Bordallo criticized for missing $4.5B ‘opportunity’

MONDAY, 28 MARCH 2011 03:54 BY THERESE HART | VARIETY NEWS STAFF

Vice Speaker Benjamin J.F. Cruz is asking Congresswoman Madeleine Z. Bordallo why she wasn’t aware of a $4.55 billion

Guam Delegate Madeleine Bordallo, shown here delivering her congressional address at the legislature last Thursday, has been criticized by Sen. Benjamin Cruz for missing out on a $4.55 billion settlement for Indian and Black farmers as it moved through the House and Senate. Photo by Matt Weiss

settlement for Indian and Black farmers as it moved through the House and Senate, saying that she missed an opportunity for the Guam World War II Loyalty Recognition Act.

In a letter sent to Bordallo, Vice Speaker Cruz states, “Had you acted more quickly, the $185 million needed to fulfill the objectives of the Guam Loyalty Act may have been considered a nominal amendment toward a public law that will ultimately provide a combined $4.55 billion to individual Indians and Black farmers. In fact, its enactment on the Feast of the Immaculate Concepcion, December 8, would have been an auspicious date to have finally enacted the Guam Loyalty Recognition Act.”

Settlement

The settlement stems from H.R. 4783 that ultimately became Public Law 111-291 when President Barack Obama signed the measure. The settlement is for mismanaged funds and other trust assets including royalties owed to individual Indians for oil, gas, grazing, and leases of individual Indian lands and to settle the claim that Black farmers were unfairly refused loans by the Department of Agriculture.

“Considering the effect H.R. 4783 had in rectifying long-standing claims against the federal government for discrimination and mismanagement against individual Indians and Black farmers, I must ask why you were not aware of its movement through the House and Senate,” Cruz said.

“I have noticed through print media, the Internet, a website, a toll-free number, and television notification that information about the settlement has been disseminated for claimants. Had the Guam War Claims Review been included as part of the settlement, the people of Guam may already have begun taking steps to attain their rightful claims,” added Senator Cruz.

Vice Speaker Cruz is a former Commissioner on the Guam War Claims Review Commission. He remains steadfast in his commitment toward rightfully acquiring claims for the people of Guam and their families that suffered during the Japanese occupation of Guam during WWII.

Resolves

Cruz said the settlement resolves the federal government’s failure to provide a historical accounting for Individual Indian Money claims in which the U.S. government mismanaged funds and other trust assets including royalties owed to individual Indians for oil, gas, grazing, and leases of individual Indian lands in the west by providing $3.4 billion to individual Indians.

Additionally, Public Law 111-291 will settle the claim that Black farmers were unfairly refused loans by the Department of Agriculture by providing $1.15 billion to Black farmers.

“Your continuous efforts to reintroduce the Guam World War II Loyalty Recognition Act, and then attach it to the Defense Authorization Act are noble, but they have become an annual perfunctory effort rooted in pursuing the same track without attempting viable alternative methods,” wrote Cruz.

As the terms of the Guam World War II Loyalty Recognition Act are similar to those provisions contained in the Settlement Fund, Cruz found it disappointing that no amendment attaching the Guam World War II Loyalty Recognition Act to H.R. 4783 was ever thought of or proffered.

Frustrating

“Equally frustrating is that H.R. 4783 included an amendment proffered by Rep. Nick J. Rahall II, your close colleague and the Chairman of your Committee. I am dismayed that your colleague was able to introduce an amendment to this landmark legislation without our possible inclusion,” wrote Cruz.

Cruz said the size and scope of the settlement could possibly have been the means to fund the war claims.

Accrued interest on the $4.55 billion as authorized by P.L. 111-291 would have been more than enough to provide the $125-$185 million required to fund the Guam Loyalty Recognition Act.

On a related matter, a recent press release issued by the U.S. Department of Agriculture indicates that the USDA will engage in an “administrative process” to settle claims held by women and Hispanic farmers regarding historic loan discrimination.

The fact that these parties were able to gain an administrative settlement of their grievances may provide a pathway to real progress on Guam war reparations.

“This oversight may have cost the people of Guam much more than money, it may have cost them much needed closure and the belief that our past loyalties have not been in vain,” Cruz stated.

“While I acknowledge that the rise of “fiscal conservatives” may hamper your ongoing efforts, I urge you to consider that Congressional action may not be our only road to resolution. It is my fervent hope that, from this point on, you will look to other avenues for the favorable resolution of the Guam World War II Loyalty Recognition Act,” Cruz added.

Cruz requests President Obama visit Guam

by Nick Delgado from KUAM.com

Guam - Vice-Speaker B.J. Cruz is urging President Barack Obama today to include Guam in his November trip. Cruz sent a letter to the nation's commander in chief requesting that he make time to meet with members of the military and the civilian communities as part of his plans to visit India and Indonesia next month.

The vice-speaker expressed his disappointment that Obama's planned visit earlier this year was canceled and states that a November visit would be timely. He adds that the relocation of Marines from Okinawa to Guam plays a huge importance as to why the President should speak with the people regarding the impacts the buildup will have on the island.

Sen B J Cruz with Ray Gibson

Sen B J Cruz with Ray Gibson

Interview between Ray Gibson and Senator B J Cruz about escorting Congress Woman Bordallo at the Legislature for the State of the Congress address. They then talked about the Governor's State of the Island address and what what the senator would like to hear in the Congresswoman's address. They then talked about the Speak Out Telethon for comments about the Draft EIS. They also talked about the Governor changing Guam to Guahan and about the suggestion of reunification between Guam and the CNMI

Click here to download the entire podcast.
http://www.pacificnewscenter.com/images/stories/k57podcasts/feb10/100216_074131.mp3

Bordallo to deliver congressional report

Bordallo to deliver congressional report

Tuesday, 16 February 2010 00:57 by Therese Hart | Variety News Staff

CONGRESSWOMAN Madeleine Z. Bordallo will deliver her biennial Congressional Report to the people of Guam at 6 p.m. tonight.

She will be escorted by vice speaker BJ Cruz and Sen. Frank Blas Jr.

Both lawmakers have been critical of Bordallo’s perceived lack of support for the people of Guam and the plight Guam faces regarding the military buildup.

Specifically, the zero funding from the United States federal government on the proposed buildup, her stance on the draft environmental impact statement and the hundreds of millions of dollars owed to the people of Guam because of the Compact Impact covenant.

While word circulated that the congresswoman wanted attorney Mike Phillips, her nephew, to escort her down the aisle tonight, the legislature informed the congresswoman’s office that they have purview as to who will walk her down the aisle.

Speaker Judi Won Pat, in a show of bipartisanship, chose Sens. Tina Muña-Barnes and Telo Taitague to walk Gov. Felix Camacho to the podium when he delivered his state of the island address yesterday.

Won Pat said that Cruz and Blas both volunteered to escort Bordallo to the podium.

PNC :: Vice-Speaker Cruz Says DEIS is Deficient

PNC :: Vice-Speaker Cruz Says DEIS is Deficient


Thursday, 11 February 2010

Guam - Vice-Speaker Cruz says that the military's Draft Environmental Impact Statement is deficient.

Cruz says after holding a roundtable meeting with Department of Mental Health and Social Services officials he found that the DEIS did a poor job of determining the impact the military buildup would have on Guam's Mental Health agency. According to Cruz U.S. military personel and their dependents do use Guam's Department of Mental Health.

Cruz says that Dr. Leightheiser told lawmakers that 20% of the patients at Mental Health are military or their dependents. He says that what's worse is that the DEIS doesn't address this.

The Vice-Speaker says that part of the problem is that many of the people who wrote the DEIS didn't even come to Guam and most of the DEIS was written from the states.

Written by : Clynt Ridgell

Big losses projected if H-2s work on buildup projects

Big losses projected if H-2s work on buildup projects

Posted: Feb 11, 2010 5:08 PM
Updated: Feb 11, 2010 5:08 PM

by Mindy Aguon

Guam - Vice-Speaker B.J. Cruz says Guam's economy stands to lose hundreds of millions of dollars if H-2 workers are allowed to be utilized for military buildup-related construction projects. Cruz has asked Congresswoman Madeleine Bordallo to reconsider her position on allowing H-2 workers for buildup construction activities.

He told KUAM News, "I'm just asking that she reconsider the Abercrombie amendment, which is suggesting a 30% maximum of H-2 laborers, and if we reduce it to that amount then we'll have more money floating in the economy." He added, "If you're going to force it down our throat, then I want every penny that's absolutely possible to accrue to the local people."

Estimates in the Draft Environmental Impact Statement project that H-2 workers will spend about 20% of their money in the local economy, compared to 45% to be spent by workers hired locally. Cruz says if the H-2 workers spent at the same level as locally-hired workers, Guam's economy would benefit by approximately $368.5 million.

Sen B J Cruz with Ray Gibson

Sen B J Cruz with Ray Gibson

Interview between Ray Gibson and Senator B J Cruz about his suggestions to Congress Woman Bordallo on how Guam can collect tax revenues from companies doing work on the military bases during the military buildup. They also talked about the Draft EIS compilation procedures. They then talked about the wave for Bill 185. They ended their discussion by talking about US Senator Jim Webb. click here to download the entire podcast.

http://www.pacificnewscenter.com/images/stories/k57podcasts/feb10/100210_0746334.mp3

Cruz: Guam must enjoy revenue perks

Cruz: Guam must enjoy revenue perks

Wednesday, 10 February 2010 04:08
by Therese Hart | Variety News Staff

VICE speaker BJ seeks reassurances from the U.S. Congress that Guam will reap the maximum amount of local tax revenues to be generated by the military buildup from federal contractors.

He is also soliciting the assistance of Congresswoman Madeleine Z. Bordallo.

Cruz forwarded several letters to Bordallo relaying his concerns about the government of Guam’s ability to collect buildup related tax revenues and asked for special language in the 2012 National Defense Authorization Act to support Guam’s tax collection efforts.

Cruz is requesting that language be secured in the federal budget act that would require each federal construction contract to designate Guam as the designated place of origin and that all associated income related to the buildup, including corporate bonuses, be designated possession source income, without any special exemption and that Department of Defense cooperates with local tax officials.

Cruz said there are many issues concerning the process of collecting corporate and individual income taxes and particularly taxable income related to projects for corporations and individuals who file outside Guam.

Cruz pointed out that in May last year, Secretary of the Navy B.J. Penn indicated that at the local level, the government of Guam is responsible for collecting local tax revenues.

“It is only fair that steps be taken at the federal level ensuring that the windfall from the contracts related to this buildup enjoy the full scrutiny of local tax enforcement,” said the vice speaker.

In response to Cruz, Bordallo wrote that she would keep his suggestion for legislation in mind as she begins proposals for inclusion in the 2011 National Defense Authorization Act.

However, Bordallo said she will await the results of the report from the Department of Defense before she takes further action. She believes that the report will assist her in developing more accurate and comprehensive legislation.

Cruz calls upon Bordallo for more involvement

Cruz calls upon Bordallo for more involvement

Posted: Feb 09, 2010 2:58 PM
Updated: Feb 09, 2010 5:50 PM

by Nick Delgado

Guam - Vice-Speaker B.J. Cruz says he would like to see Guam Delegate Madeleine Bordallo do more when it comes to insisting Department of Defense contractors pay their fair share of taxes when performing work on Guam for the buildup. The senator says a response he received from Bordallo assuring him that provisions are already in place in the National Defense Authorization Act aren't good enough.

Cruz said the provisions only require DOD to report the steps it is taking to ensure contractors are complying with local tax and licensing requirements.

He said, "I want everybody's salaries in the $15 billion paid out of here and funneled through our banks. I don't want it through banks in the States; I want everything sitting in Guam."

Cruz says it does not require the DOD to cooperate with local officials nor to actually pay taxes locally.

Vice-speaker calls for DEIS rewrite

Vice-speaker calls for DEIS rewrite

Posted: Feb 09, 2010 4:16 PM
Updated: Feb 09, 2010 4:16 PM

by Janjeera Hail

Guam - Vice-Speaker B.J. Cruz would like to see the Draft Environmental Impact Statement rewritten to include a more comprehensive analysis on how the Department of Mental Health and the Guam Memorial Hospital will be affected by the military buildup. Such was the sentiment of letters he sent to Congresswoman Madeleine Bordallo and Joint Guam Program Office Executive Director David Bice.

At Friday's healthcare roundtable, Mental Health Clinical Administrator Dr. Andrea Leitheiser said that the military makes up 20% of consumers, a number Cruz feels justifies his request for a closer look. "If we're going to have 8,000 more Marines, that 20% is going to be even higher - so we've got to address that. We're already in trouble with Mental Health. We need more professionals both there and at the hospitals."

Cruz originally raised his concerns at the congresswoman's town hall meetings and meetings with the military.

Cruz to Bice: Get to grips with local issues

Cruz to Bice: Get to grips with local issues

Tuesday, 09 February 2010 04:03
by Jennifer Naylor Gesick |
Variety News Staff

VICE speaker BJ Cruz sent the Joint Guam Program Office a letter and two DVD copies of Thursday’s roundtable discussions on the military buildup’s impact on Guam healthcare at the legislature.

“You will see from the DVDs the degree of uncertainty that the heads of Guam’s health care agencies and their staff have regarding the impact that the buildup will have on their ability to provide needed services,” Cruz stated in his letter sent Friday to Major Gen. David Bice, executive director of JGPO. “I submit that the same is true government wide.”

Cruz specifically identified the Guam Memorial Hospital and the Department of Mental Health and Substance Abuse as among the healthcare agencies that will need assistance in preparation for the troop buildup.

Cruz urged Bice to watch the DVDs “to get a clearer picture of the current state of Guam’s health care system and the impact that the buildup would have on Guam’s capacity to provide services in the various health care disciplines.”

“You have no doubt heard it said that the [draft environmental impact statement] raises more questions than what it answers,” wrote Cruz. “This is indicative of the deficiency of the [draft study] in addressing important buildup issues.”

The vice speaker asked Bice to note that 20 percent of DMHSA’s clients are military personnel and their families as reported by Dr. Andrea Leithheiser, psychologist and clinical administrator of DMHSA, during the roundtable discussion.

Cruz pointed out that the projected increase in Guam’s population will strain DMHSA’s ability to provide services.

He also warned the mental health department will be “crippled” if its staff is not adequately augmented to possibly treat Marines who have served one or more war zone tours.

“Whether or not DMHSA will receive the help it would need to support the buildup remains a big question. The [draft impact report] does not address it,” Cruz concluded.

Cruz: DoD Not Doing Enough To Ensure Contractors Pay Guam Taxes

Cruz: DoD Not Doing Enough To Ensure Contractors Pay Guam Taxes

Monday, 08 February 2010

Guam - Vice Speaker B.J. Cruz says a provision in the National Defense Authorization Act to assist Guam in Buildup tax collections is not enough.

In a release, Cruz says he is responding to Guam Delegate Madeleine Bordallo’s assurances that the provision will provide the help needed to GovGuam.

The release states that the Speaker received a letter from Bordallo assuring him that the Department of Defense is required to report on the steps that the Department of Defense is taking to ensure that contractors performing work on Guam comply with local tax and licensing requirements.

The Vice Speaker's release states that Bordallo was responding to Cruz’s request that she act on the matter.

However Cruz's response to Bordallo is:

“The report does not require the Department of Defense to cooperate with local officials nor to adhere to any specific federal requirement to ensure its contractors are paying Guam’s federally mirrored income taxes.”

The Vice SPeaker also states: “In my letter, I specifically asked that you secure language requiring each construction contract to designate Guam as the situs and that all associated income be designated possession source income, without any special exemption. Additionally, I asked that DoD be specifically required to cooperate with tax officials on Guam."

Written by : News Release

PNC :: Cruz and Perez Debate Viability of Road To Finegayan

PNC :: Cruz and Perez Debate Viability of Road To Finegayan

Friday, 5 February 2010

Guam - Vice-Speaker Senator BJ Cruz is still concerned about a proposed road that will run from Marine Drive to South Finegayan.

The senator has been critical of the plan to build this road that is shown on some maps as a miltary only road. While Cruz initially thought that the road was not present in the military's Draft EIS he has found that it is. What is of more concern to him however is that the road will run directly through prime real estate that local landowners have been trying to develop for tourism. The senator says that as the chairman of tourism he is trying to protect some expensive land in the Dos Amantes or Two Lover's point area that is ideal for developing resorts.

Cruz is concerned that the road will cut right through the most desireable part of the land. Department of Public Works Director Larry Perez however says that the road will work within the land use plan of the Dos Amantes or two lovers point area. He says that the road they will build will actually help landwoners by providing access to their properties.

Perez also stresses that this is still just a proposed option of DOD and many changes can happen to it between now and it's actual construction. In addition to this Perez says that because it will be paid for by federal dollars it must be accessible to the local community as per federal guidelines. As for the map that lists it as a military road, Perez says the map is only reffering to a part of the road that runs through military property.

Written by : Clynt Ridgell

Cruz eyes tax revenue from buildup projects

Cruz eyes tax revenue from buildup projects

Friday, 05 February 2010 00:59
by Zita Y. Taitano | Variety News Staff

VICE speaker BJ Cruz is once again calling for Congresswoman Madeleine Bordallo’s attention regarding more issues concerning the military’s draft environmental impact statement.

Cruz in reviewing the document would like assurances from Bordallo and the U.S. Congress that Guam would be able to receive the maximum amount in local tax revenues from the buildup when it begins.

Art Ilagan, Department of Revenue and Taxation director, indicated in a recent interview that Guam could be making at least $20 billion from construction done on Guam in military realignment construction projects.

In a letter he sent to Bordallo yesterday, Cruz pointed out the government of Guam’s ability to collect tax revenues from the buildup and requested for what he termed “special language in the 2012 National Defense Authorization act to support GovGuam’s collection efforts.”

He also asked the congresswoman to introduce amendments requiring all contract income related to buildup projects be determined as possession source income and for DOD to cooperate with local tax officials.

“Since it is we who will shoulder the burden of hosting the largest military transfer of hardware and personnel in decades, it is only fair that steps be taken at the federal level ensuring that the windfall from contracts related to this buildup enjoy the full scrutiny of local tax enforcement,” said Cruz.

Perez amends previous statement on road project

Perez amends previous statement on road project

Thursday, 04 February 2010 02:43
by Zita Y. Taitano | Variety News Staff

VICE speaker B.J. Cruz asked public works director Larry Perez to explain why the Department of Public Works’ plan to connect Marine Corps Drive to South Finegayan is not included in the 2030 Guam Transportation Plan.

Cruz, in a letter to the outgoing director, recalled that the plan for the construction of a new roadway from the intersection of Marine Corps Drive and Harmon Road to the Finegayan area was mentioned during last week’s hearing on the draft environmental impact statement.

At the hearing, Perez indicated that the project was in the draft study but not in the transportation plan, leaving Cruz curious.

“I am concerned over both the process that led to the proposal for this new road and the impact that construction of the road would have on the surrounding environment and the affected landowners,” the vice speaker stated in the letter.

Perez responded by saying, “although I inadvertently, mistakenly made the statement last meeting, and I stand corrected.

He added, “it was established there for purposes of creating new roads to minimize congestion on roadways to the entire community.”

Perez further explained that the road connection is not intended to for military use but is being created to address road congestion on Guam.

He also said DPW is actively collaborating with the military on development and construction projects to include mitigation and estimated costs of payment by the military.

“It is one of many projects needed for obviating and mitigating the transportation impact of our transportation network,” Perez said. “Everything that’s in the 2030 master plan is related in the buildup and those that are in the [draft impact study] are paid for by the military.”

Cruz supports efforts to delay buildup start

Cruz supports efforts to delay buildup start

Tuesday, 02 February 2010 00:23
by Zita Y. Taitano | Variety News Staff

VICE speaker BJ Cruz supports Gov. Felix Camacho’s request for the Department of Navy to delay the start of the military buildup.

Cruz affirmed his support in a letter he sent yesterday to the governor.

“Your action serves to confirm the fears that many of our residents have regarding the buildup, that it’s too much, too soon,” Cruz stated in his letter.

He also sent a similar letter to Congresswoman Madeleine Bordallo.

Cruz noted that after reviewing the 11,000-page draft environmental impact statement, he realized that the draft study doesn’t really address the military buildup’s impact on the community.

With this in mind, Cruz said a revised military impact study should be prepared and take “into account the comments made on the existing documents.”

The revised version, he added, must be made available for public review before a record of decision is made on the final version.

He also asked that Camacho and Bordallo submit such a request to the Secretary of the Navy since it would have direct affect on the island.

“The people of Guam deserve to be assured that a DEIS on the proposed buildup reflects truly and accurately the impact that the buildup would have on their lives,” he concluded.

Cruz critical of Bordallo's role in buildup

Cruz critical of Bordallo's role in buildup

Posted: Jan 30, 2010 6:15 PM
by Michele Catahay

Guam - Things heated up during a town hall meeting hosted by Congresswoman Madeleine Bordallo this morning. Vice-Speaker B.J. Cruz questioned Bordallo's role in fighting for the people as it pertains to the military buildup.

Cruz says he isn't quite satisfied with the way Congresswoman Madeleine Bordallo has been handling the issues pertaining to the movement of U.S. Marines from Okinawa to Guam. During the hearing today, Cruz suggested to Bordallo to go back to the federal government to find out if the Draft environmental Impact Statement could be revised and resubmitted before it becomes a permanent document.

He said, "I said that since this DEIS is much larger than the original scope that was originally discussed, and I think it's fair. And I asked her if she could spearhead the move to ask the Secretary of Defense to change the NEPA process that is currently being discussed and take this as an initial Draft EIS, have them revise it and resubmit it to us again as a draft."

Cruz says he remains critical of Bordallo, saying not enough has been done on her part to protect the island's coral reefs. Bordallo is the chairperson of the Subcommittee on Insular Affairs and Oceans and Wildlife. Cruz says he finds it disheartening that Bordallo received an award for the protection of the reefs and corals last year, but isn't speaking out against the dredging in Apra Harbor.

"Her silence in not speaking out against the fact they were going to dredge out 39 acres of coral in Apra Harbor was deafening," he continued. "And in being literate and polite, I said it was deafening and when pointing and trying to find the next word, she said 'unconscionable', and that probably is the best word."

Bordallo is on Guam hosting her own town hall meetings to gather input from stakeholders on the relocation. She says she will be submitting her own comments to the Joint Guam Program Office. Although there are many issues in line with the buildup, Bordallo says one thing for sure is that she does not support the use of eminent domain to acquire property for the military.

Said the delegate, "If a private landowner wants to lease or sell their property, that is their right because it's their property and if they choose not to, that is also their right, and I will not support the military using eminent domain to acquire the property if the landowner is opposed to doing so."

As for the use of government lands, Bordallo says the governor and Legislature are the only ones who can decide whether to lease or sell government property.

In the meantime, Barrigada resident Juan Unpingco says he has been living on Guam all his life and would hate to see his family's land be taken away by the military, saying, "I'm in support of the military buildup, provided there is no land condemnation. I'm in favor of rescinding land of equitable value of leasing property to meet the needs of the military buildup."

Dededo resident Janet Aguon says it's unfair how Guam has no say in this buildup. She says although she fought for the county in two wars, Aguon believes the buildup is not in the best interest of the people of Guam. "I'm truly sick and tired of the United States of America and the Department of Defense treating the people of Guam as if they were trash. So my message to President (Barack) Obama, the DoD, the Secretary of the Navy: take the military and put them in your own country and not on our tiny little island."

Two more hearings are scheduled tomorrow. One will be held at the Agat Community Center from 2-4pm. The other will be held at the Our Lady of Assumption Church Social Hall in Piti from 5-7pm.

PNC :: Sen B J Cruz with Ray Gibson

PNC :: Sen B J Cruz with Ray Gibson

Friday, 29 January 2010

Interview between Ray Gibson and Senator B J Cruz about his presentation to the Rotary Club on the Military Buildup Draft EIS. They also talked about the senator's legislation which suggested four options for filling a vacancy in the Guam Legislature. They then talked about new roadways the military may construct to alleviate traffic backlogs on Marine Corps Drive.

If the player does not work click here to download the entire podcast.
http://www.pacificnewscenter.com/images/stories/k57podcasts/jan10/100129_074056.mp3

Written by : Bob Gaeth

Senators Want to Define Marriage

Senators want to define marriage
Monday, 22 June 2009 02:12 by Therese Hart
Marianas Variety News Staff

Senator Frank Blas Jr. is personally opposed to same-sex marriages. That’s why he wants the term “marriage” to be clarified locally by law – specifically, whether “marriage” should also mean same-sex civil unions. Toward that effort, Blas and Sen. Tina Rose Muña-Barnes last week introduced Bill 158, which seeks to define marriage as a personal relationship between one male and one female arising out of a civil contract.

Blas has gone on record with the Variety saying that he opposes same-sex marriage, but looks forward to having a discussion on the same-sex union measure introduced by the office of Senator B.J. Cruz. Bill 138, authored by the Guam Youth Congress, would seek to establish civil unions on Guam for same-sex couples.

“Let’s have a discussion on the civil union bill, but I’m opposed to gay marriage. And we’ll have this discussion with the same-sex civil union bill. My bill just defines marriage,” said Blas.

Blas said that discussions he’s had with members in the community prompted him to introduce the bill.

“The bill was spurred by the discussions that were going on about the same-sex (civil) union bill and in those discussions, one of the things that came up was marriage. I did research and wanted to find out what the differences were. Our current statute defining marriage is defined as two persons with a union contract,” said Blas.

Under the third section of his bill, “Incompetency of Parties,” Blas includes “persons of the same gender,” saying that this inclusion would make the relationship between same-sex partners illegitimate.

Section three reads, “Marriages between parents and children, ancestors and descendants, persons of the same gender, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are void from the beginning whether the relationship is legitimate or illegitimate.”

Blas said that in listening to arguments on same-sex unions, “one of the things that came out of those discussions was that they’re not looking for marriage, they’re looking for rights and benefits. I hope they don’t see this as an affront to them, because that is not my intention.”

Now that local leaders and the community are discussing same-sex civil unions and there is a bill that will eventually receive a public hearing, Blas said he felt it was necessary to define marriage as a union contract between one man and one woman.

“This basically falls in line as defining marriage everywhere else in the nation. Across the nation, the states have defined marriage as one man and one woman union, I just want to clarify that in this bill,” said Blas.

In 1996, the U.S. Congress adopted the Defense of Marriage Act. A section of the Act defined “marriage” for the purposes of federal law and the other affirming federalism principals under the authority granted to it.

The first section states that for purposes of federal law, marriage means a legal union between a man and a woman. The second section reaffirms the power of the states and territories to make their own decisions about marriage.

“I find it necessary to amend our statute defining marriage so that it falls in line with the Defense of Marriage Act,” said Blas.

Legislators Mull Nonbinding Referendum on Troop Move

Marines’ plans could go before Guam voters
By Teri Weaver, Stars and Stripes
Pacific edition, Thursday, March 5, 2009

Legislators mull nonbinding referendum on troop move

TOKYO — Guam voters may get a chance later this year to say whether they want 8,000 U.S. Marines and their families to move onto the island, according to Guam lawmakers.

The proposed referendum would also ask voters whether the military should be allowed to lease Guam-controlled lands currently set aside for residential development and for reparations for some island residents who lost land decades ago to military use.

Lawmakers and leaders from both parties support the idea of the nonbinding vote, though for differing reasons, according to interviews with Guam senators in recent days.

Some say a strong showing could help persuade federal leaders to funnel more money to Guam, a U.S. territory that lacks a full vote in Congress and grapples daily with an inadequate tax base, aging infrastructure, troubled public schools, an overcrowded hospital and an overflowing landfill.

Others say that after three years of ample public discussion but few tangible investments, the public deserves a say about the project, especially now that the military is surveying land outside its fences to find adequate room for firing ranges.

Gauging the support of this last issue — the military’s need for more land — is the most important part of the proposal, according to Sen. Benjamin J.F. Cruz, sponsor of the referendum.

"There was a lot of concern from the community about losing that much property to the military," said Cruz, a Democrat and vice speaker of the legislature. "I thought, well, let’s ask the people."

As currently written, the referendum would take place 90 days after it’s approved by the legislature.

The special election would cost $150,000 to $200,000. Cruz said he hopes for a vote in the legislature in coming days.

More than three years ago, U.S. and Japanese governments announced an agreement to move Marines from III Marine Expeditionary Force on Okinawa to Guam. The buildup plans have grown to include the addition of an Army air defense unit and the ability to host weeks-long aircraft carrier visits.

It amounts to an expansion of the current 14,000 troops and Pentagon workers to an estimated 40,000 by 2014.

Currently, the military controls a little more than a quarter of the island’s 212 square miles, according to Sen. Judith Guthertz, another Democrat who heads the legislature’s Committee on the Guam Military Buildup and Homeland Security.

Earlier this year, military leaders shepherding the project told Guam officials they needed to look beyond the Navy and Air Force’s current land holdings to accommodate the Marines’ need for firing ranges, senators interviewed said. It was a change in tack for the military’s Joint Guam Project Office, whose officials had said for years they hoped not to increase the military’s footprint on the island. As plans developed, that goal became harder, according to Capt. Neil Ruggerio, a spokesman for the project office.

With the buildup, the military needs more area for rifle and machine gun ranges, he said. That means the military also needs to secure a pie-shaped wedge of land behind the targets for safety reasons. On existing bases, that safety area comes too close to popular tourist areas, endangered species’ domains and munitions storage, Ruggerio said.

This week, surveyors from the Navy’s Facilities Engineering Command in Hawaii are on Guam to look for adequate land. No land has been selected, though the military is talking with landowners and local mayors as it surveys, Ruggerio said. Some of the surveyed area includes Guam-controlled land in the Chamurro Land Trust Commission and the Ancestral Lands Trust Commission, according to senators who were interviewed.

The former is undeveloped land set aside for residents who were on the island before 1950. Those who qualify for the land can lease plots; in return, the government uses the lease payments to invest in infrastructure for the lots.

The second category is reserved for families who lost land during World War II but cannot reclaim it because of current use.

"You have to be very sensitive here," said Guthertz, who added she had not made up her mind about the land-use issue.

"People had difficult experiences at the end of World War II. … There has to be an overwhelming reason [to use more land]. That’s going to be a hard nut to crack for our indigenous people."

Sen. Edward Calvo, the legislature’s minority leader, said he too supported the referendum and he thought a public vote would overwhelmingly favor the buildup.

"The biggest question is paying for the election," he said Tuesday.

"And, if we find out that it’s not supported any more, we have to find out why."

Military officials, in a written statement, said they would welcome the public’s opinion.

The office of Republican Gov. Felix Camacho also had indicated support. Any passage would send a vote of confidence for the project, Lt. Gov. Michael Cruz wrote last week in response to written questions.

A public rejection, however, could slow down the process, Lt. Gov. Cruz wrote.

"Whether or not it will stop the process is tough to determine," he added.

Even Sen. Benjamin Cruz, who does not support the buildup, acknowledged that the referendum effort may be moot. "We may not have a choice in the matter," he said.