Beachfront Lease Act proposal violates constitution

Emphasizing that it violates the CNMI Constitution because it would mean the transfer of public land interest to the private sector, the Department of Lands and Natural Resources has strongly opposed the passage of the Beachfront Lease Act of 2000.

In a letter to Rep. Dino Jones, chair of the Committee on Judicial and Government Operations, the DLNR cited Article XI, Section 5 of the CNMI Constitution which prohibits the Board of Public Lands from transferring interest or erection of any permanent structure in public lands located within 150 feet of the high water mark of any sandy beach, except in cases that the board may authorize construction of facilities for public purposes.

DLNR Secretary Joaquin A. Tenorio has also expressed concern on the effect of the proposed measure on the department’s ability to review and approve activities occurring in the nearshore waters or on the beach that may have an adverse impact on the marine resources in these areas.

Currently, the Division of Fish and Wildlife has the authority to review and approve any activities occurring in the nearshore waters or on the beach that will affect these marine resources.

By granting hotels the exclusive rights to this property under HB 12-098, Mr. Tenorio DFW may be prevented from limiting what the property owner could do, including construction of facilities.

Earlier, the Coastal Resources Management Office, the Hotel Association of Northern Mariana Islands and the Women’s Affairs Office have similarly asked the House of Representatives to junk the legislation because it will limit the community’s access to the island’s beaches where most hotels are located.

Keeping the surroundings clean should be the responsibility of everyone in the community and does not need any legislation to make sure that these private properties are maintained. So far, HANMI has been successful in maintaining their facilities as well as their beach front properties.

Ron D. Sablan, president of HANMI, said the association “does not want to restrict beach access to the community nor do they feel that they need exclusive rights and the liability associated with any additional lease area on the beachfronts.”

While HANMI agrees on the intent of HB 12-098 to encourage proper maintenance of the beaches, Mr. Sablan said giving the hotels exclusive rights to the beachfront may also have a negative impact on the community. (Lindablue F. Romero)