that coastal lands and waters can play in creating jobs and contributing to the economy,” Sablan said.

Since a 2005 court ruling, the federal government has controlled all the lands and waters right up to shoreline of the Northern Marianas.

“The federal government does nothing with the potential of these lands. H.R. 670 would put the local government in charge. We would be free to develop offshore wind farms or other energy alternatives, and responsible for protecting the rare marine environment, which is both our legacy and trust, and also makes our islands alluring to tourists,” he added.

Senate President Paul Manglona (Ind-Rota) and Rep. Ray Yumul (R-Saipan) congratulated Sablan for moving a submerged lands bill in the U.S. House of Representatives.

“The CNMI government is pursuing this for many years. .There’s light at the end of the tunnel,” Manglona said.

He said Sablan is being realistic by starting with “3 miles.”

“I know he’s not going to stop until it becomes law,” he said.

Rep. Frank Dela Cruz (R-Saipan) said he hopes the U.S. Senate will follow the U.S. House’s step.

“Although it’s only 3 miles, it will be a positive start for the CNMI,” he said.

Although he supports 200 miles of control for the CNMI, Yumul said “this is a start in the right direction.”

House minority leader Joe Deleon Guerrero (R-Saipan) also hopes the U.S. Senate will pass the bill this time around.

While he’s glad that HR 670 passed the U.S. House, Rep. Stanley Torres (Ind-Saipan) said that Sablan should not stop at 3 miles.

“We should be asking at least half or 100 miles of the maximum 200 miles, and give the other half to the federal government,” Torres said.

‘Disappointed’

House vice speaker Felicidad Ogumoro (Cov-Saipan) said while she appreciates the action of the U.S. House, she “cannot accept that the U.S. Congress will deprive the people of the Commonwealth of their rights to the adjacent waters and submerged lands in the Northern Mariana Islands.”

Ogumoro, a strong advocate of indigenous rights, said the 3 miles represents only a fraction of what rightfully belongs to the people of Northern Marianas descent.

“I am extremely disappointed that the U.S. House of Representatives has disregarded what was agreed to in the Covenant, which was signed in 1975 between the United States and the people of the Northern Mariana Islands. Since when did the U.S. become the rightful owner of our submerged lands?” she asked.

Ogumoro said that pursuant to Article 8, Sections 801 through 803 of the Covenant and Article 11 of the CNMI Constitution, the submerged lands and the waters adjacent to the Northern Marianas belong collectively to persons of Northern Marianas descent.

“The United States Congress must respect what was agreed to in the Covenant, and take whatever action is necessary to reverse the 2005 decision of the U.S. 9th Circuit of Appeals which contradicts the Covenant-the decision which deprives the people of the Northern Mariana Islands of their rights to the adjacent waters and submerged lands in the Commonwealth,” she added.

‘Thank you’

In a statement, Sablan thanked the Republican chairmen of the Natural Resources Committee, Doc Hastings of Washington, and the Fisheries, Wildlife, Oceans, and Insular Affairs Subcommittee, Dr. John Fleming of Louisiana, for their support in moving the bill out of committee and on to the floor of the House for debate.

He also thanked Democratic Ranking Member of the Natural Resources Committee, Ed Markey of Massachusetts.

Sablan himself is ranking member of the Fisheries, Wildlife, Oceans, and Insular Affairs Subcommittee.

HR 670 now moves to the U.S. Senate where companion legislation, introduced at Sablan’s request, has already had a hearing before the Senate Energy and Natural Resources Committee. The bill was introduced by the chairman and ranking member of that committee, Sens. Jeff Bingaman (D-NM) and Lisa Murkowski (R-AK).