DPL: We’ve been accommodating

The Department of Public Lands says that it has been accommodating in addressing concerns raised by Saipan Mayor Ramon B. Camacho.

Last week, Camacho wrote a letter to Gov. Arnold I. Palacios requesting intervention in a conflict between his office and DPL.

Camacho, in his letter, raised an ongoing issue regarding the types and quantity of coral base materials that may be extracted from permitted Article XI (CNMI Constitution) lands and given to the CNMI government at no charge.

The types and quantity of coral base materials that may be extracted as a public benefit from a quarry are controlled by the language of the Temporary Occupancy Agreement issued by the Department of Public Lands for that quarry.

According to Camacho, DPL Secretary Teresita Santos has not honored and enforced the TOA that allows the Municipality of Saipan to secure quarry materials needed for road repairs.

“This issue has been going on for over a year now and it has direct and serious implications for public safety and the wellbeing of our community. Despite the clear language of the TOA, the secretary instead has…inexplicably prioritized private business interest over those to whom she owes a fiduciary duty to, our people. The secretary’s refusal is nothing short of an outright abandonment and gross neglect of the fiduciary duty she owes our people,” he said.

In a statement from DPL, Santos expressed that DPL has accommodated the Municipality of Saipan even offering the MOS a quarry of its own at Obyan.

“In the spirit of cooperation and service, DPL has been accommodating (and continues to accommodate) meeting requests by relevant stakeholders to ensure that the needs of our NMDs and of the CNMI are met with the highest professionalism and in accordance with the statutory laws and the constitution. For example, DPL has previously offered the Municipality of Saipan a Temporary Occupancy Agreement for a site in Obyan that could be operated by the municipality as a municipal quarry,” she said.

Saipan Tribune learned that Camacho declined the offer.

In addition, Santos said the TOA for quarry materials have been relinquished to the quarry operators and they now have the discretion of supplying agencies like MOS with quarry materials.

“To avoid ambiguity in interpretation of public benefit provision of the Temporary Occupancy Agreements, DPL has revised Article 11 of its agreement template to clearly state the quantity and process for obtaining coral base materials. The template language of Article 11 now states that a CNMI agency can avail itself of coral base coarse materials at no cost by making a request to the quarry operator,” she said.

Santos further states that there are terms for agencies seeking to obtain quarry materials from quarry operators (or permittees).

“During each year of the permit term, permittee shall provide a total of 100 cubic yards of coral base coarse materials extracted from the premises to the CNMI government at no charge. This total may be allocated by permittee to a single CNMI government agency or divided among multiple CNMI government agencies. Requests for material shall be fulfilled by permittee in the order the requests are received. The contribution of material at no charge does not include processed materials (i.e., aggregates and manufactured sands) and does not include delivery services. Permittee shall be exempted from paying royalty fees for the amount of quarry materials supplied to the government. However, it shall be the responsibility of the Permittee to keep detailed records of any and all quarry materials provided to the government. This detailed record shall be submitted as a separate report from the royalty report required to be submitted by the Permittee but must be submitted on the same due date as the royalty report,” she said.

For consistency, Santos said all new TOA issued to quarry operators since February/March 2024 contain this language, and all agreements with active quarry operators were amended accordingly.

“DPL’s intention is not to prioritize private businesses over the public welfare. To the contrary, DPL’s intention is to maximize its revenue (including royalty fees) from public lands for the benefit of the NMDs,” she said.

Santos encourages all interested parties to reach out to DPL with any questions or concerns.

Furthermore, Santos says she retains fiduciary responsibility for all matters relating to public land transactions, except on a case-by-case basis where necessary to avoid conflicts of interest or the appearance of conflict.

Teresita Santos