Teno OKs independent public lands office

Gov. Pedro P. Tenorio reluctantly signed a law granting more autonomy to two agencies dealing with public lands in the Northern Marianas, expressing doubt whether such proposal is the best solution to problems hounding administrators of these scarce resources.

Public Law 12-33, otherwise known as the “Board of Public Lands Act,” severs ties of the Division of Public Lands and its policy-making body with the Department of Lands of Natural Resources to create a single independent agency.

Sponsored by House Vice Speaker Alejo M. Mendiola, the new law is intended to avoid potential conflict in administering public lands which legislators maintained is inherent in the current system where the executive branch has authority over DPL and BPL.

“It is difficult to foresee whether this is the best route to resolve the problems that we have encountered and continue to encounter under PL 10-57,” Mr. Tenorio said in signing the law.

“However, the only way to find out is to allow the implementation of this legislation to take place,” he added.

The governor was referring to the 1996 law that mandates DLNR to implement the policies set out by the board — a setup that legislators claimed may result to conflict with the administration when they clash in opinions since the department secretary serves at the pleasure of the governor.

The split and the establishment of Office of Public Lands will hopefully avoid such situation and help ensure that public land policy is dictated by an independent board, according to lawmakers.

Under the new law, the office is headed by Public Lands Administrator and is to be established under the control and general supervision of the Board to implement policies and enforce decisions, rules and regulations.

More work

But Mr. Tenorio raised concerns over the move, citing possible constitutional question regarding the creation of an independent board carrying out executive functions within Executive Branch.

“The issue of public lands is a difficult area to simply address with a stroke of a pen. It involves comprehensive review and testing of various routes in order to arrive at the best solution that will protect the interest of the Northern Marianas people,” he said.

The local chief executive prodded the Legislature to further improve the new law by working together with DPL and BPL in the implementation phase.

As successor to the defunct Marianas Public Lands Corporation, BPL has the sole authority over submerged lands, surface lands and others defined as public lands by Article 11 of the CNMI Constitution.

Based on PL 12-33, the new policy-making body is comprised of five directors who are appointed by the governor with the advice and consent of the Senate.

One director will be a resident of Rota to represent the first senatorial district, and another from Tinian to protect the interest of that island municipality. All the three others will come from Saipan and the Northern Islands.

At least one of the board director shall be a woman and at least another one a Carolinian descent.

If they pass the requirements and the qualifications and are confirmed by the Senate, each director shall serve a term of four years, except for the first five board members where three will only have two-year term and the two, a four-year term.

Fundamental policies set forth under PL 10-57, such as on homestead and land leases, will be the guideline for new policies or decisions that the new board is expected to make, the law stated.