TWENTIETH NORTHERN MARIANAS COMMONWEAL TH LEGISLATURE
IN THE HOUSE OF REPRESENTATIVES
______SESSION, 2017 H.Res. ~l-1
A HOUSE RESOLUTION
To respectfully request the Governor of the Commonwealth of the Northern Mariana Islands to request the United States Secretary of the Interior to transfer the administration of the American Memorial Park to the Government of the Commonwealth of the Northern Mariana Islands, and for other purposes.
1 WHEREAS, Legislature finds that there is a need to transfer the
2 administration of the American Memorial Park to the Government of the
3 Commonwealth of the Northern Mariana Islands for the following reasons:
4 (1) Although it is understood that the National Park Service is charged with
5 the responsibility of preserving the ecological and historical integrity of
6 the places entrusted to its management, it is similarly understood that the
7 National Park Service also has to make them available and accessible for
8 public use and enjoyment. For many years, including the early years of the
9 initial National Park Service takeover period, numerous activities enjoyed
10 by the public were traditionally held at the American Memorial Park as it
11 was spacious and located at a favorite beach spot on Saipan, Micro Beach.
12 People flocked in large numbers to attend these events. Over the years, HOUSE RESOLUTION -~-0_,_'l__
1 however, federal restrictions imposed by the National Park Service have
2 affected these events. Some of the main activities included the following:
3 (a) Liberation Day : held annually on the fourth of July, this
4 momentous celebration commemorates freedom from the
5 various encampments of the indigent population during the
6 post-war period.
7 (b) Flame Tree Arts Festival: this colorful festivity was held
8 annually at the American Memorial Park for over twenty-
9 five (25) years to celebrate the diverse and unique cultures
10 and traditions of the people of the CNMI and the Pacific
11 Region. A highly anticipated and cultural feature of the
12 festival involved journeys made from Satawal Island to
13 Micro Beach. By invitation, chief navigators would sail
14 their canoes from Satawal in the Western Caroline Islands
15 and perform a ceremonious landing at Micro Beach, the site
16 of one of the first Carolinian villages built in during the
17 1800's. Micro Beach faces Managaha (Ghalghal) Island,
18 the home and burial ground of the legendary Carolinian
19 Chief Aghurubw from Satawal.
20 (c) Taste of the Marianas: The American Memorial Park has
21 served for the past nineteen (19) years as the main stage in
22 May for this signature event. Organized by the Marianas
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Visitors Authority, Taste of the Marianas is internationally
2 recognized and immensely popular with tourists and
3 residents alike. This year its organizers were forced to
4 relocate the venue to another location, citing the imposition
5 of the National Environmental Policy Act (NEPA) as an
6 additional federal requirement restricting the use of the
7 American Memorial Park as such.
8 ( d) Athletic & Sporting Events: The American Memorial
9 Park has served as the starting and finishing points for
10 major sporting events that support the CNMI's fledgling
11 tourism industry, such as the Tagaman Triathlon, twenty
12 seven (27) years, Xterra Triathlon, twelve (12) years,
13 Saipan Marathon, eleven (11) years, and Hell of the
14 Marianas, nine (9) years. These events will more than
15 likely be affected should the National Park Service apply its
16 restrictions.
17 ( e) Saipan Fishing Derby: The Marina Cove at the American
18 Memorial Park has served for the past thirty-four (34) years
19 as the venue for the launching of the Annual Saipan Fishing
20 Derby. The CNMI's first and longest-running fishing derby
21 stands to lose this site should the National Park Service
22 apply its restrictions.
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1 (f) School-Related Activities: Graduation ceremonies, plays,
2 concerts, and other activities organized by public and
3 private schools, including the Northern Marianas College
4 (CNMI' s only post-secondary college institution) have
5 dwindled in numbers throughout the years.
6 (g) Community Outreach Activities: The American
7 Memorial Park had been one of the ideal locations for
8 outreach activities organized by agencies that catered to the
9 economically and socially disadvantaged populations in the
10 CNMI. Activities designed to impart information and
11 mcrease awareness on available community & family
12 resources ranged from Energy Fairs, Childcare Services,
13 Public Health Outreach, WalkaThons, Child Abuse
14 Awareness & Prevention activities, and Family Fun Days,
15 to name a few; and
16 WHEREAS, the Legislature finds that most of the aforementioned
17 activities have stopped utilizing the American Memorial Park as a venue due to
18 the restrictions and permitting process imposed by the National Park Service; and
19 WHEREAS, the Legislature finds that the permitting process from the
20 National Park Service is lengthy and stringent; and
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1 WHEREAS, there are additional requirements after permit issuance, such
2 as cost recovery charges and proof of liability insurance that pose greater
3 difficulties for the applicant; and
4 WHEREAS, the Legislature finds that when the American Memorial Park
5 was first conceptualized and planned in January of 1978, the Physical
6 Development Master Plan for the Commonweath of the Northern Mariana Islands
7 was published that "envisioned the park as a recreation complex for islandwide
8 activities (Appendix 4)", however, these activities have dwindled over the years
9 with the imposed restrictions and expectations from National Park Service; and
10 WHEREAS, the Legislature finds that as the last remaining large piece of
11 public land property, the 133-acre American Memorial Park lies within the
12 vicinity of the Garapan Business and Tourist District and would serve as an ideal
13 location for the establishment of an Indigenuous Cultural Center that is easily
14 accessible to businesses, tourists, visitors, residents and the general public as well.
15 Current federal regulations from National Park Service prohibit new buildings or
16 centers from being erected on the American Memorial Park premises; and
17 WHEREAS, the 1989 General Management Plan for the American
18 Memorial Park describes a Northern Marianas Cultural and Performing Arts
19 Center that will be used for community social and education programs. Requests
20 during public meetings and indigenuous groups led the Governor to reserve an
21 area of the park "as a developed cultural history demonstration area". The plan
22 further states, "Development and operation of the Northern Marianas Cultural and
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1 Performing Arts Center will be administered by local cultural groups under an
2 agreement with the National Park Service and the Commonwealth"; and
3 WHEREAS, the Legislature finds that prior to the National Park Service
4 takeover of the American Memorial Park, the people of the CNMI had for
5 countless years enjoyed the land and fine white sand beaches of Micro Beach
6 which bounds the Park, Micro Beach was known and valued by the indigent
7 population for its unique beauty, natural resources, aesthetic and cultural values.
8 Families frequented Micro Beach, fished, held picnics, and kept it clean and
9 pristine. They understood the importance of respecting their land and waters, as
10 these were critical to their livelihood. Now Micro Beach appears austere and
11 unkempt, with few land activities such as picnicking, athletic games and other
12 events mentioned herein; and
13 WHEREAS, the Legislature finds that the American Memorial Park is a
14 potential revenue stream. It lies at the heart of a thriving business and tourist
15 industry area that is accessible by foot from major hotels and businesses such as
16 the Hyatt Hotel, Fiesta Resort, Victoria Hotel, Grandvrio Resort Saipan, and the T
17 Galleria. In addition, the building project by Imperial Pacific, Inc., aka Best
18 Sunshine, the largest operating casino establishment in the CNMI, nears
19 completion. Activities cited in this resolution, including plans for culturally
20 relevant activities that attract tourists and visitors, are promising sources of
21 revenue that could reap great benefits to the economic industry of the CNMI; and
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1 WHEREAS, the Legislature further finds that Section 5(f) of United
2 States Public Law 95-348 states, "The Secretary shall transfer administration of
3 the park to the government of the Northern Mariana Islands at such time as the
4 Governor, acting pursuant to legislation enacted in accordance with Sections 5
5 and 7 of article II of the Constitution of the Northern Mariana Islands, requests
6 such a transfer"; and
7 WHEREAS, pursuant to United States Public Law 95-348, once the
8 transfer occurs, "All improvements, including real and personal property, shall
9 thereupon be transferred without cost to the government of the Northern Mariana
10 Islands and thereafter the full cost of development, administration, and
11 maintenance for the park shall be borne by the government of the Northern
12 Mariana Islands"; and
13 WHEREAS, once a transfer occurs, the Legislature shall appropriate
14 funding for the development, administration, and maintenance of the American
15 Memorial Park. Until such time as appropriated funding occurs, the Governor, or
16 the Director of the Parks & Recreation division, shall be authorized to expend
17 interest earned from the funds received from the United States pursuant to Section
18 803( e) of the Covenant to Establish a Commonwealth of the Northern Mariana
19 Islands in Political Union with the United States of American and Part 5(8) of the
20 Technical Agreement and Article XI, Section 6( d) of the Commonwealth
21 Constitution and held by the Marianas Public Land Trust (MPL T) in trust to
22 produce income for the development of the American Memorial Park;
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1
2 NOW THEREFORE BE IT RESOLVED, by the House of
3 k epresentatives of the Twentieth Northern Marianas Commonwealth Legislature I
4 ~hat the House hereby requests the Governor of the Commonwealth of the
5 !Northern Mariana Islands to request from the United States Secretary of the
6 ~nterior that the administration of the American Memorial Park be transferred to
7 the Government of the Commonwealth of the Northern Mariana Islands; and
8 BE IT FURTHER RESOLVED, that the Speaker of the House of
9 Respresentative shall certify and the House Clerk shall attest to the adoption of
10 this resolution and thereafter transmit certified copies to the Ryan Zinke, United
11 States Secretary of the Interior; Honorable Ralph DLG. Torres, Governor of the
12 Commonwealth of the Northern Mariana Islands; Honorable Arnold I. Palacios,
1 13 Senate President, 20 h Northern Marianas Commonwealth Legislature; Honorable
1 14 Gregorio Kilili Camacho Sablan, CNMI Delegate to 115 h United States Congress;
15 and the CNMI National Park Service Ranger.
Prefiled: ------
Date: ------Introducedby: l)rv,~e, ~~ Rep. Donald C. Barcinas
Reviewed for Legal Sufficiency by:
~ /1, ;:J r eLegalCounsel ~
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