‘Tenorio’s fears have come to pass’

At the time it was signed into law, then Gov. Pedro P. Tenorio had grave concerns about the constitutionality of the “Board of Public Lands Act of 2000” that led to the creation of the Marianas Public Lands Authority.

He realized that the time would come when the Legislature would need to take corrective action on the Act’s shortcomings. He had this to say in the cover letter that accompanied the legislation:

“It is difficult to foresee whether this is the best route to resolve the problems that we have encountered and continue to encounter under Public Law 10-57. However, the only way to find out is to allow the implementation of this legislation to take place.

“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 as granted and guaranteed by the Constitution.

“Please be mindful that I have constitutional concerns with respect to establishing an independent board to carry out executive functions within the Executive Branch. The CNMI Constitution requires that such functions must be placed within a principal executive department and subject to the supervision of the governor. However, this question is best left to the discretion of the Judiciary.

“Although I have signed this bill into law, I am urging the legislature and the agencies involved in its implementation to work together to improve the legislation when the need arises.”

Four years later, the Governor’s fears have been realized. The rights of the Northern Marianas people, as granted and guaranteed by the CNMI Constitution, are being routinely violated by a five-member board of directors who care nothing about the Northern Marianas people’s basic right, as the owners of public land, to participate in the monumental decision to strip-mine the fourth largest island in the Northern Marianas. And, although MPLA is supposed to be an autonomous agency, the current governor and certain senators are unable to resist the temptation to interfere with and manipulate that agency.

And why not? Not only is each MPLA board member appointed by the governor and confirmed by the Senate, but they are also subject to removal by the governor.

Let’s face it—the experiment is a failure. MPLA is a failure. And the current governor and certain members of the Senate are doing everything in their power to ensure that it remains a failure.

It’s time for the Legislature to take action. The Board of Public Lands Act of 2000 failed to protect the interests of the Northern Marianas people as granted and guaranteed by the Constitution. It is time for the members of both the House and the Senate to step back, look beyond their own personal agenda, and realize that the basic foundation for all our laws, the CNMI Constitution, is in serious jeopardy. If our lawmakers can ignore the Constitution, then we are all in serious trouble.

The need to fix MPLA has indeed arisen as predicted. And it had better be fixed fast, before some speculator from Arizona, with friends in high places, walks off with Pagan.

Peter J. Pangelinan Perez
PaganWatch