Submerged lands revert to NMI
Gov. Ralph DLG Torres, left, signs the document stating the transfer of management of the submerged lands while Lt. Gov. Victor B. Hocog and Delegate Gregorio Kilili C. Sablan (Ind-MP), right, look on yesterday at the Governor’s Office conference room. (Jon Perez)
The irony was not lost to the scores of CNMI officials present at yesterday’s signing ceremony when the Commonwealth finally got back its submerged lands—even though the lands were not freely given to the federal government.
Gov. Ralph DLG Torres signed yesterday the patent transferring the Northern Islands submerged lands from the United States to the CNMI at the Office of the Governor’s conference room.
Others present were Delegate Gregorio Kilili C. Sablan (Ind-MP), Office of Insular Affairs field representative Harry C. Blanco, Lt. Gov. Victor B. Hocog, Senate President Francisco M. Borja (Ind-Tinian), and Senate Vice President Arnold I. Palacios (R-Saipan).
Rep. Joseph Leepan Guerrero (R-Saipan), representative-elect Gregorio Sablan Jr., Cabinet secretaries Mark O. Rabauliman (Commerce) and Richard B. Seman (Lands and Natural Resources), commissioners Robert Guerrero (Public Safety) and Georgia Cabrera (Corrections), Bureau of Environmental Coastal Quality administrator Frank Rabauliman, and Mariana Islands Nature Alliance members also witnessed the event.
Torres said the submerged lands had been a sensitive issue for the people of the CNMI. “This issue is part of our culture and our way of life. It is not easy to move this in D.C., that’s why we thank [Delegate] Kilili in helping us push for the federal government give back the submerged lands to us.”
He recalled a conversation he had with National Oceanic and Atmospheric Administration assistant administrator for Fisheries Eileen Sobeck, who told him that the federal government is giving back the submerged lands.
Torres replied: “I think you’re giving back something that we already own. You actually took it away from us. In fact, it is not three miles, we’re asking for 200 miles. You’re arguing something that I still believe is ours. …When we voted to be part of the United States, we voted to be part but it doesn’t make sense to give you our waters.”
Torres, however, still saw the bright side of the deal. “ As much as we want 200 miles, we should be glad we have three. Then we’re going to continue to work in order to move further beyond that. Let’s protect our waters for the next generation as we managed our submerged lands.”
Sablan echoed Torres’ sentiment, adding it has not been an easy task to convince the federal government. “This is a result of countless back-and-forth negotiations. There’s an irony in this situation because we’re actually given back land that actually belongs to us. Throughout all this time, I find it ironic in getting back land that we strongly believe is ours.”
“But we are a government ruled by law and the courts had [also] decided on the submerged lands. The bill passed the [U.S.] House but it got stuck in the Senate. Finally we got it. We try to get the best of every situation and we are aware of the work done by Gov. Torres and the late governor [Eloy] Inos in getting the patent transferred. We’re going to continue to fight for it.”
Borja said CNMI officials would continue to try and get back what is truly for the people of the Commonwealth. “In the first place, we have not given it to the federal government. We need to continue to try to get back what is ours. Especially on Tinian where there are restrictions on the submerged lands with the [U.S.] military.”
“We need to continue to support this to get back the submerged lands. We’re supposed to get 200 miles. I never read in our history that we gave the lands to the U.S. I ask all our leaders to work together so we could get back most of our submerged lands.”
Palacios said that getting back the submerged lands is the result of long discussions with NOAA and the Department of the Interior. He said all is not lost as the CNMI could continue talking with federal officials.
“There were provisions that if the CNMI had some problems with certain issues with some federal agency, then we could come to the negotiation table, and that was cited on the conveyance bill. We’re going to make sure the CNMI’s interests are protected as anticipated by [Delegate Sablan’s] bill. We’re looking forward to the closure of this chapter, and to work with NOAA and [DOI].”
Hocog also cited the CNMI Covenant with the U.S. where it was never mentioned that the federal government owns the submerged lands. “And that makes it more difficult, getting back something that is actually ours and we did not give them. Being an adopted family of the U.S., we live with it and the law of the federal government.”
“We’re part of the family but we must work on improving the document and see what more needs to be done so we could obtain real ownership. They gave it back, but [still] it is not actually ours because they still hold a large portion. We need to work on it and continue with the negotiations.”
I wrote a short history of the submerged lands issue in the CNMI. Want to read it: http://www.taotaotasi.com/2016/05/10-facts-about-submerged-lands-in.html
Thank you for your writing about submergeed lands in the CNMI. But I am still kind of confused about some aspect of the issue. First the submerged land seemed to have given back to CNMI some time ago, why have to the transfer ceremony now? Second, does the returning the submerged land to CNMI have any immediate impact to our daily life? Yes, I can imagine the difference it will make if some treasure was discovered on the land. But if not, the most you can say about the ownership of the submerged land is the potential value in the future. Am I missing some thing?
The Magnuson Act predominates over all matters relating to the 200-mile EEZ. It’s the supremacy of laws if you haven’t already taken critical review of the Covenant Agreement.
Maybe they should take a United States history college course and they would have a better understanding of our agreement with Uncle Sam.
“A day late and a dollar short.”
Covenant Section 101 sovereignty transferred ownership to the United States.
It sounds like some of our leaders need to review our history, especially that set forth in the federal submerged lands case.
Nowhere in the Covenant does it say the CNMI would keep the submerged lands or 200-mile EEZ upon becoming part of the United States.
At the time the Covenant was negotiated, existing federal precedent made absolutely clear that it would become federal property, and our Covenant negotiators never asked for anything different.
It is true that under the [CNMI] Marine Sovereignty Act of 1980, the Commonwealth controlled its submerged lands under its own quasi-sovereignty during the end of the TTPI era.
Once the CNMI came under United States sovereignty on 4 November 1986 (Citizenship Day) the submerged lands fell under U.S. ownership pursuant to the Paramountcy Doctrine.
Following consultations under Covenant Section 902, CNMI government leaders continued to dispute this. In 1997, the Commonwealth challenged the Paramountcy Doctrine in federal court, and eventually lost.
The CNMI’s Marine Sovereignty Act of 1980 and Submerged Lands Act were declared preempted by the District Court for the NMI.
See Northern Mariana Islands v. United States, No. CV 99-0028, Order (D.N.M.I. Aug. 7, 2003), aff’d 399 F. 3d 1057, 1066 & nn. 10-11 (9th Cir. 2005), available at https://scholar.google.com/scholar_case?case=13897614800056597157 .
Aboriginal title and fiduciary trust arguments were also rejected. 399 F. 3d at 1062 n. 6.
This case should be required reading for any of our leaders dealing with these issues.
Sir, our elected few are still in the dark relating to court precedents and it is very sad to have such individuals representing us.
Under normal negotiation between two sovereign nations (USA and NMI) the entering nation list everything it is giving up to the other nation and similarly in return. What is not listed remains with that nation. NMI listed in the agreement adjacent waters around FDM, Tinian and Tanapag Harbor. Every where else not listed remains with the NMI. Same thing with those on fast lands that the US listed to serve its need and where in fact specifically listed. Everything else not listed remains with the NMI. Unfortunately, the USA used this arrangement the other way in its favor when taken to court. Its ironic how the CNMI passed it Submerged Lands Act (1981) and Marine Sovereignty Act (1982) and the US never objected to it. Apparently the new findings of valuable minerals (Manganese, cobalt and other nodules) changed its position and decided it wanted it all, especially some of this minerals are some of the basic components of new technological materials use for aircrafts and other defense power.
Peace.