[Congressional Record Volume 143, Number 153 (Wednesday, November 5, 1997)]
[Senate]
[Pages S11766-S11768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. MURKOWSKI:
  S. 1373. A bill to establish the Commonwealth of Guam, and for other 
purposes; to the Committee on Energy and Natural Resources.


                       THE GUAM COMMONWEALTH ACT

  Mr. MURKOWSKI. Mr. President, I send to the desk, for appropriate 
reference, legislation to establish the Commonwealth of Guam. This 
measure is identical to H.R. 100 which was introduced by Congressman 
Underwood. I am introducing this measure at the request of Congressman 
Underwood and Governor Gutierrez of Guam.
  The quest for self-government and recognition of the authority to 
determine the laws and programs that facilitate or impede our social, 
political, and economic growth are an integral part of the territorial 
history of this Nation. Even before the Constitution had been ratified, 
the Northwest Ordinance set the pattern for the territory subject to 
the new Federal Government. The ordinance set a policy that the 
territory would be settled as soon as possible and admitted into the 
Union with the other States. That policy, of full self-government and 
limited governance from the Federal Establishment, marked territorial 
policy until the beginning of this century.
  While this century has seen the admission of States such as Arizona 
and New Mexico, as well as the more recent admission of Alaska and 
Hawaii, the progress of full self-government has been slower for most 
of the areas acquired as a result of the Spanish-American War or since 
that time. In 1898, a century ago, the United States acquired the 
Philippines, Guam, and Puerto Rico. In 1900 and 1904 treaties of 
cession confirmed the extension of sovereignty over American Samoa. In 
1916

[[Page S11767]]

we acquired the Virgin Islands. In 1976 the covenant that provided the 
basis for the acquisition of the Northern Mariana Islands was enacted 
following a plebiscite in the islands.
  These areas, with the exception of the Philippines, have not followed 
the path taken by the other territories of the United States. The 
Philippines achieved commonwealth and independence, although World War 
II delayed full implementation. Shortly after World War II, Puerto Rico 
was permitted to replace the local government provisions of federal 
organic legislation with a locally drafted Constitution and to elect 
its Governor. Not until the 1970's were Guam, the Virgin Islands, and 
American Samoa afforded the opportunity to popularly elect their own 
Governor. Also, during that period, Guam and the Virgin Islands were 
provided the opportunity to develop a constitution to govern local 
matters.
  The Commonwealth of the Northern Mariana Islands and American Samoa 
are in a slightly different situation. American Samoa has a locally 
developed constitution promulgated by secretarial order and the 
Northern Marianas operate under the local constitution authorized under 
the covenant.
  The process of local self-government and improvements in Federal-
territorial relations has not stopped for any of these areas. This 
Congress has already seen as much attention as has occurred over the 
past decade. The Senate has passed legislation that provides the Virgin 
Islands with the same flexibility to issue short-and long-term bonds as 
the States enjoy. The Senate has also passed legislation that would 
reform the way surplus Federal lands are disposed of in Guam, providing 
the Government of Guam with an effective voice in decisions with 
respect to future land use management. We have also considered 
modifications requested by the executives in Guam and the Virgin 
Islands to the powers of the Governor and Lieutenant Governor. Both the 
Senate and the House have pending legislation to provide a referendum 
in Puerto Rico on future political status. In that context we are 
considering status in the larger constitutional context of Statehood or 
independence as well as possible refinements to the present 
relationship. We also have pending in the Senate legislation forwarded 
by the administration that would revise Federal-territorial relations 
with the Northern Marianas in the areas of minimum wage, immigration, 
and trade.
  The legislation that I am introducing today is a very broad approach 
to Federal relations with Guam. The provisions address several 
different issues ranging from problems over resource allocation and use 
to operations of government to social and cultural issues. In the past 
decade since the voters in Guam approved the present draft, some of the 
provisions, such as judicial reform or disposal of excess Federal 
lands, have been addressed individually. Others may no longer be 
relevant due to other changes. The central issue, however, is as 
current and relevant as it was in 1982 when the voters in Guam decided 
to seek commonwealth as a means to obtain greater self-government.
  The central issue is the proper role and authority of Federal versus 
local government. Where should decisions be made, be they right or 
wrong, and who should bear the burden of providing for the future? 
Should the Federal or local government have the authority to safeguard 
and manage local resources and provide for the health, safety, 
education, and welfare of the local residents? Should noncontiguous 
areas bear the burden of regulations crafted to meet the needs of the 
contiguous United States and for the administrative convenience of 
bureaucrats in Washington? I use the word noncontiguous because the 
concerns that led Guam to seek the provisions of this legislation are 
equally applicable to areas in Alaska or Hawaii. Status, in the 
constitutional sense, is not the problem or the answer, but rather the 
allocation of power and authority under the Constitution between 
Federal and local government.
  An example of this would be the application of provisions of the 
Clean Air Act to Guam. Notwithstanding the fact that Guam is a 
relatively small island located in the western Pacific in the middle of 
the trade winds, it had to comply with the same emission requirements 
as did places like Los Angeles or Washington. My colleagues should 
remember that what made Guam so valuable to the Spanish was that the 
galleons leaving Acapulco were blown by the trade winds to Guam, where 
they reprovisioned prior to heading to Manila. The powerplants in Guam 
were required to install expensive scrubbers even though the nearest 
point of land was the Philippines. Eventually we managed to obtain a 
waiver for Guam, but it was only after years of effort by our 
committee, with the help I would note of my colleagues on the 
Environment and Public Works Committee, to convince EPA that granting a 
waiver for Guam was not a precedent for exempting the State of 
Nebraska. Alaska and Hawaii have not been as successful, I would note. 
Another example is the visa waiver that we finally managed to obtain 
for Guam for tourists.
  These are not unique problems. Administrative convenience seems to 
always outweigh the realities of life in the noncontiguous areas, nor 
are our provisions uniform. In some instances, the difference in 
treatment aggravates the local unhappiness with Washington. Guam is the 
southernmost of the Mariana Islands. The Northern Mariana Islands, 
which can be seen from Guam, are not subject to the Jones Act, but Guam 
is. The Virgin Islands has an exception, but Guam does not. While I 
would never argue for uniformity as an inflexible principle, I do think 
that Washington can be considerably more creative than it has been, and 
certainly can be more understanding of the uniqueness of the 
noncontiguous areas.
  Insensitivity is also a reason underlying some of the provisions of 
the legislation. The most recent example is the actions of the Fish and 
Wildlife Service in carrying out its land grab in Guam. Rather than 
devoting resources to the eradication of the brown tree snake, the Fish 
and Wildlife Service rushed to use the depredation caused by the snake 
as a reason for creating a refuge and overlay covering almost one-third 
of Guam. Well know habitat such as runways were covered. The reason for 
the rush to create the refuge is understandable since several of the 
native species are already extinct and the rest are scurrying for what 
little remains of their existence from the snake. If the Fish and 
Wildlife Service had not moved quickly, they would have had to defend 
creating the only refuge for non-existent species. I suppose they could 
have used it as a precedent for creating a refuge for dinosaurs in Utah 
and locking up whatever lands the President and Secretary Babbitt 
missed last year. In that context, I would suggest that at the next 
meeting of the Western Governors, the Governors of Guam and Utah swap 
stories of Federal land grabs.

  I am in full sympathy with the objectives of this legislation. The 
Governor of Guam may feel that he is alone, but we in Alaska know full 
well what dealing with Washington entails. We also must deal with 
insensitive bureaucrats, acquisitive Secretaries, irrelevant stateside 
standards, and a wealth of officious and fussy Federal agencies who 
seem to have as their sole mission making life as difficult, expensive, 
and complex as possible. Guam at least has a central road system and 
the possibility of developing the southern end of the island--an option 
that Federal managers are committed to denying Alaska. I fully 
understand the frustrations that led the U.S. citizens in Guam to 
develop this legislation. Unfortunately, I must say that the problem is 
not the plenary authority of Congress under the Territorial Clause.
  As I stated, this legislation is a companion measure to one 
introduced by Congressman Underwood and I am introducing it at his 
request and at the request of the Governor of Guam. I ask unanimous 
consent that a copy of the letter be included in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. MURKOWSKI. Mr. President, I do not necessarily support every 
provision in this legislation as drafted, but I do support the 
underlying objective of redressing the balance of power and authority 
between Washington and Agana. As a result of my trip to Guam last year, 
I introduced legislation to deal with the disposal of surplus Federal 
property and prevent any future

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land grabs such as the one engaged in by the Fish and Wildlife Service. 
That legislation was not everything that either the Governor or I would 
have preferred, but I think that the end result of the Senate action, 
if finally enacted, will be a significant improvement in Federal-
territorial relations. I intend to take the same constructive approach 
to the provisions of this legislation.
  I appreciate that questions have been raised over some of the 
provisions from constitutional as well as policy grounds, but that 
should not be an excuse to avoid addressing the underlying concerns 
that led to the drafting and approval of those provisions by the voters 
in Guam. As I said before, we have a lot of experience with foolish and 
petty restrictions from Federal agencies. As a percentage, far more of 
Alaska is subject to Federal land domination and our communities suffer 
the consequences of an inability to obtain transportation and utility 
corridors across the Federal lands. I have sympathy and sensitivity to 
local cultural concerns as well because we also see Federal agencies 
trying to frustrate the benefits and protections afforded our Native 
Alaskans. Guam is concerned over the loss of the economic potential of 
its marine resources and Alaska holds the single most promising 
petroleum area on the continent.
  I hope to meet shortly with the Governor and with members of the Guam 
Legislature to discuss the provisions of this legislation. I fully 
expect that the next few years will be particularly active for our 
Committee as we consider not only how to improve and strengthen local 
self-government in and revise Federal relations with Guam, but also 
deal with concerns that have arisen with some of the expectations and 
implementation of provisions of the Northern Marianas Covenant, 
political status in Puerto Rico, and renegotiation and extension of 
certain provisions of the Compacts of Free Association with the 
Republic of the Marshall Islands and the Federated States of 
Micronesia. Much has happened in the north Pacific since World War II 
and it is our responsibility to be as sensitive and responsible as 
possible to the needs and aspirations of the local governments who are 
either within or in free association with the United States. I 
encourage my colleagues to take the time to become more familiar with 
these areas and to take their particular needs and problems into 
consideration when crafting legislation. It is far easier to address 
the situation of the noncontiguous areas at the outset of legislative 
efforts, than it is to come in later when we have entrenched 
bureaucrats who see their power threatened if we act responsibly.

                               Exhibit 1

                                              Carl T.C. Gutierrez,


                                             Governor of Guam.

                                              Robert A. Underwood,


                                           Member of Congress,

                                                 October 29, 1997.
     Senator Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, 
         Washington, DC.
       Dear Chairman Murkowski: Today we had our first hearing on 
     H.R. 100, the Guam Commonwealth Act, before the House 
     Committee on Resources. As we work with the Members of the 
     House Committee to perfect their version, we believe it is 
     time to move forward and proceed to the next step in the 
     process.
       Therefore, we respectfully request your support for the 
     introduction of companion legislation to this bill in the 
     Senate and consideration of a hearing at the earliest 
     possible convenience of the committee.
       We pledge to work closely with you and your staff and 
     assist you in any way we can.
           Sincerely,
     Carl T.C. Gutierrez,
       Governor of Guam.
     Robert A. Underwood,
       Member of Congress.
                                 ______