• - Whatever happened to the investigations of the former Marianas Public Lands Authority, and why has no one yet been charged with any crime — or, at the very least, why hasn’t the public been informed of any decision to not charge anyone with any crime?
• - How much public land has been given away as homesteads, and to whom? 
• - Who decides which individuals and families should get homesteads, and how are those decisions made?
• - How much public land has been leased to private firms and individuals in the CNMI, and to which firms?
• - Who decides which private firms and individuals should be allowed to lease public land, and how are those decisions made?
• - What is each private firm and individual leasing public land actually paying for the land, and who sets the price?
• - Are public hearings held for each proposed lease of public land — and if so, why don’t we ever hear about them?
• - What happens to the revenues the government collects from those leases?
• - How much public land is actually left in the CNMI?
• - Why is the CNMI in the business of leasing public land for private use in the first place?
• - Why don’t private firms negotiate leases (or sales) with private landowners, like they do in most communities?

Public lands in other places are generally reserved for public use — they are set aside for conservation areas, parks, public facilities, and so forth. Communities that do lease public lands generally do so for agricultural and aquacultural purposes. Interested firms must bid for the land, and there is often intense public scrutiny of the proposed leases, not to mention intense controversy.

Here in the Commonwealth, public land is managed with far less scrutiny, and with an apparently greater concern for accommodating private and political interests, rather than for protecting the public welfare.

This quote from the Department of Public Lands website, www.dpl.gov.mp says it all:

“The DPL partners with its lessees, which include worldwide brands such as the Hyatt, Shimizu Corporation, Mobil Oil, Shell Oil, and Pacific Telecom Inc., and others to maximize the mutual benefits that are derived from public land leasing. Such partnerships fuel a significant part of the local economy, so the NMI Government continuously endeavors to make its local regulations more business-friendly.”

“When it comes to public lands, size does not matter. No matter how big or small of an investment, the DPL works to customize its leases to fit the needs of its clients, which comprise of small businesses like batting cage facilities to multi-million dollar companies that cater to thousands of customers year round.”

http://www.dpl.gov.mp/new/Investor_Info/WhosLeasingPublicLands.php

Does this sound more like a clip from the website of a realty company, rather than a government agency? What exactly are those “mutual benefits” that were derived from these public land leases to private “partners?” How big or small are these investments, and who exactly benefited, and how? Who are the clients of the Department of Public Lands, if not the public?

DPL provides a list of its long-term clients on its website. Here they are:

American International Knitters Corp.
Automotion Inc.
Bank of Guam
Bird Island Development Inc.
Brilliant Star Montessori School
Broadcasting Board of Governors
C&H Saipan, Inc.
C&S Concrete & Block Prod.
Castro, Jesus M.
CMS Quarry
Commercial Trading of Saipan
Commonwealth Maritime
Coral Ocean Point
D&W Saipan, Incorporation
Dai Ichi Hotel
Far East Broadcasting Company, Inc.
Galaxy
Grace Christian Academy
Guerrero Brothers, Inc.
Haas & Haynie Corp.
Hawaiian Rock Prod.
Hitters Batting Cage
Hong Kong Entertainment Investment, Ltd.
Hyatt Regency Hotel
I-Connect Choice Phone, LLC
JRS Enterprises Corporation
K & M Development Corp.
Kan Pacific
Kautz Glass Co.
Kim Enterprises Inc.
L&T Group of Companies, Ltd.
M.S. Villagomez Enterprises
Marianas Baptist Church
Microl Corporation
Micronesian Development Company, Inc.
Micronesian Telecommunication Corporation
Mike’s Manufacturing, Inc.
Mobil Oil Micronesia
Niizeki International Saipan Company, Ltd.
Pacific Development Contractors
Pacific Islands Club
Palacios, Arnold
PKS Planning & Land Resources
Rainbow Construction Company
REM International, Corporation
Sablan Corporation
Saipan Cellular and Paging
Saipan Community Church
Saipan Fitness Club, Inc.
Saipan Grand Hotel
Saipan Ice, Inc.
Saipan Laulau Development, Incorporation
Saipan Sanitation Services
Saipan Travel Resort, Inc.
Saipan Unicorn Corp.
Saipan World Resort
Saipan-Palau Evangelical Church
Silk Road Corporation
SNM Corporation
Summer Holiday Hotel
Sun Inn Motel
Tano Group Corp.
The Repair Shop
Time-Saver Launderette
Torres, Juan S.
Triple J Saipan, Incorporation
United States of America
United States Postal Service
Unity Trade Services, Incorporation
V.C. Enterprises
Whispering Palms School

The vast majority of DPL’s long-term lessees are private firms — garment factories, hotels, golf courses, auto shops, auto dealers, construction companies, developers, many companies I haven’t even heard of. Public land is even leased to private individuals. What are the terms of agreement for each of these leases? How much public land has already been leased, and how much land is left? Were there public hearings for any of these leases? And is this really the best way to manage scarce public lands in the Commonwealth?

I would like to hear from you.

– Tina

P.S. I recently received this email from a concerned citizen:

“What is happening right now [with public lands] is very frightening and much more important than Article XII. [in the 1980s] Japanese investors were asking for public land for hotels and golf courses and letting it be known to our leaders that if they didn’t get what they wanted, they would invest in Hawaii. Our unsophisticated and corrupt politicians didn’t call their bluffs and gave them what they wanted while promising us that by doing this we would be rich from the golf courses and many, many locals would have high-paying jobs at the hotels. As you know, it didn’t happen. Didn’t happen with the garment industry and won’t happen with casinos either…”

This citizen went on to say that s/he saw the same problem of mismanagement of public lands happening today.

“Take a look at the Laulau Golf course. Recently, the new lessees are talking about building high end condos. No doubt, some will “sell” for millions. Others will be time-shares generating a huge income. What will we get? Our paltry lease payment. We lack the ability (or we are so corrupt) that we can’t even make a good deal for our own public land…”

“Even worse, is the fact that these leases are being completed without any public hearings or publicity at all. We hear about them after the fact… The local people should be up in arms about this, but they are not because they are too busy just trying to survive and if one works for the gov’t, job terrorism is alive and well and mouths stay shut… This is a big issue and no one is addressing it. Look at how riled up locals get about Article XII when most of the local land is already tied up for at least another 30-35 years…”

“If this generation doesn’t know how to handle public land for the public benefit, then let tangantangan grow on it and let the next generation decide. You are the next generation. The previous generations have not done well.”

It was also said that ADA compliance is a problem inside business establishments as well.  Many stores have narrow, crowded aisles that would be difficult for a person with disabilities to access.   

Others said, however, that gambling should be eliminated entirely from Saipan and that casinos should not be allowed at all.  Saipan should allow Tinian to develop its casino industry, and should focus on reviving tourism and developing other industries, including small businesses.  It was said that there should be a plan for phasing out poker, beginning with proper zoning.  Some said that poker will never be eliminated or properly controlled as long as certain politicians and their families are personally benefiting from land leases where poker parlors operate or from direct ownership of poker businesses.  Those financial interests should be fully disclosed especially whenever politicians are confronted with a bill that pertains to the industry, and those politicians should not be allowed to vote on it.      

It was also said that developing and implementing a zoning plan for the islands might help alleviate some of the fears that people have about changing Article XII, and give non-NMI descent businesses the incentive of being able to own the commercial property in which they are investing. 

It was said that law-abiding tour operators have complained to the immigration and labor departments in the past before, but that the response has always been that there is a “manpower shortage” that prevents proper enforcement of the law. 

In addition, it was said that many tour agents charge their customers exorbitant fees, take too high a commission (often 70 to 80%), and routinely mislead their customers into thinking they will get more from the marine sports companies than they actually will because although the tourists have paid a high price for a service, very little has actually been paid to the marine sports company.  Many tourists realize they are being cheated when this happens, and they are not likely to want to come back or to share pleasant stories about the CNMI when they return to their home countries. 

Worse, the tour agents have created a cutthroat “race to the bottom” for lower and lower prices for marine sports companies that are desperate for tourists.  Marine sports companies that hire illegal workers and pay them low wages under the table are better able to compete under this scheme than companies that follow the law.     

It was said that the CNMI should look at successful tourism industries in other places such as Hawaii for models.  For example, it was said that Hawaii sets a cap on tour agents’ commissions at 15%, and the CNMI should consider adopting a similar policy.  It was also suggested that a licensing program for tour agents and operators be created to establish minimum qualifications and set standards for the industry.  Tour companies that violate CNMI law should face stiff consequences (i.e., losing their permits) for ruining the CNMI’s reputation and damaging the entire industry.         

It was also said that the CNMI must do more to clean up the environment if it is serious about the tourism industry.  Tour operators frequently find plastic bags and other trash floating in the water and clogging up boat engines.  It was also said the trash along the coast and in the lagoon worsens during community events such as the Flame Tree Festival, Taste of the Marianas, and Liberation Day Carnival, and that the responsible agencies must do a better job of managing solid waste at these events. 

In addition, it was noted that government agencies, including DEQ, CRM, DFW, and Boating Safety, routinely drive on the beach, and this practice must be stopped.  It was also said that the CNMI must do more to control stormwater runoff, which is contaminating our beaches that are so essential to the tourism industry, and that tourists must be better educated about coral reef protection.        

Finally, some said that MVA has not done a good job thus far of effectively promoting the CNMI.  It was suggested that perhaps MVA should be abolished and a qualified private marketing firm hired instead to promote the CNMI, which may bring better results for the CNMI at lower cost.

Regarding the status of long-term nonresident workers:  there were many who said that the proposed federal immigration law would correct long-standing injustices in the CNMI, that implementation of the law would benefit everyone, residents as well as nonresidents, and that those who are fighting federalization are simply fighting for what they see as a “right” to cheap guest workers.  Some also said that opposition to federalized immigration is rooted at least partially in racial prejudice and fear. 

There were others who feared that improving the status of nonresident workers might mean certain disadvantages for residents (i.e., fewer jobs available, and the erosion of indigenous culture and political power).  Much of the opposition expressed about the proposed federal law seemed to be based primarily on fear of change and uncertainty in general, particularly during this economic crisis when people are feeling so vulnerable already.  Doubts were expressed about how effective the federal government would be in implementing this law, although it was also said that the local government has not been very effective either in implementing its own laws.    

Finally, some expressed disappointment with the uncompromising position of local business and political leaders with respect to the proposed federal immigration law.  Instead of fighting the inevitable, our leaders should work with the inevitable, and offer specific, practical recommendations to the federal government that would benefit the CNMI.  Some also expressed concerns that the pending local labor law (HB 15 – 38) is being rushed by the Legislature and Administration in order to “neutralize” the impacts of federal immigration law, particularly with respect to long-term nonresidents (i.e., so that people who would qualify for FAS cards could be expatriated under the local labor law before the passage of the federal law).   

It was said that schools routinely lack basic supplies; teachers are stressed from either overcrowded classrooms or from having no prep periods; and some schools are now rationing power and water.  Teachers are now turning off lights in the classroom during instructional time in an effort to save power, and extracurricular activities after school are limited because the water is shut down.  School buses also have limited fuel, so field trips are difficult to arrange now, and students sometimes must pay a private company to go on trips. 

Some said, however, that management is a problem at PSS and at many struggling public schools just as it is with any other CNMI agency.  More money will not help much if these fundamental management issues are not addressed. 

It was said that the director of the CNMI’s public hospital should never be a political appointee.  All that should matter is that the hospital administrator is knowledgeable about healthcare and a competent manager. 

Finally, it was said that the CNMI must invest more in preventive care programs to address the chronic and preventable diseases that are afflicting the community.

It was said that bad management and corruption are at the root of CUC’s failure.  CUC has been run for too long by incompetent individuals, including unqualified board members and executive directors, and the agency requires consistent auditing to ensure accountability.   

People also said that CUC’s billing practices and other policies must be thoroughly investigated and adequately explained to the public. The oversight hearings being conducted by the Legislature should be watched closely; people want results to come out of these hearings.

It was also said that CUC’s generators are dilapidated due to years of poor maintenance and that no legitimate private company would be seriously interested in buying CUC, except perhaps under a “Build Operate Transfer” scheme. 

It was said that CUC has done a poor job of explaining to the public the reasons for the recent engine failures, and the action the agency took to correct them.  It was also said that the government needs to do a comprehensive energy audit to identify the sources of waste along the lines, and that the government has not done enough in its own offices to significantly improve efficiency and cut costs. 

Finally, it was said that people with disabilities and low-income families need more assistance to pay their power bills.

It was said that there must be more investigations and prosecutions of public corruption, with severe penalties and jail terms for the violators, and that not only the rank and file employees guilty of corruption should be punished, but managers as well.  It was also said that there should be qualifications for management positions, particularly board memberships and directorships, and they should be strictly enforced.

It was said that a thorough desk audit of the entire CNMI government must be done as soon as possible to identify positions that could be eliminated and other opportunities to save the government money.  Such a desk audit, however, must be conducted by an independent firm to have any credibility – it should not be up to the Office of Personnel Management or any other agency within the government.

It was said that the Legislature should stop hiring community workers and spending taxpayer money on tables and tents.  It was also said that the Open Government Act should be strengthened and fully applied to the Legislature, and that requirements for a minimum waiting period between first and final readings of a bill should be established and enforced.   

It was said that the CNMI should revisit the proposed amendments of the last Constitutional Convention (1995) as a starting point for constitutional reform.

Finally, it was said that the CNMI government needs to hire professional economists and accountants to provide sound advice to its leaders on public policy.