Delay in signing of mitigation bank pact hit
Senate Floor Leader Pete P. Reyes has lamented the failure of the U.S. Fish and Wildlife to sign the Saipan Upland Mitigation Bank Agreement which has resulted in serious delays and cancellations of development projects.
In a letter to Robert Smith, Pacific Islands manager, Mr. Reyes expressed his disappointment over the indecision of the former’s office to complete the agreement which would have paved the way for the construction of the Marpi landfill.
The Legislature had put in place a measure that will create the mitigation bank several years ago and has even set aside lands for such purpose following the request of the U.S. Division of Fish and Wildlife.
But Mr. Reyes, chair of the Senate Committee on Resources, Economic Development and Programs, said three years of negotiation and review of the draft SUMBA document is more than sufficient for both the federal and CNMI governments to be able to arrive at an agreement.
The U.S. Fish and Wildlife has refused to give its final nod on the Marpi landfill project as it expressed apprehension on its effect on the endangered nightingale reed warblers, a type of bird found only in the Northern Marianas.
Without the completion of the Marpi landfill, the CNMI government will not be able to work on the closure of the Puerto Rico dump, which is considered environmental and health hazards in the community.
Without the SUMBA, permit applications for earthmoving and other related clearing work in known endangered species areas could not be issued by the U.S. Fish and Wildlife.
With the continued delay in the signing of the SUMBA document by the federal officials, the CNMI government may be forced to terminate all of its affected land leases and may be liable for millions of dollars in damage claims because it has reneged on its obligations under the leases guaranteeing issuance of development permits.
Developers are granted limited leasehold period to develop public lands and the unreasonable delays have made most projects economically unfeasible, leading the investors to abandon their plans.
Likewise, other government-sponsored projects like public homesteads and housing development could not be implemented without the agreement.
When the CNMI Legislature agreed to cooperate with the U.S. Fish and Wildlife by enacting the legislation establishing the mitigation bank, Mr. Reyes said it was just proper that the agency reciprocates it by completing the agreement at the earliest possible time to free stalled development projects.
“Critical economic development projects as well as public projects are held hostage by the lack of what I considered to be straightforward agreement,” he said.
