Section 3.7 — Land and Submerged Land

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Section 3.7 — Land and Submerged Land CJMT EIS/OEIS Chapter 3, Affected Environment April 2015 Draft Land and Submerged Land Use 3.7 LAND AND SUBMERGED LAND USE Section 3.7 provides a summary of existing and planned land use, including submerged lands, on and adjacent to Tinian and Pagan. The region of influence includes the land of Tinian and Pagan, and their associated submerged lands, which are defined as areas within 3 nautical miles (5 kilometers) of the mean high tide line. The southern portion of Saipan is also included because of its proximity to Tinian, and potential for impacts (i.e., noise) from the proposed action. The region of influence is shown on Figure 3.7-1. The following discussion includes civilian and military land uses, as well as planning guidance that directs future development. 3.7.1 Definition Land use includes natural and man-made activities occurring or planned on land and submerged land (within 3 nautical miles [5 kilometers] from shore). There are four key components to this land use discussion: 1. Jurisdictional Control of Land. There are a broad variety of contract types for control of land ownership. Real estate contracts include unencumbered deeds, long-term lease agreements, temporary easements, rights-of-way, assignments of custody and control, and a host of other types of contracts. In an effort to simplify the nomenclature for this section, all the various types of land controls are referred to as ownership and/or management, and include “jurisdictional control.” For example, the Military Lease Area is owned by the CNMI government, but leased to the Department of Defense, giving them jurisdictional control over the Military Lease Area (within the confines and stipulations of the lease agreement). 2. Jurisdictional Control of Submerged Land. Submerged land(s) refers to a special condition of jurisdictional control that is related to the “land beneath navigable waters.” Generally, this is considered those lands between the low and high-tide line and out to 3 nautical miles (5 kilometers) from the jurisdictional (mean high tide) line of the state, as outlined in the Conveyance of Submerged Lands to Territories (48 U.S. Code Chapter 15). This Act establishes the federal law that recognizes the rights of coastal states to jurisdictional authority over their coastlines and territorial waters. This authority is often referred to as the “jurisdictional waters.” While this Act provides jurisdictional authority for submerged lands to the states, the U.S. Federal Branch (i.e. Department of Defense) still reserves executive privilege to supersede the state’s authority, particularly when it concerns issues of national security or public safety. Jurisdictional authority of submerged lands for CNMI falls under the purview of the CNMI Bureau of Environmental and Coastal Quality. However, this is not applicable to those submerged lands adjacent to the Military Lease Area on Tinian as they are under the jurisdictional control of the U.S. government. The submerged lands around Pagan are within the jurisdictional control of the CNMI government (i.e., the CNMI Bureau of Environmental and Coastal Quality). 3-75 Commonwealth of the Northern Tinian Pagan Mariana Islands Uracus Philippine Maug Islands Sea Philippine Asuncion Sea Mount Pagan Agrihan Military Lease Pagan 3 miles Area Almagan 3-76 3 miles Guguan Pacific San Jose Ocean Sarigan Anatahan Farallon de Medinilla Pacific Saipan Saipan International Saipan Airport Ocean Philippine Tinian Sea Aguijan Legend Coral Ocean Pacific Submerged Lands (CNMI) Point Resort Rota Ocean Submerged Lands (US Leased) 1 " = 80 Miles Military Lease Area 01 2 4 Figure 3.7-1 Miles Kilometers Region of Influence for Land and N 0 2 41 Submerged Land Use Data Sources: DoN 2010, U.S. 2014 CJMT EIS/OEIS Chapter 3, Affected Environment April 2015 Draft Land and Submerged Land Use 3. Current and Planned Uses of Land. Existing and planned land uses are typically documented in community or government land use plans, which are intended to represent the community’s vision for land use development. The plans acknowledge that there are competing land uses and that these land uses are not necessarily compatible. Areas or zones are designated for a specific land use to provide adequate physical distance between incompatible land uses. There are also lands that are regulated or reserved for a specific use, such as cultural resource preservation or natural resource protection. These land use areas are often identified on government land use plans and maps. The CNMI Department of Public Lands is the primary land use planning agency for Tinian and Pagan as there are no local government island-specific zoning boards. Saipan has a Zoning Board at the local government level. 4. Current and Planned Uses of Submerged Land. Submerged lands in the CNMI are regulated by the CNMI Bureau of Environmental and Coastal Quality. This agency is responsible for meeting the requirements the Coastal Zone Management Act. The coastal zone includes all non-federal lands and submerged lands out to a distance of 3 nautical miles (5 kilometers) of the mean high tide line. The CNMI Coastal Resources Management Program defines the area subject to its provisions as the entire land area comprising the 14-island archipelago and the adjoining waters contiguous to each island seaward the extent of 3 geographic miles (5 kilometers), with the exception of the island of Farallon de Medinilla, which is used by the U.S. Department of Defense as a target area (National Oceanic and Atmospheric Administration 1980). For the purposes of the Coastal Zone Management Act, long-term leases are considered to be federal lands. The U.S. has jurisdiction of the submerged lands off of U.S.-leased land areas, including Tinian Military Lease Area. The Coastal Resources Management Program also identifies Areas of Particular Concern, which require that any work done within these areas would require a valid coastal permit (CNMI Coastal Resources Management Office 2014). 3.7.2 Regulatory Framework The regulations governing land use and submerged land use are briefly summarized below. A complete listing of applicable regulations is provided in Appendix E, Applicable Federal and Local Regulations. 3.7.2.1 Federal Regulations Coastal Zone Management Act Territorial Submerged Lands Act as amended (Senate Bill 256 and Presidential Proclamation) 3.7.2.2 CNMI Regulations CNMI Constitution – Article XI: Public Lands. Article XI of the CNMI Constitution states that public lands collectively belong to the people of the CNMI who are of Northern Marianas decent. A person of Northern Marianas descent is someone who is a citizen or national of the U.S. and who is at least one-quarter Northern Marianas Chamorro or Northern Marianas Carolinian, or a combination thereof. The CNMI Department of Public Lands is the official government agency responsible for the administration and disposition of public lands. These public lands are available for commercial lease. Public Law 16-50 Homestead Law. See Section 3.7.3.3, The CNMI Homestead Program. 3-77 CJMT EIS/OEIS Chapter 3, Affected Environment April 2015 Draft Land and Submerged Land Use 3.7.2.3 U.S.-CNMI Covenant and Lease Agreements As summarized in Section 1.4, The Mariana Islands, the CNMI was integrated into the U.S. as a result of The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, (The 1976 Covenant) which was signed by U.S. and CNMI representatives on February 15, 1975. Certain land areas on Tinian were “made available to the U.S. by lease to enable it to carry out its defense responsibilities” (Northern Mariana Islands 1975a; see Section 1.4.2, Commonwealth of the Northern Mariana Islands Military Lease Area). The 1976 Covenant directed that a separate Technical Agreement Regarding Use of Land to Be Leased by the United States in the Northern Mariana Islands (Technical Agreement) (Northern Mariana Islands 1975b; see Section 1.4.2, Commonwealth of the Northern Mariana Islands Military Lease Area) be drafted to describe terms of lease back property and joint use of certain areas. The Technical Agreement was simultaneously executed with the 1976 Covenant. The Technical Agreement provided for the lease back of U.S. Military leased property to the CNMI government to provide agricultural permits to residents of Tinian and other joint use arrangements, between the U.S. Military and the CNMI government which are summarized in Appendix K, Summary of Historical Land Use Agreements between the U.S. and the CNMI. The original 17,799 acres (7,203 hectares) leased by the U.S. to the current lease area of approximately 15,148 acres (6,130 hectares). Below are selected provisions within the Technical Agreement as they pertain to leases on Tinian: The lease back, though expired, is being administered on a month-to-month tenancy and is subject to cancellation with 1 year’s notice or sooner in the event of urgent military requirement or national emergency. All uses of land in the Military Lease Area must be compatible with planned military activities. No construction of permanent facilities on lease back areas. Federal Aviation Administration airfield requirements and related safety zones apply to any facilities or activities in the Military Lease Area. All shoreline areas in and around the northern two-thirds of Tinian will remain open to fishermen at all possible times, except for those areas that must be closed to comply with safety, security, or hazardous risk requirements under the proposed action. Marianas citizens will have the same access to beach and recreation areas in the Military Lease Area of Tinian as military personnel (and their dependents) have for recreation. Closure for military maneuvers will be kept to a minimum, consistent with military requirements for safety and security.
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