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. 623931 in the municipality of Piti, for the specific purpose of providing access to conduct and facilitate prescribed mitigation work in the reforestation of the Masso Reservoir. The committee finds that the mitigation plan is in concert with ongoing efforts by the Department of Agiiculture to create the Masso Reservoir Fresh Water Fishing Grounds. This environmental project is currently in the design phase and the mitigation work of reforesting the Masso Reservoir watershed will create a valuable recreational area for local families for hiking and fishing. The three-year easement is needed to give the Navy temporary access during the mitigation process for a term not to exceed three (3) years.
Additionally, the US Navy will perform mitigation work associated with the expansion of its Kilo Wharf. Collaborative efforts between GovGuam and the US Navy reveal that a significant amount of environmental resources will be distressed during the dredging and construction phases of the Kilo Wharf expansion project. The quantitative amount of damage to existing coral reefs is pegged at approximately $7.2 million dollars. To mitigate these damages, the parties of interest have identified the reforestation of the Cetti Bay Watershed, specifically Cetti Bay Lot 275 in Municipality of Agat!Umatac, Land Management Registration Document No. 567559, as an appropriate mitigation project.
Substitute 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 Cetti Bay Lot 275 in Municipality of Agat!Umatac, Land Management Registration Document No. 567559 for the purposes of constructing fencing and reforestation of the Cetti Bay watershed as part of the US Navy's compensatory mitigation project in relation to ongoing construction and dredging of Kilo Wharf for a term not to exceed ten (IO) years. This will reduce sedimentation within Cetti Bay and aid in the restoration of the reef and coral growth. The committee finds that in anticipation of this construction project, the granting of a temporary access instrument to the US Navy to said property will allow for collaborative workings between parties involved and is in the best interest of the people of Guam. ·
Accordingly, the Committee on Education, General and Omnibus Affairs to which Bill No. 112 (EC) was referred finds that Bill 112 (EC) serves the interest of its citizenry and the committee does hereby submit its findings and recommendations to I Mina' Bente Nuebi Na Liheslaturan Guahan TO DO PASS BILL NO. 112(EC), as substituted, "An Act To Authorize I Maga'lahen Guahao 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 MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2007 (FIRST) Regular Session
Bill No. 112(EC) As substituted by the Committee on Education, General & Omnibus Affairs
Introduced by: J. V. Espaldon A. R. Unpingco
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.
BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 that the US Navy is required to conduct environmental mitigation as a result of its 4 ongoing maintenance dredging within Apra Harbor in the vicinity of Alpha and 5 Bravo wharfs. As mitigation for the loss of coral during the excavation process, 6 the Government of Guam, specifically the Department of Agriculture, the US Navy 7 and the US Army Corps of Engineers have designed a reforestation project for 8 Apra Harbor Reservation "B"-R7, also known as Apra Harbor Parcel 2. This parcel 9 is approximately 119,765.97 square meters, or about 29.5947 acres. This 10 reforestation project will be conducted by the Guam Department of Agriculture, 11 Forestry and Soil Resources Division, and will be funded by the US Navy. The 12 project cal1s for the erection of an 8' perimeter fence around the entire parcel, and 13 reforestation of approximately 13 acres of grasslands and badlands around the 1 reservoir. The goal of the project is to reduce sediment eroding into the river that 2 feeds into the Piti Marine Preserve in order to improve and enhance the coral reef 3 ecosystem in the preserve. The Navy has obligated $250,000 for this project. I 4 Liheslatura finds that this mitigation plan is in concert with ongoing efforts by the 5 Department of Agriculture to create the Masso Reservoir Fresh Water Fishing 6 Grounds. This environmental project is currently in the design phase and the 7 mitigation work of reforesting the Masso Reservoir watershed will create a 8 valuable recreational area for local families for hiking and fishing. The three-year 9 easement is needed to give the Navy temporary access during the mitigation 10 process. 11 Additionally, the US Navy will also perform mitigation work associated 12 with the expansion of Kilo Wharf. Collaborative efforts between the government 13 of Guam and the US Navy have identified that significant environmental resources 14 will be disturbed during the dredging and construction phases of the Kilo Wharf 15 expansion project. Said damage to existing coral reefs has been quantified to the 16 amount of $7 .2 million dollars. To mitigate these damages, the parties of interest 17 have identified the reforestation of the Cetti Bay Watershed, specifically Cetti Bay 18 Lot 275 in Municipality of Agat/Umatac, Land Management Registration 19 Document No. 567559 as an appropriate mitigation project that will help reduce 20 sedimentation within Cetti Bay and greatly aid in reef restoration. In anticipation 21 of this construction project, I Liheslaturan Guiihan finds that it is in the best 22 interest of the people of Guam to also grant a temporary access instrument to the 23 US Navy to said property in order to work collaboratively with GovGuam in this 24 reforestation effort. 25 Section 2. Authorization to Grant A Temporary Access Easement for 26 Masso Reservoir Reforestation Project. a) Pursuant to §60112 of Chapter 60, Title 21 Guam Code Annotated, 1 2 Maga 'Lahen Guahan is authorized to grant a temporary access easement with the 3 United States Navy to provide temporary access to the lot known as Apra Harbor 4 Parcel 2 located at Masso Reservoir as delineated in Department of Land 5 Management Instrument No. 623931 in the municipality of Piti for the purposes of 6 constructing fencing and reforestation of the Masso Reservoir watershed as part of 7 the US Navy's compensatory mitigation project in relation to ongoing construction 8 and dredging of Alpha and Bravo Wharfs. 9 b) Terms and Conditions. l Maga 'Lahen Guahan shall execute a I 0 temporary access easement agreement or lease agreement with the United States 11 Navy to provide temporary access to the lot known as Apra Harbor Reservation 12 "B"-R7, also known as Apra Parcel #2 as delineated in Department of Land 13 Management Instrument No. 623931 in the municipality of Piti for the specific 14 purpose of providing access to conduct and facilitate prescribed Illitigation work in 15 the reforestation of the Masso Reservoir. The applicable terms and conditions to 16 govern the temporary access easement shall be formulated by the Director of the 17 Department of Agriculture. Such temporary access easement shall be for a term not 18 to exceed three (3) years. Said temporary access easement shall be executed by I 19 Maga 'Lahi, approved as to form by the Attorney General of Guam, and submitted 20 to I Liheslaturan Guahan upon execution together with documentation 21 substantiating compliance with this Act. The terms and conditions of the temporary 22 access easement shall require the Navy to indemnify the Government of Guam for 23 any liability arising from the use of the property as defined by the access easement. 24 Any use of the property other than for its specified purposes shall render the lease 25 null and void. 26 _S_ec_t_io_n__ 3_. __A__ ut_h_o_r_iz_a_t_io_n __ to__ G_r_a_n_t_A __ T_e_m_p_o_r_a_ry __ A_c_c_e_ss 27 Instrument for Cetti Bay Reforestation Project. a) Pursuant to §60112 of Chapter 60, Title 21 Guam Code Annotated, I 2 Maga 'Lahen Guahan is authorized to grant a temporary access easement or lease 3 agreement with the United States Navy to provide temporary access to the lot 4 known as Cetti Bay Lot 275 in Municipality of Agat/Umatac, Land Management 5 Registration Document No. 567559 for the purposes of constructing fencing and 6 reforestation of the Cetti Bay watershed as part of the US Navy's compensatory 7 mitigation project in relation to ongoing construction and dredging of Kilo Wharf. 8 b) Terms and Conditions. I Maga 'Lahen Guahan shall execute a 9 temporary access easement or lease agreement with the United States Navy to 10 provide temporary access to the lot known as Cetti Bay Lot 275 in Municipality of 11 Agat/Umatac, Land Management Registration Document No. 567559for the 12 specific purpose of providing access to conduct and facilitate prescribed mitigation 13 work in the reforestation of the Cetti Bay Watershed. The applicable terms and 14 conditions to govern the temporary access instrument shall be formulated by the 15 Director of the Department of Agriculture. Such temporary access instrument shall 16 be for a term not to exceed three (I 0) years. Said temporary access instrument shall 17 be executed by I Maga 'Lahi, approved as to form by the Attorney General of 18 Guam, and submitted to I Liheslaturan Guahan upon execution together with 19 documentation substantiating compliance with this Act. The terms and conditions 20 of the temporary access instrument shall require the Navy to indemnify the 21 Government of Guam for any liability arising from the use of the property as 22 defined by the access instrument. Any use of the property other than for its 23 specified purposes shall render the instrument null and void. I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2007 (FIRST) Regular Session . ' . . J'
.)
Bill No. I I ;2 ,
.1 v . .I Introduced by: J. Y. Espaldonf(t A. R. Unpmgc%; '
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 RESERVOffi FRESH WATER FISHING GROUNDS.
1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 that the US Navy is required to conduct environm.ental mitigation as a result of its 4 ongoing maintenance dredging within Apra Harbor in the vicinity of Alpha and 5 Brayo ~harfs . As mitigation for ~~-e loss of coral ~uring the excavation proces ~- 6 the Government of Guam, specifically the Department of Agriculture, the US Navy 7 and the US Army Corps of Engineers have designed a reforestation project for 8 Apra Harbor Reservation "B"-R7, also known as Apra Harbor Parcel 2. This parcel 9 is approximately 119,765.97 square meters, or about 29.5947 acres. This 10 reforestation project will be conducted by the Guam Department of Agriculture, 11 Forestry and Soil Resources Division, and will be funded by the US Navy. The 12 project calls for the erection of an 8' perimeter fence around the entire parcel, and 13 reforestatiqn of approximately 13 acres of grasslands and badlcm-ds· around the .j ... ~ . I " · . ' : · '·•
-- -- ..... s.,.-<'t~'t"~~!· :~ - -. ~ ~;~; .~~~:-; :.~... 1 reservoir. The goal of the project is to reduce sediment eroding into the river that 2 feeds into the Piti Marine Preserve in order to improve and enhance the coral reef 3 ecosystem in the preserve. The Navy has obligated $250,000 for this project. I 4 Liheslatura finds that this mitigation plan is in concert with ongoing efforts by the 5 Department of Agriculture to create the Masso Reservoir Fresh Water Fishing 6 Grounds. This environmental project is currently in the design phase and the 7 mitigation work of reforesting the Masso Reservoir watershed will create a 8 valuable recreational area for local families for hiking and fishing. The three-year 9 easement is needed to give the Navy temporary access during the mitigation I 0 process. 11 Section 2. Authorization to Gr ant A Temporary Access Easement. 12 Pursuant to §60112 of Chapter 60, Title ~I Guam Code Annotated, I Maga 'lahen 13 Guahan is authorized to grant a temporary access easement with the Uruted States 14 Navy to provide temporary access to the lot known as Apra Harbor Parcel 2 15 located at Masso Reservoir as delineated in Department of Land Management 16 Instrument No. 623931 in the murucipality of Pi ti for the purposes of constructing 1 7 fencing and reforestation of the Masso Reservoir watershed as part of the US 18 Navy's compensatory mitigation project in relation to ongoing construction and 19 dredging of Alpha and Bravo Wharfs. - ---zo Sect i on-3~'Ferm s and-Cond.itions.-J-M.age-:.kzhen- fiuahan shall execute a
21 t temporary access easement agreement with the United States Navy to provide 22 temporary access to the lot lmown as Apra Harbor Reservation "B"-R7, also 23 known as Apra Parcel #2 as delineated in Department of Land Management 24 Instrument No. 623931 in the municipality of Piti. The applicable terms and 25 conditions to govern the temporary access easement shall be formulated by the 26 Director of the Department of Agriculture. Such temporary access easement shall 27 be for a term not to exceed three (3) years. Said temporary access easement shall .. -·--, ' •l•. I
~· ... '
~ ~-· . -,.- - ';: ...... _ . : ' .. ~ · ·~ -,~. - ·~· ,,_ ~ l be executed by I Maga 'lahi, approved as to form by the Attorney Genera] of 2 Guam, and submitted to I Liheslaturan Guahan upon execution together with 3 documentation substantiating compliance with this Act. The terms and conditions 4 of the temporary access easement shall require the Navy to indemnify the 5 Government of Guam for any liability arising from the use of the property as 6 defined by the access easement. Any use of the property other than for its 7 specified purposes shall render the lease null and void.
-- ·------
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r.. ~ ... ~..· ·..-~ AGENDA COMMITTEE ON EDUCATION, GENERAL & OMNIBUS AFFAIRS
Public Hearing May 29, 2007, 9:00 a.m. Public Hearing Room
Tlte following Bills will be heard by tlte Committee 0 11 Education, General & Omnibus AO Bill No. 59 (EC) - An Act to Zone the Previously Unzoned Lot Nos. 5328-SNEW- R2, 5328-R6NEW-R2 and 5328- 6, All in the Municipality ofDededo to Light Industrial ("M-1") Zone. Bill No. 112 (EC) - 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. Committee on Education, General & Omnibus Affairs Public Hearing May '29. 2007 9:00 a.m. I Liheslaturan Guahan, Hagatna Bill No. 112 (EC) - 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 fis hing grounds. NAME AGENCY/ ORAL WRITTEN IN NOTIN CONTACT TESTIMONY TESTIMONY (please print) ORGANIZATION FAVOR FAVOR NUMBER ~~ c- _ · '.;-e\ \ ' \,\ ... \1- \) ' ,/> \ \.-('. A ... 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Guam Legislature 155 Hesler Place Hagatna, Guam 96910 Office (671) 472-3407 •Fax (671) 472-3510 Speaker Mark Forbes May 22, 2007 MEMORANDUM TO: All Media: Pacific Daily News; 477-3079 KUAM; ~~98W Marianas Variety; 648-2007 K-57/Power 98; 477-3982 K-Stereo; 477-6411 Hit Radio I 00; 4 72-7663 Glimpses-Gu. Business 649-8883 Adventist World Radio 565-2983 Harvest Family Radio 477-7136 KPRG 734-2958 KISH 477-64 11 ABC 14 637-8819 FROM: Speakei / Chai rm~mmittee on Education, General & Omnibus Affairs SUBJECT: Updated Agenda Notice of Public Hearing- Tuesday, May 29, 2007 Please be informed that I have scheduled a public hearing on Tuesday. May 29, 2007. 9:00 a.m .. atthe Public Hearing Room, Temporary Legislative Building, on the following bills: The {ollowing Bills will be heard bv the Committee on Education, General & Omnibus Affairs; Bill No. 59 (EC) - An Act to Zone the Previously Unzoned Lot Nos. 5328-5NEW- R2, 5328-R6NEW-R2 and 5328- 6. All in the Municipality of Dededo to Light Industrial ("M-1 ")Zone. Bill No. 112 (EC) - An Act To Authorize i Maga·Jahen 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. MARK FORBES .Li..ct i v ity Repo1t C. e. to T. m€• L OC3 I I C L ee::;: 1 n;ime •::r:- m i.:.a n ;1 L C ~o C.:i I I 1 1·1 ;t comm ~ 1"1 t ~ ;=.; ~: 1J I t s .: r J ,- -:;: T 1 me Me de r'\Jo. 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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 Facsimile Date: May 25, 2007 Time: Fax No.: 477-3079 No. of Pages: To: PON Government Meetings From: The Office of Speaker Mark Forbes Re: Public Hearing Notice- Tuesday, May 29, 2007 Note: We would like to reserve space in the government meeting notice section of the Pacific Daily News for Saturday, May 26, Sunday, May 27, Monday, May 28, and Tuesday, May 29, 2007 to read: ··committee on Education, General & Omnibus Affairs: Public Hearing. 9:00 am, Tuesday, May 29, 2007. Public Hearing Room, Temporary Legislative Building. Hagatiia, Guam. The fo ll owing Bills will be heard; Bill No. 59 (EC) - An Act to Zone the Previously Unzoned Lot Nos. 5328-SNEW- R2. 5328-R6NEW-R2 and 5328- 6, A ll in the Municipality of Dededo to Light fndustri al ("M- 1") Zone. Bill No. l12 (EC) - An Act To Authorize i Maga·lahen Guahan to issue a temporary easement fo r a period not to exceed three years to facil itate the ongoing efforts to create the masso reservoir fresh water fishing grounds. For ADA assistance call Eugene Santos, 4 72-340T. Should there be a problem with the transmittal of this fax please contact our office at 4 72- 3407. Tr-ansm SS on Repo r~t C ·s-:--? TI f;1...a :-_c:-·:-: : - :::- ... - LC·~~ I C .1-j ~ .= I c.) LOC ., I ' ;1 rno: :ce?._ er s 1:> -t- t- 1 ct? :..:'lta:. ~ r :• L · , :;, Th I s document was conf rmed (reduced sampl e and detar IS be I OW) Document s; ze 5 . 5 x 8 . 5" Total Pege~ sc~nn ad 110. Doc i=-:mote St:it1on 1>.ICde Comme~t~ Re ~ u•~~ CP 1 -'. -l 10 ce;; EC: Errcr =:rrocc C:E: f: E<:e nd PD: Fcl 1eo O~I s:t ,~ mo t ~ ~. lE- : Pece1 e to ,... ,~ I I co ?C : Sr c~dr).t .;,'i!11d 1.1 F: r1u • t: 1-F c1 PG: l" O I I ' n ;i :l Rr>mo · .- Of : °'C·f'o'er' I n t erruor-1on ::r-: ::cmo 1 ett?;I F. 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Business 649-8883 Adventist World Radio 565-2983 Harvest Family Radio 477-7136 KPRG 734-2958 KISH 477-6411 ABC 14 637-8819 FROM: S peaker~ Chairma.%nmittee on Education, General & Omnibus Affairs SUBJECT: 2"d Notice of Public Hearing- Tuesday, May 29, 2007 Please be informed that I have scheduled a public hearing on Tuesday, May 29, 2007. 9:00 a.m .. at the Public Hearing Room, Temporary Legislative Building, on the following bills: The {o/lowing Bills will be heard bv the Committee on Education, General & Omnibus Affairs,· Bill No. 59 (EC) - An Act to Zone the Previously Unzoned Lot Nos. 5328-5NEW- R2, 5328-R6NEW-R2 and 5328- 6, All in the Municipality of Dededo to Light Industrial ("M-1 '') Zone. Bill No. 112 (EC) - 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. 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J . ~ ~- p=====::::;:::::==::::::;:;======::::::::::======:::::::::::::::::======-=====-=====:::::::::======('°'( f 5-Day forecast for Guam Accu Weather .com ~;..--;;.:.:::;::::==:;.:-.~:;:=:~=;-~=..o.--=;:~-- Sun onday -g :> ~~ F ... 5 "'il-----1 ~~~~ t r ll't ':-~---....-...~-----.;~T------;;;.;;:;,---_,,.... ~ .. ? \ / C'- ) J ) ~ . \ ' '•' \ I 9 . ' Loe AL . report, enforcement order, GTA es pending at CSC for Sean Mc Bill 59, zoning previou&y WlZOlled pi'ofessiooal educator certification; ~ Public Utilities Com GUAMCEl.L aibitration status re Dermott; MJ. Rector vs. Depart lots in Dededo to light industrial Bill 103 , providingfur~ I ecial meeting: Postponed port; Solid W3* Management pro m211 ofF.ducation; judgment ofdis z.One; Bill 112, authorizing the gov approval of leave of~ fur out- 1ay 26, Suite 204, GCIC pc:a:cl order, Guam WaterwOlksAu mis.W: M Bailey vs. GPSS; B. Tai ernor to~ a tempcrary easement side employment; Bill 105, relative ~ HagAti'ia. Guam Power thority d.isrnis.w order. taoo-Cruz vs. University of Guam. for a period not exceeding three to requiring all those convicted of I : regular asset petition, May29 JABucaovs.A.B. WonPatGuam years to facilitate ongoing efforts to criminal sexual conduct or of crime , oolllraCt ratification. TCP CivlServke CommRim board Intemational Airport Authority, B. create the Masso reseivoir freshwa agaimt a victim who is a minor to Ul perue allowability under meeting: 5:30 p.m. May 29, secood 1anllSCn vs. GPSS, A. Santos vs. ter fishing grow:ids. For special ac register in the Sex Offender Reg- S. PA-Navy customer ser floor coo:ference room, Hakubotan GPSS. Fer special acccunuodatic:m, commodatiom, call 472-3407. istry and to strengthen.Guam Sex a_ ment amendment; con Building, Tamuning. Hearing: E. call 647-1855/57 ar1DD 647-1872. Committee on General Gov Offender registration and notifica- o w protocol amendment; Mesa vs. Guam Public School Sys Committee m FmM"Btioo, Gen ernmental Operatlom and Reor tion program requirement. Submit '.:.< nterconnection imple tem; decision and judgment: D.S. eral. & Omnibus ~ pu~lic pnindim public hearing: 9 a.m. to written testimony by e-mail to: tes- ~ , standards, OTA tariff Hufana vs. Guam WaterwOlks Au ~ 9 a.m. May 29, l..cgisla noon May 29, Legislablre's SCMion [email protected]; or fax o Ill. GTAAPAcompliance thority; decision and order: all cas- ture's public hearing rooolt HagAlfia. hall, HagAlila. Bill 99, relative to 475-3844. Call475-3841. ~ . LASER HAIR REMOVAL ~ LASER TATTOO REMOVAL g ._.,...-,,i.._....,.._....,.....,...... G" 633-CURE':..u: ; {~PltclRC 1. VISWIDS BOUTIKI :a Cw•~ MEMORIAL DAY I SPECIAL Discounts up to 75% off Present your local or Military ID and receive 20% off regular priced merchandise (some restrictions apply) In T1ie Bdne • • : 2 Corin(hians 5: 14a : : •For the love of Christ: : constraineth us ... • : • . .• .• The word con-• • • . : straineth means to : .-::aii..-::m~~l!DA!li------...,~~· - • ._, - ' . ------6 Al rrq:is, b1ICC5I cn:I dola pn:Mded by l>c:vWrdx v.+.ich has o Wfi:J :iile at www.CICCW«llher.com. The cn:I ocx:omponying inlonnation ore provided by he N j _ er Sonice. for on ~ weolher- becxist, coll 2 "'8 t-OAA waalw ndo WXJ.IB5 on VHF lrequenc.y 162.• N nel 2). Notional Weather Service Guom I given for K lccc.ed chics. GOVERNMENT MEETINGS GPSS. For special accommodatiom, Tomorrow 9 a.m. to noon May 29, Legisla • Guam Board of Registra Early Intervention ) call 647· 1855/57 or1DD647-1872. • Civil Service Co~lon ture's session hall, HagAtiia. Bill tion for Profesmonal Engineers, Community Empo11 • Committee on Education, board meeting: 5:30 p.m. May 29, 99, relative to professional educa· Architects and Land Surveyors Council: Meeting as a Geoen1 & OmnibusAtfairs pub second floor conference room, tor certification; Bill 103, providing regular meeting: 4 p.m. May 29, lic bearing: 9 a.m May 29, Legisla to 11 a.m. May 30, PEA< Hakubotan Building, Tamuning. for discretionary approval of leave boanl ture's public hearing room, HagAtiia. conference room, Upper Tu· J & G Commercial C Hearing: E. Mesa vs. Guam Public of abscnre for outside employment; mon. For special accommodations, above the Mayors Co Bill 59, zooing previously unz.oned School System; decision and judg· Bill 105, relative to administration call 646-3115. Guam, HagAtfia. Call 47 lots in Dededo to light indumial (M meot D.S. Hufana vs. Guam Water of the Guam Sex Offender Reg· • Guam Southern Soil and l) zooe; Bill 112. authoriz.mg the gov· works Authority; decision and order: istry and requiring all those con· Water Conservation District reg May31 emor to is.sue a tempcr.uy eac;ement all cases pending at CSC for Sean victed ofcriminal sexual conduct or ular monthly meeting: 7 p.m. • A.B. Won Pat Gw for aperiod not exce.eding three years McDemiott; MJ. Rector vs. Depart· of crime against a victim who is a May 29, University of Guam· national Airport Au to facilitate oogoing efforts to create ment ofEducation; judgment of~ minor to register in the Sex Offend Inarajan Experiment Station. Joint board ofdirectors' regul the Ml$o reservoir freshwater full. missal: M Bailey vs. GPSS; B. Tai· er Registry and to strengthen Guam meeting with Resource Conserva· ing: 3 p.m. May 31, tem ing grounds. For special~ tano-Ouz vs. University of Guam. Sex Offender registration and noti tion and Development Council. ference room 3, Tamunir elations, call 472·3407. JA Bucao vs. A.B. Won Pat Guam fication program requirement Sub Call 735·2054 da copies available duri International Airport Authority, B. • Committee on General mit written testimony by e-mail to: ing; parking available i Janssen vs. GPSS, A. Santo~ vs. Governmental Operations and [email protected]; or May30 parking lot. For special ac Reorganization public hearing: fax 475-3844. Call 475-3841. • GGvernor's Prevention and dations, call 646--0300. n1 a-rt>lr1 t n tM C'1TI'°'t n I ...... , -· ro ·-.v""' • •r- • ..., • ..., "'"' ""'"" DIPATTAMENTON MINANEHAN TANO' (Department of Land Management) GUBETNAMENTON GUAHAN (Government of Guam) FELIX P. CAMACHO TEREZO R. M ORTERA Governor of Guam Acting Director MICHAEL W. CRUZ. M.D. MICHAEL C. JAMES Lieutenant Governor of Guam Deputy Director Street Address: 590 S. Marine Corps Drive ay 29, 2007 ITC Bldg. Tamuning, Guam 96913 onorable Mark Forbes peaker, 291h Guam Legislature Mina'Bente Nuebi Na Liheslaturan Guahan 55 Hesler Place, Hagatiia, Guam 96910 Comments for Bill Nos. 59 and 112 Mailing Address: P.O. Box 2950 uenas Yan Hafa Adai, Hagatria, Guam 96932 he Department of Land Management is in receipt of your letter requesting representation •,I f our mandates on: 1. Bill No. 59, An Act to Zone the Previously Unzoned Lot Nos. 5328·5NEW-R2, 5328-RBNEW, and 5328-6, All in the Municipality of Oededo to Light E- mail Address: Industrial ("M-1'1 Zone. [email protected]. gu 2. Bill No. 112, 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. Telephone 671-649- 5390 Bill No. 59: Lands described as Lot Nos. 5328-5NEW-R2, 5328·R6NEW, and 5328-6, in the Municipality of Dededo are identified in OLM Map No. 224FY2006, encompassing a total area of 51 ,593± square meters or 555,340.21± square feet (12.75 acres). These properties are located northbound and adjacent to Route 3, approximately 400 feet from the intersection of Route 3 and Route 1 (Marine Corps Drive) and are currently Facsimile 671-649-5383 unoccupied. The projected use of these lands under the Territorial Planning Commission's (TPC), now Guam Land Use Commission, 1966 Master Plan, has been in existence for over thirty-one (31) years and appears outdated. Present land use characteristics in the immediate area are "A" Rural-Agricultural use and the surrounding community is evenly distributed Rural-Agricultural uses to include private residential uses, and subsistent farming activities. No light industrial activity exists in the immediate area. However, Lots 5328-5NEW-R2 and 5328-6 abut Route 3, a major arterial way leading to one of the fastest growing communities on Guam. Thus, to support such communities, commercial activities would be conducive in these areas. Light industrial zones are the second highest use intensity, allowing for a wide range of uses to include commercial activities (Please see Attachment A). But we must also add that the potential for degradation of the quality of life due to industrial pollution and visual blight could occur should "M-1" Light industrial activities be allowed. Thus, enforcement must be kept foremost. The island of Guam expects a growth surge with the anticipated "big push" of military buildup on personnel. It would be prudent to maintain a state of preparation for the advent of this growth by allowing for uses of various support facilities, as may be provided by the re-zoning of these lands. A key factor that makes this zoning desirable is the fact that all infrastructures are fronting the parcel. In a related zoning action, other returned ancestral lands located on the opposite side of Route 3 have been considered for rezoning to the same requested zone of light industrial and commercial thus, it appears that the intent of other property owners are similar with this requested zoning. In this respect, the Department has no objections to the Bill No. 59 provided that ample consideration to the protection of quality of lite of homeowners on adjacent properties are not adversely effected or compromised. Bill No. 112: The Department recognizes the need to provide immediate relief to matters concerning access to the Masso Reservoir. The Department understands that such access is necessary to continue reconstruction work reconstructing water habitat for the enjoyment of the people of Guam. The Department concurs with the Bill's proposal and requests the Legislature to consider the following recommendations: 1. That the Division of Aquatic &Wi ldlife Resources, Department of Agriculture work with pertinent agencies in identifying the alignment of the temporary access. The description of such alignment should adhere to the requirements of Guam's Subdivision Laws in developing a subdivision map for temporary access purposes only. This map should identify the access as temporary with a lifespan of no more than three (3) years with all encumbrances and signatories requirements noted, thereof. 2. Any impedance to private lands shall require the notarized approval of said property owner, to include their signatory's approval. We thank the Legislature for this opportunity to provide comments. We look forward to providing future assistance and insight and rest heavy on the Legislature's wisdom to consider our position. Senseramente, l Carlos R. Untalan Acting Chief Planner ATTACHMENT A 21 Guam Code Annotated Real Property, Chapter 61 Zoning Law, Section 61309 identifies a variety of allowable land uses within a Light Industrial ("M-1 ") Zone, to include: 1. Any use permitted with or without condition in the commercial zone. 2. The ma nut acturing, compounding, processing or treating of such products as drugs, cosmetics, and food products (not including fish and meat products or the rendering of fats and oils). 3. The manufacturing, compounding, assembling or treating of articles or merchandise from previously prepared materials. 4. Automobile repair shops including painting, body and fender work and rebuilding; truck and tractor repairing; and tire re-treading. 5. Bottling and packaging plants. 6. Ceramic products manufacturing. 7. Laundries and cleaning and dyeing establishments. a. Machine shops and sheet metal shops. 9. Warehouses and cold storage plants. 10. Lumber yards, building material sales yards, contractor's equipment storage yards, and the like. ' '.• 11 . Other uses which in the judgment of the Guam Land Use Commission, as evidence by a resolution in writing, are similar to those listed. 12. Uses customarily accessory to any of the above listed uses, and accessory buildings. Conditional Use Permits may also be granted for the following uses: 1. Other industrial uses not objectionable, obnoxious or offensive by reason of odor, dust, smoke, noise, gas fumes, cinders, vibration, flashing lights, or water-carried wastes. 2. Utilities and public facilities. 3. Accessory uses and buildings for the above. De~artment of Agriculture Dipattamenton Agrikottura 192 Dairy Road, Mangilao, Guam 96923 Director's Office 734-3942/43; Fax 734-6569 Felix P. Camacho Agricultural Dev. Services 734-3946/47; Fax 734-8096 Paul C. Bassler Animal Health 734-3940 Director Governor Aquatic & Wildlife Resources 735-3955/56; Fax 734-6570 Forestry & Soil Resources 735-3949/50; Fax 734-0111 Michael W. Cruz. M.D. Plant Nursery 734-3949 Joseph D. Torres Lt. Governor Plant Protection & Quarantine 472-1651 ; 475-1426 Deputy Director Fax 477-9487 May29, 2007 Speaker Mark Forbes 155 Hesler Place Hagatna, Guam 96910 re: Testimony on Bill 112 (EC) I would like to thank Senator Espaldon and Senator Umpingco for introducing bill 112 and for recognizing the benefit of providing a fresh water fishing ground for the people of Guam at Masso Reservoir and allowing the Navy to use mitigation funding to assist the Government of Guam in the development of the reservoir. I am testifying IN FAVOR ofbill 112, with or without the suggested amendment offered in this written testimony. This temporary access easement to the Navy referred to in bill 112 will allow the Navy to contract to the Department of Agriculture the reforestation of the Masso Reservoir watershed and to erect a perimeter fence around the property. An agreement has been developed between the Navy and resource agencies, both local and federal, designed to improve the coral reef habitat at the Piti Marine Preserve as compensatory mitigation for the expansion of Alpha and Bravo Wharf in Apra Harbor. In order to implement this plan, the Navy will provide $250,000 for the fencing and reforestation at Masso Reservoir. The temporary access easement being authorized in bill 112 will allow the Navy to invest their money in Government of Guam property. I would like to request an amendment to bill 112 designed to address a second compensatory mitigation proposal currently under review by the Navy. This amendment would authorize the Governor of Guam, to provide a ten-year access lease to the Navy for Government of Guam properties in the municipality of Agat and Umatac on the watershed of Cetti Bay. Currently, our research has shown that Lot 275 is the property needed for the project and its currently deeded to Guam Waterworks Authority, but more research needs to be done to verify those findings. Discussions with the general manager of GW A indicate a willingness to participate in the project. The purpose of this access lease is to allow the Navy to invest compensatory mjtigation funds (currently proposed at $7.2 million) to reforest over 500 acres of grasslands and badlands on the Cetti Bay watershed as mitigation for the expansion of Kilo Wharf at Apra Harbor. A one hundred acre fence will also be installed as ungulate control of new growth forest. This access lease would be for a duration of ten years, allowing for the reforestation work to be completed by the Guam Department of Agriculture. It will not limit the Government of Guam's use of the property in any way, as long as the integrity of the mitigation is maintained. Each of these projects represents an unprecedented step on the part of the Navy to invest compensatory mitigation funds outside of the base. Each of these projects reflects a good-faith effort on behalf of the Navy to provide substantive and measurable mitigation for the loss of coral reef resources due to military construction. Thank you for this opportunity to provide testimony on bill 112. -?:-~ Paul Bassler Director, Guam Department Of Agriculture GRANT OF EASEMENT THIS INDENTURE, made and entered into this day of ______,2007, and to commence upon the completion and signing of a cooperative agreement outlining the Masso Reservoir Reforestation Plan for compensatory mitigation for milcon 431 by and between the GOVERNMENT of GUAM/TERRJTORY OF GUAM, by its Director of the Department of Agriculture, hereinafter referred to as the "Granter," and the UNITED STATES OF AMERICA, by and through its Department of the Navy, Naval Facilities Engineering Command, Pacific, whose principal place of business and address is 258 Makalapa Drive, Suite 100, Pearl Harbor, Hawaii 96860-3134, hereinafter referred to as the "Grantee." WITNESSETH THAT: WHEREAS, the Granter owns that certain real property identified as the Apra harbor Parcel No. 2 (Masso Reservoir) in the Village of Pi ti, Guam; and WHEREAS, the Grantee has requested an easement for the construction; installation, monitoring, and inspection of ungulate fencing and vegetation planting over, under and across that portion of the parcel hereinafter described: NOT THEREFORE, this indenture witnesseth that, the Grantor in consideration of ONE DOLLAR ($1.00) paid to it by the Grantee, the receipt and sufficiency of which are hereby acknowledged, and of the terms, conditions, and covenants herein contained, and on the part of the Grantee to be observed and performed, does hereby grant unto the UNITED STATES OF AMERICA, and its assigns for a period of three years from the date specified hereof an easement for the construction, installation, monitoring, and inspection of ungulate fencing and vegetation planting over, under, and across those certain areas situated at Apra Harbor Parcel No. 2 (Masso Reservoir) in the village of Piti, Guam, being approximately 119,765.97 square meters of 29.5947 acres, as more particularly described in Exhibit "A" attached and made hereto part hereof, hereinafter collectively called the "Easement Area." TOGETHER WITH the rights of ingress and egress to and from the Easement Area for all purposed in connection with the rights hereby granted. TO HA VE AND TO HOLD the easement rights unto the Grantee and its assigns for a period of three years; SUBJECT, HOWEVER, to the following terms, conditions, and covenants: 1. Grantor' s reservation. The Grantor reserves unto itself, its successors and assigns, the use and enjoyment of the Easement Area and to grant to others rights and privileges for any and all purposed affecting the Easement Area; provided, however, that the rights herein reserved shall not be exercised by the Grantor in a manner which interferes unreasonably with 1 l the Grantee in the use of the Easement Area for the purpose for which this easement is granted. 2. Improvements. All improvements place in or upon the Easement Area by the Grantee shall be done without cost or expense to the Grantor. All improvements require approval by the Grantor prior to commencement. Upon expiration of this easement, any and all improvements become the property and responsibility of the Grantor. 3. Construction standards and approval. All construction performed by the Grantee shall be accomplished in accordance with standard engineering, ungulate management, and erosion control practices with particular attention to safety precautions. All construction requires prior approval of the Grantor. 4. Clean-up. Upon completion of any work performed in or upon the Easement Area, the Grantee shall remove therefrom all equipment and unused or surplus materials, if any, and shall leave the Easement Area in a clean and sanitary condition satisfactory to the Granter. 5. No improper use. The Grantee shall not make, permit, or suffer, any waste, strip, spoil, nuisance, or unlawful, improper, or offensive use of the Easement Area; 6. No discrimination. The Grantee covenants, for itself, its successors and assigns that the use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, or a physical handicap. 7. Compliance with law. The Grantee, in the exercise of the rights granted herein, shall comply with all applicable requirements of the federal and territorial authorities and shall observe all applicable ordinances and territorial and federal statutes, rules and regulations, now in force or which may hereinafter be in force pertaining to the said land. 8. Non-use or abandonment. These easement rights shall cease and terminate, without any action on the part oft he Grantor, in the event of non-use or abandonment by the Grantee of the Easement Area, or any portion thereof, for a period of (3) years. DIRECTOR OF AGRICULTURE 29th GUAM LEGISLATURE Paul C. Bassler, Director Mark Forbes, Speaker 2 DIRECTOR OF LAND MANAGEMENT ATTORNEY GENERAL Terezo, R. Mortera, Acting Director Alicia Limtiaco GOVERNOR OF GUAM Felix P. Camacho 3 RECORDING ANO RETURN OF RECORDED INSTRUMENT REQUESTED BY: ldond cf Guam, Go\-ernment of Guam o~~ortm ent Gf tmd ,!,:;1i10gemenfI Offfoa of lhe Recorder: GOVERNMENT OF GUAM 623931 P.O. Box 2950 HagAtfia, Guam 96932 QUITCLAIM DEED Apra Harbor Parcel No. 2 fl ·. p THIS INDENTURE, made thi~ day of j /ti~ 2000, by and between the UNITED STATES OF AMERICA, acting by and through th ~ i nlstrator of General Services ("GRANToR·), under and pursuant to the powers and authority contained in the provisions of the Guam Excess Lands Act, Public Law 103-339, 108 Stat. 3116 (1994), and the Federal ~roperty and Administrative Services Act of 1949, 63 Stat. 377, as amended, and regulations arid orders promulgated thereunder, and the GOVERNMENT OF GUAM ("GRANTEE"). .· WITNESSETH, the conditions set forth In the Guam Excess Lands Act, Public Law 103-339, 108 Stat. 3116 (1994), having been met, that the said GRANTOR, for and In consideration of the sum of ONE DOLLAR ($1 .00) In lawful money of the UNITED STATES OF AMERICA. receipt of which is hereby acknowledged, hereby remises, releases, and quitclaims unto the GRANTEE, and to Its successors and assigns, all of its right, tltfe, and interest In all of that certain real property situated in Guam, in the Municipality of Plti, consisting of approximately 119,765.97 square meters or 29.5947 acres of land, also known as Apra Harbor Parcel No. 2 (Masso Reservoir), more particularly described in Exhibit A, for public benefit use as contemplated by the Guam Excess Lands Act, Public Law 103- 339, 108 Stat. 3116 (1994). GRANTOR conveys the subject property to GRANTEE so long as GRANTEE uses the property for public benefit use, as contemplated by the Guam Excess Lands Act, Public Law 103-339, 108 Stat. 3116 (1994). Should GRANTEE use the property for other than such use, title to the property shall revert to GRANTOR. THE CONVEYANCE IS SUBJECT TO THE FOLLOWING: ALL covenants, reservations, easements, restrictions, and rights recorded or unrecorded, for public roads, highways, streets, railroads, power lines, telephone lines and equipment, pipelines, drainage, sewer and water mains and lines, public utilities and other rights of way, including but not limited to the specific easements, reservations, rights and covenants described herein, and to any facts which a physical Inspection or accurate survey of the property may disclose. The GRANTEE shall provide the UNITED STATES OF' AMERICA with the right of access to and from property owned or controlled by the UNITED STATES OF AMERICA to the nearest public road or public right of way. 623931 . . . QUITCLAIM DEED - Page 2 . (,, ,• ' Apia Harbor Parcel No. 2 The GRANTEE shall be solely responsible for obtaining any environmental permits or regulatory authorizations required for their operations, prior to property transfer, and shall not use or rely upon any present or past permit or regulatory authorization issued to the UNITED STATES OF AMERICA The GRANTEE shall provide the UNITED STATES OF AMERICA, and its contractors, lessees, or licensees, with the right of access to operate, maintain, repair, and improve any existing utility systems, located on the transferred property that will continue to serve facilities of the UNITED STATES OF AMERICA located outside the transferred properties, including, and associated with, the equipment to be retained by the UNITED STATES OF AMERICA together with reasonable rights of ingress and egress over the transferred property. HAZARDOUS SUBSTANCE ACTIVITY COVENANT. Pursuant to Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act ~f 1980, as amended (CERCLA or •superfund·), 42 U.S.C. 9620(h), the UNITED STATES OF AMERICA, Department of the Navy, has determined, in accordance with regulations Issued by•the Environmental Protection Agency at 40 CFR part 373, that there is evidence to indicate that hazardous substances have been stored, released, or disposed on the herein described property during the time that said property was owned by the UNITED STATES OF AMERICA Water treatment chemicals are Identified In the final Environmental Baseline Survey, Guam land Use Plan 1977, Various Sites, Guam, Mariana Islands, dated November 1996, as having been stored on the property. Based on this report, no further remedial actions were necessary to protect the human health and environment with respect to the hazardous substance activity during the time the property was owned by the UNITED STATES OF AMERICA, Department of the Navy. Pursuant to 42 U.S.C. 9620(h)(4), GRANTOR covenants and warrants that any environmental response action which was caused during the GRANTOR's ownership of the p~operty and found to be necessary, in the reasonable opinion of the GRANTOR, after the date of this conveyance shall be conducted by the GRANTOR; provided, however, that the foregoing covenant shall not apply in any case in which the GRANTEE or its successor and assign is a potentially responsible party with respect to any portion of the property. The UNITED STATES OF AMERICA hereby reserves a right of access to any and ~II portions of the herein described property or to any adjoining properties, for purposes of environmental investigation, remediation or other corrective action. HOLD HARMLESS CLAUSE. By acceptance of this instrument, GRANTEE expressly acknowledges that the property was part of military activity during and after World War II and, as such, portions of the property herein transferred may have been subject to contamin~tlon by the introduction of unexploded and dangerous ordnance, either below or upon the surface of thereof, some of which may remain below or on the property in an unexploded condition. By acceptance of this instrument and as further consideration for this conveyance, GRANTEE covenants and agrees for itself, Its successors and assigns, to assume all risks of personal injurtes and property caused by possible contamination of the property by unexploded ordnance, arising out of ownership maintenance, occupation or use of the property by any person or persons whatsoever; and further covenants and agrees to Indemnify and save hannless the GRANTOR, its officers, agents and employees against any and all liability, claims, ---~ ... ···- .. caUMS-Of action, or suits. atising_outof or res• tiling from.tba.contamir:iated cor:idltion of.the.pi-opeAy...... +h$--- --. GRANTEE must Immediately notify the Unitect States itany arttnance- a.r any suspected area .. ot contamination, for which they are not the responsible party, is encountered at the property. 623931 '· . .. QUITCLAIM DEED - Page 3 ..' . ~.. r .• 1 Apra Harbor Parcel No. 2 FAA COVENANT. If this property is located within 6 nautical miles of an airport. the GRANTEE covenants and agrees, on behalf of it, its successors and assigns, and every successor in interest to the property herein described, or any part thereof, that any construction or alteration is prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with Title 14, C.ode of Federal Regulations, Part 77, entitled · objects Affecting Navigable Airspace: or under the authority of the Federal Aviation Act of 1958, Public Law 85-726, 72 Stat. 731, NONDISCRIMINATION COVENANT. GRANTEE covenants for itself, and its assigns and every successor in interest to the property, or any part thereof, that GRANTEE and such assigns shall not discriminate upon the basis of race, color, religion, sex, or national origin in the use, occupancy, sale, or lease of the property, or in their employment practices conducted thereon. COVENANTS RUN WITH THE LAND. The covenants, conditions and restrictions contained herein shall run with the land and shall bind and inure to the benefit of GRANTOR and its successors and assigns. SAID PROPERTY transferred by this indenture was duly determined to be surplus, and was assigned to the General Services Administration for disposal pursuant to the Guam Excess Lands Act, Public Law 103-339, 108 Stat. 3116 (1994), and the Federal Property and Administrative Services Act of 1949 {63 Stat. 377), as amended, and applicable rules. orders and regulations. IN WITNESS WHEREOF, the GRANTOR and GRANTEE have caused this indenture to be executed and accepted as of the date first written above. UNITED STATES OF AMERICA Acting by and through the ADMINISTRATOR OF GENERAL SERVICES 623931 'QUITCLAIM DEED-Page 4 • •. • J .' ' Apra Harbor Parcel No. 2 STATE OF CALIFORNIA ) )ss: City and County of San Francisco ) On this d~ day of ::Juue , 2000 before me, Ac,1:. If-. S0Ufttt.u4n:/ , the undersigned Notary Public in and for said County and State, personally appeared Kenn N. Kojima, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed in the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~-···········i Name:~~ ROCK A. SOUTHWARD u Commission# 1162313 ;; Notary Public, State of California -@~ i Notary Public • Collfanla ! j Son Francisco Coun1y f My Commission expires on My CO'TYI'\. ~ Nov2l ,2001 //41/,;ioo/ ouwuuuwwwuou 623931 • QUITCLAIM DEED - Page 5 .. 0 . ~, . . . • Apra Harbor Parcel No. 2 ACCEPTANCE The GOVERNMENT OF GUAM hereby accepts this Deed and thereby accepts and agrees to all the terms, covenants, conditions, and restrictions contained therein. GOVeRNMENT or GUAM By: CARL T. C. GUTIERREZ · Its: Governor WITNESSED BY: UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION By: GORDON S. CREED Its: Deputy Assistant Commissioner .· Property Disposal Division Public Buildings Service CITY OF HAGATNA ) ss: '('f+ , I rJ I hi . .-. On this b day of v V"1 2000, before me, ·the undersigned notary, personally appeared CARL T. C. GUTIERREZ and GORDON S. CREED, known to me to be the persons whose names are signed In the within instrument and acknowledged to me that they signed it voluntarily for Its stated purpose. IN WITNESS WHEREOF, I have hereunto affixed my name and official seal in HagAtfla, Guam, the day and year first above written. ti~~ (;A.KLOS R. ALAN NOTARY PUBLIC · Ir f'M for the Territory of G~ U.s.A. My COllalalon Explre11 D~ ?4 1 . ~ '· O. lox 2S40 Agona, ~11!1!1!- ~6_-· .623931 NOy(R)-68938 C 0 0 P E R A T I V E A G R E ~ ~ E N T FOR THE CONSERVATION ANO MANAGEMENT OF FISH AND WILDLIFE RESOURCES AT THE MASSO RIVER RESE~VOIR AREA GUAM, MARIANA ISLANDS THIS AGREEMENT, made and entered into as of the /:2..l k day of ()__ll::'?J < 0 19~, by and between the Department of the Navy, the Department of the Interior and the Government of Guam, through their duly designated representatives whose signatures appear below: W I TN E S S E TH: The parties hereto, In accordance with the authority contained in (1) Title 10, U.S. Code, Section 2671, (2) Public Law 86-797, approved September 15, 1960, and the policy declared in. (3) Pubpc Law 89-669, approved October 15, 1966, all as implemented by regula'tions prescribed ·by the Secretary of Defense, and in ac- cordance with Title XIII, Government Code of Guam, Section 12027, do hereby approve and adopt the following Cooperative Agreement for the conservation, protection, development, and management of fish, wildlife and recreation resources at theHasso River Re~ervoir Area, Guam, hereinafter referred to as the Masso Area, as more specifically shown on enclosure (1) . 1. For the Implementation of this Cooperative Agreement the following shall be deemed representat"ives of the parties hereto: a. The Officer in Charge of Construction, Marianas hereinafter referred to as the "OICC", is recognized as the off lei al representative of the Department of the Navy. b. The Regional Director, U.S. Fish and Wildlife Service, hereinafter referred .to as the "Regional Director'', is recognized as the official represent- ative of the Department of Interior. c. The Director, Department" of Agriculture, Government of Guam, here- lnafter referred to as the "Director", is recognized as the official represent- ative of the Government of Guam. 2. The purpose of this Agreement Is to enhance the conservation, protection, de\·-: lopment, nnd mancigeioont of fish. wildlife, and recreatlonc;I r.:: sources in the Hasso Area. In implementing this Cooperative Agreement, the Director and the Regional Director sha ll prepare and carry out a program for the rehabilitation and development of the Hasso Area for public fishing· and recreation and for the conservation, protection, and managemen t of fish and wildlife in the area. The OICC will aid in said program by providing advice and coordinating the assis.tance in program Implementation as set forth in paragraph 4 hereof within the I imits of resources available. J. Access to the area for public fi shing and recreation sha ll be controlled by the Director in accordance with rules and regulations approved by the OICC. The Director wi II regulate any fishing permitted on the area subject to applicable fishing laws, and regulations of the Terri tory of Guam and the Federal Government . The Director and the Regiona l Director shat I have authority to enforce app l icable Territorial and Federal laws in accordance with their respective jurisdiction. 4. Upon request by the Director and/or Regi'onal Director t o the OICC, the OICC will request the ColTlllander, Pacific Division, Naval Faci lltles Engineering Command, to assist in: a. Provid ing technical assistance and advice in the development and Implementation of the fish and wildlife conservation and management program. b. Establishing and mai ntain ing liaison and working relationships with l ocal and Federal fish and wildlife management organizations and agencies and ob- talning supp lemental professional ser-,,fces therefrom. c. Incorporating the approved fish and wildlife management plan Into the Navy Haster Land Use and Management Plan . S. This Cooperative Agre~ment will be In effect Indefinitely, but may be I modified or amended by mutual agreement of the OICC, the Regional Director and the Director; however, the OICC, upon written notice to the Regiona l Director and Director, shall have the right to terminate or suspend this Agreement in whole or in part at any time of national emergency or war, when the mission of the Depart- ment of Defense makes it necessary to do so. Only upon mutua l agreement by the OICC, the Regional Director and the Director, may this Agreement be t erminated for other reasons. The Intent of this restriction is to Insure the continuity of the management program. 6. Should Navy regulations, procedures or Federal IDw require approval or action b•t an ..; 11 t hority other tha1: the OICC:, he will lniti.:ite the steps necessary to secure such approval or action. 2 IN WITNESS WHEREOF the parties hereto have executed this document as of the day, month and year first above written. j(J/h~ / t>EPARTHENT OF THE NAV\.Y VERNHENT OF ):U'A : DEPARTMENT OF THE INTER I OR REPRESENTED SY REPRESENTED ~y REPRESENTED BY OFFICER IN CHARGE OF DIRECTOR, OEPAR HENT •r.,'i.. "f'>"IJ, REGIONAL DIRECTOR CONSTRUCTION, MARIANAS OF AGRICULTURE t.C 0. S. FISH AND WILDLIFE SERV ICE CONCURRENCE BY PLANT ACCOUNT HOLDERS COMMANDING OFF ICER < U. S. NAVAL REGIONAL MED I CA.L CENTER, GUAH 1 · . 3 GUAM ENVIRONMENTAL PROTECTION AGENCY AHENSIAN PRUTEKSION LINA'LA GUAHAN P.O. Box 22439 GMF • BARRJGADA, GUAM 96921 •TEL: 475-1658/ 9 •FAX: 477-9402 2 9 MAY 2007 Honorable Mark Forbes Speaker, Guam Legislature Chairman, Executive Committee 155 Hesler St. Hagatna, GU 96910 Dear Mr. Speaker: Buenas yan Saluda. Please find enclosed my testimony for the Guam Environmental Protection Agency on Bill 112. Thank you and the Executive Committee for this opportunity to present our comments on the bill related to issue a temporary easement to facilitate the ongoing efforts to create the Masso Reservoir Fresh Water Fishing Grounds. Dangkolo ns Si Yu'os Ma'ase. Admmistrator Enclosure "ALL LIVING THINGS OF THE EARTH ARE ONE" Testimony of Ms. Lorilee T. Crisostomo, Administrator Guam Environmental Protection Agency Before the Executive Committee May 29, 2007 PUBLIC HEARING ON BILL 112, AN ACT TO AUTHORIZE THE I MA GA' 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. Buenas yan Saluda, Speaker Mark Forbes and Committee Members. In Response to your invitation, I am pleased to have the opportunity to provide Guam Environmental Protection Agency's testimony on Bill 112. Bill 112 will assist in the environmental mitigation for the dredging within Apra Harbor by providing temporary access to the mitigation project site. 1 The Government of Guam, via the Guam Department of Agriculture, the US Navy and the US Army Corps of Engineers have designed a reforestation project for Apra Harbor Parcel 2 that will receive funds from the US Navy. The project will reduce sediment eroding into the river that flows into the Pi ti Marine Preserve thus improving and enhancing the coral reef ecosystem in the preserve. The planting of vegetative wind breaks for exposed slopes and large open areas are encouraged to minimize against wind erosion. The reforestation mitigation project will assist with on-going efforts by the Guam Department of Agriculture to create the Masso Reservoir Fresh Water Fishing Grounds, providing a recreational area for fishing and hiking for the island community. The Guam Environmental Protection Agency in consultation and coordination with the Guam Department of Agriculture hereby supports Bill 112. 2 In addition, the Agency also supports proposed amendments by the Guam Department of Agriculture to include Lot 275 at Cetti Bay for mitigation reforestation for Kilo Wharf dredging in Apra Harbor. 3 BUREAU OF STATISTICS AND PLANS (Bureau ofPlanning) Government of Guam Felix Perez Camacho Governor of Guam P.O. Box 2950 Hagatiia, Guam 96932 Michael W. Cruz, M.D. Tel: (67 1) 472-420113 Alberto A. "Tonytt Lamorena V Lieutenant Governor Fax: (671) 477-1812 Acting Director Senator James V. Espaldon Chairman, Committee on Judiciary, Natural Resources, Infrastructure and Cultural Affairs 777 Route 4 Sinajana Shopping Center, Suite 16B Sinajana , Guam 96926 Hafa Adai Senator Espaldon: The Bureau of Statistics and Plans is pleased to provide testimony on Bill 112 (EC) "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." The Bureau is in support of Bill 112 (EC). The Bureau has been working with the Department of Agriculture in mitigation efforts for the dredging of the Alfa Bravo wharfs. The project identified is critical for the improvement of the coral reefs ecosystems in tbe Piti Marine Preserves. The erection of a fence is just part of the reforestation project that will reduce sedimentation that runs off into the Piti Bay. The Bureau, through its Coral Reef Initiative Management Grants, will also provide funds to support this project including propagation of native plants, additional reforestation in this area as part of the Piti/Asan Watershed Project and the improvements to the Santos Memorial Park. This is a critical step toward obtaining mitigation projects that have a direct benefit to the local community and one that was determined by the 1.ocal agencies. This is an unprecedented effort. Typically, mitigation projects occur within the military's property without the input from the local government agencies. This project will allow for construction of a fence on Government of Guam property, with direct benefits outside the military's property. This temporary easement will allow for monitoring of the construction of the fence and of the planting of appropriate species for the long term goal of establishing a native forest. The ultimate goal of establishing the Masso Reservoir Fresh Water Fishing Grounds will benefit the local community as a safe recreational and cultural activity. The Bureau is in support of this activity and efforts to increase expansion of conservation lands and increase of native forest. Thank you for the opportunjty to comment on Bill 112 (EC). Si Yu'os Ma;ase', c;;_ "1-/)L--v- ALBE~O~ LAMORENA v Acting Guam Coastal Management Program++ Land Use Planning •• Socio-Economic Planning+• Planning Information 7- 5 - 07 : 2: 1 9PM ; AG~ICULTU~E/DOS ;67• 7 3 4 6569 # 1 / 2 Department of Agriculture Dipattamenton Agrikottura 163 Dairy Road, Mangilao, Guam 96913 Director's Office 734-3941/43; Fax 734-6569 Agricultural Development Services 734-3946;735-3946;735-3950 Felix P. Camacho Plant Nursery 734-3949 Governor Aquatic & Wildlife Resources 735-3955/56; Fax 734-6570 Paul C. Bassler Forestry & Soil Resources 735-3949/51; Fax 734-0111 Director Michael W. Cruz MD Plant Inspection Station 475-1426/27; Fax 477-9487 Lt. °Governor Joseph D.Torres Deputy Director FAX TRANSMITTAL Date: 1/sJ@ Fax Number: 4Js· f}w:; Attention: fhil eob.e1At, Department: from: 'J)oAt, Subject: ( ) URGENT ( ) FOR YOUR FILES ( )FORYOURINFORMATION ( ) AS REQUESTED ( ) PLEASE PROVIDE COMMENTS Number of pages including this page: __2______ Message: If you did not receive all of the pages or find that they are not legible, please call, or telefax back as soon as possible. 7- 5-07: 2: 1 9PM ; A G R I CULTURE/DOS : 67 , 7:?; 4 6 $ 6 9 ..MAY-3 1,.-2007 08: 17 From : To:671 734 6570 GUAM WATE.RWORKS AUTHORITY Aturidat K inalamten Hanom Guahan Post Office lJo~ 3010, H»gitiia, Gua1m 96932 Phone: (671) 647-7862 Fax: (671) 649-J7SO May 30, .2007 ~DML William French Commander, U.S. Naval }'orces Marianas PSC 455 Box 152 FPO AP 96540.. J 000 Dear Sir, J have been briefed by th~ Director of the Department of Agriculture on the two Navy whnrf cxpllnsioo projects, MCON project P-431 at Alpha and Bravo Wharf, and MCON project)>. 50l at Kilo Wharf currently in progress. Since the Guam Waterworks Authority is the: current dud holder of Lot 27S in the Cctti Day watershed, l wanted to write in ol'cfer to lfnd my support to the Cetti Bay reforestation project and assure you of my desire to move this project forward as rapidly as poHible. Though ~oy leg~J docum~nt~ pert•ining to the access lease and deed restriction instrument will need ro get iapproval from the Consolidated Commlssion on Utilities, I wm be providin~ them with my favorable rt-view of thb reforcstHtioo project at Cettt Bay. I wi"h to thank the Navy for considering benefiting Guam's coral reef habitat tbrou'1.h the: mitigation progress. Jt refl~ets a sincere dcsfrc tu fairly address the loss of Guam's natural resources during the: military's e~pansion process. Sinccrdy, • • 1·1 ~ (\~~ lt----~J .Joh;M. Benavenre G~netal Manas:er cus .JMB/djy /.>,M '1 s - 03 BC CP 9600 ·1 6 29 •