Showing posts with label Ancestral Property. Show all posts
Showing posts with label Ancestral Property. Show all posts

Sunday, December 27, 2009

Sasayan landowners stand their ground: Residents refuse military's requests to survey land in northern Guam

Sasayan landowners stand their ground: Residents refuse military's requests to survey land in northern Guam

By Amritha Alladi • Pacific Daily News • December 28, 2009

Landowner Joseph Sgambelluri shows the pristine beachside of the Sasayan area in northern Guam on Dec. 18.



Sixty-one-year-old Lourdes Sgambelluri Pisarri remembers learning to swim in the Marbo Caves.

When she was 6, her grandfather, Marcello Sgambelluri, took her down to the freshwater caves, where she saw lobster and shrimp crawling at the bottom of the pool, and the stalactites and stalagmites jutting from its walls.

"It's freshwater that abuts the ocean. It's one of the most miraculous things that you can have," Pisarri said. "A freshwater pool, and the ocean is right there next to it."

But in a few months, access to those caves may be limited, and the lands where Pisarri's family farmed may be tainted with runoff from a decontamination facility and shooting range to be built there by the military, as part of their buildup projects, Pisarri said.

It's about 1,000 acres of ancestral land that's been in the Sgambelluri family for almost 100 years, Pisarri said. Now, the military is planning to construct a Marine training facility there.

"It's really a travesty of justice," she said.

Pisarri, who currently lives in New York, said she received a letter from the military earlier this year, asking if it could survey her lands and perform EPA studies there, she said.

In response, Pisarri wrote a letter to the director of the Joint Guam Program Office, John Jackson, saying she didn't want the military to place one foot on her property. She copied the letter to President Obama, Guam delegate Madeleine Bordallo, Gov. Felix Camacho, Sen. Judith Guthertz, and Retired Adm. Ed Kristensen among others, of whom only Guthertz, chairwoman of the Legislature's buildup committee, responded to the letter, she said.

"Bottom line is, I did write to the military to tell them -- in no uncertain terms --that I didn't want anybody stepping one foot on my property," Pisarri said. "I also told them I don't want one coconut tree destroyed that my grandfather planted 90 years ago."

Instead, Pisarri suggested the military use their own unused lands within the Andersen Air Force Base, but JGPO officials have told her EPA regulations prohibit the use of those lands.

"Frankly, (JGPOs public information officer Capt. Neil Ruggiero) stated that much of the military land was saving the lives of various animals, as an conservation area for birds," Pisarri wrote to JGPO.

'Displacing people'

"It unnerved me that you would first consider displacing people who have lived on our land for many years."

A statement provided by Ruggiero to the Pacific Daily News last week reiterated the Defense Department has tried to utilize its own property for the military realignment, but must follow federal environmental laws and planning processes to determine the best locations for the facilities and ranges necessary for the military realignment.

"The military is also considering feedback collected through discussions with village mayors, Government of Guam officials, and the Legislature. Through this process it has been determined that certain facilities, such as training ranges, will not fit on DOD properties without possible negative effects on Guam's citizens," Ruggiero said. "We have also learned that it may be wise to develop property near existing bases to allow functions to be grouped together in one location and eliminate the need to travel from one range or training area to another. This will ease impacts, such as traffic, on the surrounding community."
But Pisarri and other residents have said land leasing, monetary compensation, or the promise of providing land elsewhere are not options they would consider because most residents in the area acknowledge the land's value.

For example, Pisarri's brother, Joseph Sgambelluri, said the land in the Sasayan area facing the ocean is ideal for them to build family homes for their children to settle down.

"This area here is just too nice, too beautiful to use as a military site," added Virginia Stadler, another resident of the valley. "There are people that are thinking of building their homes ... to pass it on to their children and grandchildren."

Plus, Pisarri said the Chamorros are still waiting to be compensated for the way they were mistreated during World War II.

"My parents and the rest of the people on Guam have not yet been compensated by the United States," she said, adding the Japanese, the Jewish, the Native Americans, the Filipinos, and residents of Saipan have all been compensated after the atrocities they've faced throughout history.

"Why are the people of Guam being discriminated (against)? Why have they not been compensated?" she said.

But perhaps there's hope for the Sgambelluri family.

Land condemnation

Guthertz has said she and other Guam senators have obtained assurances from JGPO Executive Director Retired Maj. Gen. David Bice, that condemnation is not part of the plan for obtaining buildup lands. However, in a recent television appearance, Jackson said that all options including condemnation are "on the table," creating further confusion.

Thus, Guthertz will be holding a public hearing tomorrow to allow Guam residents to voice their concerns.

Joseph Sgambelluri will be among those present at the hearing to share their comments. Pisarri said her brother will be reading out her letter at the hearing, since she's miles away.

"I've been fighting the fight for a while now. I just know that people need to voice their opinion," Pisarri said. "We don't mind bringing men to Guam, but this is an overtaking."

Tuesday, December 08, 2009

U.S. offers to pay Native Americans $1.4 billion for lost funds

U.S. offers to pay Native Americans $1.4 billion for lost funds

By Paul Courson, CNN
December 8, 2009 11:21 p.m. EST

Washington (CNN) -- Thousands of American Indians would receive as much as $1,000 each if they accept a proposed $1.4 billion to settle a class-action lawsuit over government mismanagement of tribal lands.

The suit, filed in 1996, accused the U.S. Department of the Interior of failing to account for and provide revenue from a trust fund representing the value of Indian assets managed by the government.

As part of the settlement, the federal government would agree to establish a $2 billion program to buy small fractions of land to help sellers obtain value from ancestral property, which then would be held by tribal governments.

The missing funds at the center of the class-action case involve what are called Individual Indian Money accounts, which are supposed to represent the property of individual American Indians. The accounts are held by the United States as trustee.

The lawsuit had accused the government of failing to account for the money, failing to make proper payments, and converting tribal money for the government's own use.

A federal judge must approve the plan, and Congress would have to enact a bill to implement it.

At a Tuesday news conference, Interior Secretary Ken Salazar acknowledged the need for a "historical accounting for funds that the government held in trusts for Native Americans."

Attorney General Eric Holder, accompanying Salazar to announce the settlement proposal, said the deal addresses allegations "the government has mismanaged acres of land and millions of dollars that it holds in trust for Native Americans."

But one of the American Indians who filed the suit in 1996 suggested the years of litigation had simply worn them down.

"It's not fair," said Elouise Cobell, but "in the future we may be treated more fairly."

Cobell, a member of Montana's Blackfeet Indian tribe, said those who could benefit from the payments are getting old and dying off.

Pressing for a higher settlement figure would be tough, she said, since she "can't handle how the mismanagement of this trust has hurt people."

Cobell said many of those represented in the class-action suit "subsist in the direst poverty," and that the settlement is "significantly less than the full amount to which the Indians are owed."

Confirmation of a proposed settlement was a tightly kept secret ahead of the news conference at the Interior Department. Part of the reason may have been that the deal nearly fell through just hours earlier, according to an agency official.

"It's confidential," said Associate Attorney General Tom Perrelli in response to a reporter's question as to the sticking point.

News of the deal was buried in a statement released in advance from the Interior Department that mentioned "the Cobell settlement," as part of a broader plan being announced to address land ownership by Native Americans.

The group ownership of land by American Indians dates back more than 100 years before American Indians were permitted to write wills. As a result, the government says large parcels of tribal lands are held by owners with "miniscule interests" received from ancestors who conveyed the property to descendants as tenants-in-common.

Officials say the purchase project will allow individual landowners to receive greater value for their share, while cutting administrative costs for the federal government, which manages the Indian land trust.

Salazar said, "It is common to have hundreds -- even thousands -- of Indian owners for one parcel."

The initiative would consolidate ownership through purchases from willing sellers, and tribal governments would have control, according to a "fact sheet" put out ahead of the announcement.

Without the purchases, "Millions of acres of land will be owned in such small ownership interests that very few individual owners will ever derive any meaningful financial benefit from that ownership," the statement said.