I Mina' Bente Nuebi Na Lihes/Aturan Guahan Speaker Mark Forbes

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I Mina' Bente Nuebi Na Lihes/Aturan Guahan Speaker Mark Forbes I Mina' Bente Nuebi Na Lihes/aturan Guahan The 29th Guam Legislature 155 Hesler Place Hagatna, Guam 96910 Office (671) 472-3407 •Fax (671) 472-3510 Speaker Mark Forbes Speaker Mark Forbes I Mina' Bente Nuebi Na Liheslaturan Guaban . J 155 Hesler Place . Hagatna, Guam 96910 J The Committee on Education, General & Onmibus Affairs to which Bill No. 112 was referred, - wishes to report its findings and recommendations TO DO PASS BILL No. 112 (EC), as ~·-­ substituted: "An Act To Authorize I Maga'lahen Guahan To Issue A Temporary Easement For : A Period Not To Exceed Three Years To Facilitate The Ongoing Efforts To Create The Masso .: Reservoir Fresh Water Fishing Grounds". ·) '-..) Lv Transmitted herewith for your consideration and action is our committee report on the above L...- subject matter. The vo~ir record is as follows: ~ TOPASS 0 NOTTO PASS TO REPORT OUT ONLY Q ABSTAIN 0 INACTIVE FILE Copies of the Committee Report and other pertinent documents are attache . Yu' os ma' ase for your attention to this matter. Attachments / MEMORANDUM TO: Committee Members FROM: Chai SUBJECT: Committ Report- Bill No. l 12(EC), as substituted: "An Act To Authorize I Maga 'lahen Guahan To Issue A Temporary Easement For A Period Not To Exceed Three Years To Facilitate The Ongoing Efforts To Create The Masso Reservoir Fresh Water Fishing Grounds." Transmitted herewith for your information and action is the report on Bill No. 112 (EC), as substituted, from the Committee on Education, General and Omnibus Affairs. This memorandum is accompanied by the following: l. Committee Voting Sheet 2. Committee Report 3. Bill No. 112 (EC), as substituted 4. Public Hearing Sign-In Sheet 5. Fiscal Note/ Fiscal Note Waiver 6. Notice of Public Hearing Please take the appropriate action on the voting sheet. Your attention and cooperation in this matter is greatly appreciated. Should you have questions regarding the report or accompanying documents, please do not hesitate to contact me. Thank you and si Yu'os ma'ase. MARK FORBES Attachments COMMITTEE ON EDUCATION, GENERAL AND OMNIBUS AFFAIRS I M I NA 'BENTE NUEBJ NA LJHESLATURAN GUAHAN 155 HESLER PLACE, HAGATNA, GUAM 96910 Bill No. 112 (EC), As Substituted By the Committee - An Act To Authorize I Maga' lahen Guahan to issue a temporary easement for a period not to exceed three years to facilitate the ongoing efforts to create the Masso reservoir fresh water fishing grounds. VOTING SHEET SIGNATl'RE TO NOTTO TO REPORT INACTIVE DO PASS PASS Ol!T OF A BSTA IN FIL£ COJ\IJ\IITTEE Mark Forbes, Chairman ----- -- c ~ L. /"' ~udith T. Won Pat, Ed.D. v r ~ ice Chainvomao j [Edward J. B. Calvo fh / Frank F. Blas, Jr. rP6 / James V. Espaldon ~~v / Frank T. lshizaki ~~ / / ~esse A. Lujan ~ !--..v )iD'\ Ray Tenorio / ~ ~ V"'~ - Antonio R. Unpingco f Lj · udith P. Guthertz Tina R. Muna Barnes Rory J. Respicio VVvV ~ ~icente C. Pangelinan I Mina' Bente Nuebi Na Liheslaturan Guahan The 29th Guam Legislature 155 Hesler Place Hagatna, Guam 96910 Office {671) 472-3407 •Fax {671 ) 472-3510 Speaker Mark Forbes WAIVER OF FISCAL NOTE In accordance with §9105 Title 2 GCA, I hereby certify that prompt committee action on Bill 112, as substituted, is necessary to the proper conduct of legislative business. Therefore, I am waiving requirement of a fi scal note on Bill 112, as substituted. / ' I MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN COMMITTEE ON EDUCATION, GENERAL & OMNIBUS AFFAIRS SPEAKER MARK FORBES, CHAIRMAN COMMITTEE REPORT ON BILL NO. 112 (EC), AS SUBSTITUTED AN ACT TO AUTHORIZE I MAGA'LAHEN GUAHAN TO ISSUE A TEMPORARY EASEMENT FOR A PERIOD NOT TO EXCEED THREE YEARS TO FACILITATE THE ONGOING EFFORTS TO CREATE THE MASSO RESERVOIR FRESH WATER FISHING GROUNDS. I. OVERVIEW The Committee on Education, General and Omnibus Affairs held a public hearing at 9:00 a.m., Tuesday, May 29, 2007 in the Public Hearing Room, I Liheslaturan Guahan. Public notice was submitted to all media (see facsimile poll/activity report attachment) on May 22 and May 25 and listed in the government meeting section of the Pacific Daily News on May 24, May 26 and May 28, 2007. Senators present at the public hearing were: Speaker Mark Forbes, Chairman Senator James Espaldon, member Senator Ben Pangelinan, member II. SUMMARY OF TESTIMONY Individuals that appeared before the Committee to present oral and written testimony on the bill were as follows: Mr. Paul Bassler, Director, Department of Agriculture Mr. Bassler presented testimony on behalf of Department of Agriculture (DO Ag). Mr. Bassler stated that the DO Ag was in favor of the legislation either as introduced or with amendments offered by DOAg. Mr. Bassler noted that the proposal would assist GovGuam with expediting the establishment of the reservoir. Mr. Bassler explained that the legislation enables the Navy to invest in GovGuam property via an agreement with DO Ag. The proposal would include the erection of a perimeter fence around the property, as well, funds would be used in the reforestation effort and ultimately benefit the Masso Reservoir watershed project. Mr. Bassler stated that the agreement allowing a temporary access easement would help improve the coral reef habitat in the Piti Marine Reserve. Mr. Bassler offered that the legislation be amended to include a ten (10) year access lease to the Navy for GovGuam properties in the municipality of Agat and Umatac, on the watershed of the of the area referred to Cetti Bay. Mr. Bassler noted that the amendment would address some $7.2 million in compensatory environmental mitigation related to the Navy's expansion of Kilo wharf. If included approximately five hundred (500) acres of grasslands and badlands will be reforested, which will reduce sedimentation within Cetti Bay and aid in the restoration of the reef and coral growth in surrounding waters. Ms. Lorilee T. Crisostomo, Administrator, Guam Environmental Protection Agency Ms. Crisostomo presented testimony on behalf of the Guam Environmental Protection Agency in favor of the passage of Bill 1 12 (EC). Ms. Crisostomo noted that Bill 112 will assist in the environmental mitigation for the dredging within Apra Harbor by providing temporary access to the project site. Ms. Crisostomo noted that the Government of Guam, through the Department of Agriculture, and along with the US Navy and the US Army Corps of Engineers have collaborated on a reforestation project design for the site. She stated that the project will reduce sediment eroding into the river that flows into the Piti Marine Preserve. She noted that the US Navy will provide funds for the reforestation project and revealed that the reforestation mitigation project will assist with on-ongoing efforts by the DOAg to create the Masso Reservoir Fresh Water Fishing Grounds. Ms. Crisostomo offered that once completed the island community would benefit as it will house a recreational area for hiking and fishing. Ms. Cri sostomo stated that GEPA supports the measure and supported the inclusion of Lot 275 at Cetti Bay as the site for the mitigation reforestation project for necessitated by the Kilo Wharf dredging at Apra Harbor. Mr. Carlos R. Untalan, Chief Planner, {Acting), Department of Land Management Mr. Untalan presented testimony on behalf of Department of Land Management (DOL) in support of Bi11 112 (EC). Mr. Untalan noted that the department understood the necessity of the proposed legislation and concurred with its intent. DOL recommended that the Department of Agriculture' s Division of Aquatic & Wildlife Resources work with agencies to identify the aligrunent of the temporary access in accordance with the island's subdivision laws. Mr. Alberto A. Lamorena V, Director, (Acting), Bureau of Statistics and Plans Mr. Lamorena submitted testimony on behalf of Bureau of Statistics and Plans in favor of Bill 112 (EC). Mr. Lamorena stated that the Bureau is actively engaged in a mitigation project with the Department of Agriculture for the Masso area. Mr. Lamorena added that the Bureau is able to assist with funding, through its Coral Reef lnitiative Management Grants, in support of the reforestation project with the immediate goal of reducing sedimentation in the Pi ti Marine Preserves and the eventual realization of the Masso Reservoir Fresh Fishing Grounds. III. FINDINGS AND RECOMMENDATION The Committee on Education, General and Omnibus Affairs to which was referred Bill No. 112 (EC) finds that the United States Navy is required to put forward a compensatory environmental mitigation project as a result of its ongoing maintenance dredging within Apra Harbor, in the vicinity of wharfs labeled as Alpha and Bravo. The Government of Guam Department of Agriculture, the US Navy and the US Army Corps of Engineers have designed a reforestation project for Apra Harbor Reservation "B"-R7, also known as Apra Harbor Parcel 2, to mitigate and address the loss oflive coral during the excavation process by the Navy. The parcel size is deemed to entail approximately 119,765.97 square meters, or about 29.5947 acres. The US Navy has obligated $250,000 from its budget as the identified funding source for the project. The Forestry and Soil Resources Division of Guam's Department of Agriculture will be tasked as the lead State agency for the reforestation project. The Project includes the erection of an eight foot (8') perimeter fence around the entire parcel. Reforestation of approximate! y thirteen ( 13) acres of grasslands and badlands around the reservoir is projected to be realized with a tandem goal of reducing sediment eroding into the river that feeds into the Piti Marine Preserve. It is anticipated that the project will help to improve and enhance the coral reef ecosystem in the preserve. Bill No. 112 (EC) would authorize I Maga' Lahen Guahan, the Governor of Guam, on behalf of the Government of Guam and the people of Guam, to enter into a temporary access easement agreement or lease agreement with the United States Navy, to provide temporary access to the lot known as Apra Harbor Reservation "B"-R7, also known as Apra Parcel #2 as delineated in Department of Land Management Instrument No.
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