[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[House]
[Pages 17678-17680]
[From the U.S. Government Publishing Office, www.gpo.gov]




           NORTHERN MARIANA ISLANDS SUBMERGED LAND CONVEYANCE

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 934) to convey certain submerged lands to the Commonwealth 
of the Northern Mariana Islands in order to give that territory the 
same benefits in its submerged lands as Guam, the Virgin Islands, and 
American Samoa have in their submerged lands, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 934

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVEYANCE OF CERTAIN SUBMERGED LANDS TO THE 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       (a) In General.--The first section of Public Law 93-435 (48 
     U.S.C. 1705) is amended by inserting ``the Commonwealth of 
     the Northern Mariana Islands,'' after ``Guam,'' each place it 
     appears.
       (b) References to Date of Enactment.--For the purposes of 
     the amendment made by subsection (a), each reference in 
     Public Law 93-435 (48 U.S.C. 1705) to the ``date of 
     enactment'' shall be considered to be a reference to the date 
     of the enactment of this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Washington (Mr. Hastings) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I call up for the consideration of the 
House H.R. 934, which is the first bill introduced by our colleague, 
the gentleman from the Commonwealth of the Northern Mariana Islands, 
Mr. Kilili Sablan. I thank the gentleman for bringing the subject 
matter of this bill to our attention.
  This measure provides equity to the CNMI. It is the only U.S. 
territory that does not control its submerged lands. The bill before us 
would simply convey the submerged lands surrounding the Commonwealth of 
the Northern Mariana Islands extending out to 3 nautical miles to the 
Government of the CNMI. This is the same treatment of submerged lands 
afforded to Guam, American Samoa, and the U.S. Virgin Islands.
  I would like to thank Mr. Sablan for introducing this legislation and 
for making H.R. 934 one of his first legislative priorities as the 
delegate from the CNMI.
  Mr. Speaker, I urge support for this important legislation, and I 
reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I rise in support of H.R. 
934, and I yield myself as much time as I may consume.
  Mr. Speaker, under this legislation, the Commonwealth of the Northern 
Mariana Islands will have parity with other U.S. territories by gaining 
jurisdiction over its submerged lands out to 3 geographic miles. The 
other territories were given jurisdiction over submerged lands out to 3 
geographic miles in the 1974 Submerged Lands Act. It is time that the 
Commonwealth is given the same authority, and this legislation provides 
that.
  And with that, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield to the author of the bill and the 
gentleman from the CNMI, Mr. Sablan, for as much time as he may 
consume.
  Mr. SABLAN. Mr. Speaker, I want to thank the gentlewoman from Guam, 
the distinguished chairwoman of our subcommittee, Madeleine Bordallo, 
for her leadership on many matters pertaining to the insular areas and 
to the Mariana Archipelago islands that we represent here in Congress. 
I want to especially thank her for her support of H.R. 934.
  On February 25, 2005, the people of the Northern Mariana Islands 
awoke to the news that the Ninth Circuit Court of Appeals had affirmed 
a lower court ruling stating that the submerged lands and the waters 
above them surrounding our islands do not belong to us; rather, they 
are the property of the United States of America. The decision came as 
a shock.
  For at least 3,500 years, the Chamorro and Refaluwasch people have 
lived on these islands and fished and sailed in the waters around them. 
Never did we think them not our own, nor did the people of the Northern 
Mariana Islands ever believe, in entering the Covenant of Political 
Union with the United States of America, that we were relinquishing our 
rights and title to the submerged lands and waters surrounding us. 
These lands and waters have always been an integral part of

[[Page 17679]]

our existence, essential to our being and livelihood and to the sense 
of who we are; yet the Ninth Circuit ruled otherwise.
  In doing so, the Court did, however, ``recognize the importance of 
the submerged lands to the culture, history and future of the Northern 
Mariana Islands,'' and acknowledged that Congress, if it chose, could 
remedy the situation and return these lands to the people of the 
Northern Mariana Islands, and that is what H.R. 934 does.
  The bill conveys to the people of the Northern Mariana Islands the 
submerged lands surrounding our islands and extending 3 geographic 
miles outward from their coastlines. The measure is supported by the 
elected leadership of the Commonwealth of the Northern Mariana Islands.
  I ask to enter into the Record this letter jointly signed by Governor 
Benigno R. Fitial, Speaker of the House Arnold I. Palacios, and Senate 
President Pete P. Reyes, in which the three confirmed their support of 
H.R. 934.
  I would also like to add to the Record a second letter of support. 
This is from the Friends of the Monument, an organization that worked 
for and successfully achieved the designation of large areas of the 
waters and lands in the Marianas as the Marianas Trench Marine National 
Monument.
  The Monument is one of the largest marine conservation areas in the 
world, which we share with our neighbor, Guam, 115,000 square miles, 
and protects the world's deepest ocean, the Marianas Trench, 35,813 
feet deep.
  It is the understanding of all parties that H.R. 934 gives the 
Commonwealth of the Northern Mariana Islands the same ownership rights 
over the submerged land surrounding our islands as are possessed by 
Guam, the Virgin Islands and American Samoa.
  This conveyance includes the three northernmost islands in the 
Northern Mariana Islands, which constitute the ``Island Unit'' in the 
Marianas Trench Marine National Monument by Presidential proclamation 
on January 6, 2009.
  It is also understood that after this bill is enacted into law, the 
people of the Commonwealth of the Northern Mariana Islands will have 
the option of exercising full control over the submerged lands 
surrounding these three islands, or deciding to include those submerged 
lands within the Monument under comanagement with responsible Federal 
agencies.
  The proclamation committed the Federal Government to providing the 
Commonwealth with this option, and H.R. 934 expressly provides that it 
does not amend, repeal or otherwise alter the proclamation and the 
commitments attached to it.
  Mr. Speaker, H.R. 934 is the very first bill that a representative of 
the people of the Northern Mariana Islands has ever introduced in the 
United States Congress.
  I ask my colleagues to support the measure. I thank the ranking 
member, Mr. Hastings, also for his support of the measure, and I 
express my hope that this bill giving back to the people of the 
Northern Mariana Islands what they always believed to be their own will 
be the first bill introduced by their own representative that is 
enacted into law.

                                               Commonwealth of the


                                      Northern Mariana Islands

                                         Saipan, MP, July 9, 2009.
     Hon. Gregorio C. Sablan,
     CNMI Delegate to the United States,
     Washington, DC.
       Dear Congressman Sablan: We are jointly writing to inform 
     you that we are completely united in our support for HR 934. 
     We urge you to push for the passage of this legislation in 
     order to give the CNMI control over the first three miles of 
     its submerged lands.
       We support this legislation with a certain understanding of 
     the provisions of H.R. 934 that we urge you to include in the 
     Congressional record, namely, that H.R. 934 would provide for 
     the following: H.R. 934 will give the Commonwealth of the 
     Northern Mariana Islands the same ownership rights over the 
     submerged lands surrounding its islands as are possessed by 
     Guam, the Virgin Islands, and American Samoa. This would 
     include the submerged lands around the three northernmost 
     islands in the Commonwealth, which constitute the ``Islands 
     Unit'' in the Marianas Trench Marine National Monument 
     established by Presidential Proclamation on January 6, 2009. 
     After this bill is enacted into law, the people of the 
     Commonwealth of the Northern Mariana Islands will have the 
     option of exercising full control over the submerged lands 
     surrounding these three islands or deciding to include those 
     submerged lands within the Monument under co-management with 
     the responsible federal agencies. The Proclamation committed 
     the federal government to providing the Commonwealth with 
     this option and H.R. 934 expressly provides that it does not 
     amend, repeal, or otherwise alter the Proclamation.
       With this understanding of the contents of H.R. 934, we 
     urge you to support H.R. 934 for the benefit of the people of 
     the CNMI.
           Sincerely,
     Benigno R. Fitial,
       Governor.
     Pete P. Reyes,
       Senate President.
     Arnold I. Palacios,
       Speaker of the House.
                                  ____



                                      Friends of the Monument,

                                        Saipan, MP, June 23, 2009.
     Re Marianas Trench Marine National Monument.

     Representative Greg Camacho Sablan,
     House of Representatives,
     Washington, DC.
       Hafa Adai Delegate Sablan, This letter is a follow-up to 
     the letter we sent you dated April 17, 2009. In that letter 
     we requested for ``the state waters from 0-3 miles 
     surrounding the islands of Uracas, Maug, and Asuncion (to) 
     remain a part of the monument, under the jurisdiction (and 
     ownership) of the Commonwealth and co-managed with the rest 
     of the monument by the Commonwealth and the Departments of 
     Commerce and Interior.''
       This was our stance before the declaration of the monument 
     and it is our stance today.
       Many promises made by the former Council on Environmental 
     Quality Chairman James Connaughton in the lead up to creation 
     of the monument have been kept. The Commonwealth has received 
     untold amounts of positive media exposure. There is a renewed 
     world-wide interest in exploring the depths of the deepest, 
     darkest place on Earth, as evidenced by the recent expedition 
     by Woods Hole Oceanographic Institute to the bottom of 
     Challenger Deep, only the third such expedition in the 
     history of mankind. The Northern Marianas are also now 
     recognized as the home to one of the most iconic, 
     recognizable geological features on the planet, adding to the 
     richness of our culture and heritage. The creation of the 
     monument will have everlasting positive effects on our 
     economy and the health of our marine environment and will 
     help preserve our unique culture. It has also brought the 
     Commonwealth closer to achieving the goals of the Micronesia 
     Challenge, which seeks to effectively conserve 30% of the 
     near shore resources of all the islands in Micronesia. Most 
     importantly, in the span of just a few months our people have 
     become worldwide leaders in ocean conservation. Perhaps you 
     saw the Friends of the Monument on NBC Nightly News during 
     Earth Week'?
       Sadly, several promises remain unfulfilled. During his 
     visit to the Commonwealth in October 2008, Chairman 
     Connaughton promised the people of the Commonwealth that the 
     designation of the monument would give our people (1) co-
     management of the monument, (2) a visitors center on Saipan, 
     and (3) control of the submerged lands from 0-3 miles around 
     the 14 islands of the Commonwealth.
       We remain committed to fulfilling these promises, starting 
     with the control of the submerged lands around all the 
     islands of the Commonwealth. Just so that we are clear, it is 
     our recommendation that ``the state waters from 0-3 miles 
     surrounding the islands of Uracas, Maug, and Asuncion remain 
     a part of the monument, under the jurisdiction (and 
     ownership) of the Commonwealth and co-managed with the rest 
     of the monument by the Commonwealth and the Departments of 
     Commerce and Interior.''
       Thank you for taking the time to listen to our concerns. 
     Your staff has been very gracious in allowing us time to 
     share our recommendations and concerns for the Marianas 
     Trench Marine National Monument.
       And on a final note, on behalf of the entire Friends of the 
     Monument organization, thank you for the recent Congressional 
     Commendation. It is quite an honor to be one of the first 
     organizations in the Northern Mariana Islands to be so 
     recognized by the United States Congress.
       Thank you and I look forward to your reply,
                                               Ignacio V. Cabrera,
                                Chairman, Friends of the Monument.

  Mr. HASTINGS of Washington. Mr. Speaker, I yield 1 minute to the 
gentleman from Arizona (Mr. Flake).
  Mr. FLAKE. I just want to welcome the gentleman from the Northern 
Marianas to this Chamber, and it's great to have him here. This is 
something that we have wanted for a long time, to have this territory 
represented here in the U.S. Congress.
  This is a good bill. It's a bill that some of us have worked on for 
years to ensure that the submerged lands are where they belong, that 
the ownership

[[Page 17680]]

is there, and that the rights that accrue to that attain to the 
Northern Marianas.
  So I just stand in support of this legislation. Again, welcome, the 
gentleman from the Northern Marianas. We're glad he's here in Congress 
where he belongs.
  Ms. BORDALLO. Mr. Speaker, I have no additional requests for time, 
and reserve the balance of my time.
  Mr. HASTINGS of Washington. I have one additional speaker. I yield 3 
minutes to the gentleman from Georgia (Mr. Broun).
  Mr. BROUN of Georgia. Mr. Speaker, I thank the gentleman, my good 
friend, Mr. Hastings, for yielding some time on this issue, and I 
greatly appreciate the people of the Mariana Islands wanting to control 
their own property. And I congratulate them on the introduction of this 
legislation, and I certainly support it. And I think it's very laudable 
that we are bringing this forward, and I very much support it.
  I think States and territories should control their own property. We 
have too much Federal control of State property and Federal property, 
and I am glad to see this legislation. And I congratulate you and my 
friends on the other side for bringing this forward.
  I am also concerned about the submersion though of the American 
taxpayer in just a sea of debt. We have created more debt in this 
Congress, this administration has proposed more debt over the next 5 
years than has been created by every single Presidency since George 
Washington all the way through George W. Bush. And the American people 
are drowning in a sea of debt, and we are creating more and more debt 
for those people. We are robbing our children and our grandchildren of 
their future. The American people are going to live at a lower standard 
than we live today because of the debt that we are creating, and I am 
very concerned about that.
  We have got to stop the spending. It's egregious. It's absolutely 
outrageous the amount of money that's being spent by this Congress. And 
we see bill after bill, a nonstimulus bill, an omnibus bill, a Wall 
Street bailout that our previous administration brought to us and that 
this Congress and this administration continued and spent the other 
half.
  We have a health care bill that's being introduced just today that is 
going to create more debt, and it's going to destroy the health care 
system and put a Washington bureaucrat between patients and their 
doctor. And Washington bureaucrats are going to be making health care 
decisions for their patients. And the American people need to stand up 
and say ``no.'' It's going to overwhelm them, a tremendous sea of debt 
that's being created by this Congress, and it has to stop.
  And, Mr. Speaker, I just hope that the American people will 
understand what's going on here and will rise up, call their 
Congressman, call their two U.S. Senators and say ``no'' to this health 
care bill that's being introduced today. ``No'' to the tax and cap, so-
called cap-and-trade bill that's nothing but a revenue bill that's not 
about the environment. Say ``no'' to that. ``No'' to this continued 
tsunami of spending that's going on here.
  We've got a spending addiction here in Congress. I'm an 
addictionologist. I've practiced addiction medicine in my family 
practice. In addiction medicine, we say where there is not denial there 
is not an addiction. Congress has an addiction, a spending addiction, 
and they are denying it. We are denying it, and the spending has to 
stop.
  Ms. BORDALLO. Mr. Speaker, I have no additional requests for time and 
would inquire of the minority whether they have any additional 
speakers.
  Mr. HASTINGS of Washington. Mr. Speaker, if the gentlewoman is the 
last speaker, I yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R. 
934, recognizing the Commonwealth of the Northern Mariana Islands' 
(CNMIs') ownership of submerged lands lying three geographical miles 
outside of mainland coastlines.
  First and foremost, I want to commend my good friend, Congressman 
Sablan of the Commonwealth of the Northern Mariana Islands, for taking 
the initiative to introduce this important legislation. This bill is an 
example of the continued efforts by the Congress to support the 
Territories.
  H.R. 934 seeks to officially award the Commonwealth of the Northern 
Mariana Islands submerged lands that are located three geographical 
miles outside of mainland coastlines. Submerged lands qualify as lands 
permanently or periodically covered by tidal waters up to, but not 
above, the line of high tide. American Samoa, Guam, and the Virgin 
Islands were granted ownership over our own respective submerged lands 
by the 93rd session of the Congress, before the Commonwealth of the 
Northern Mariana Islands became a territory of the United States. The 
CNMI wishes to be afforded the same opportunities granted to the other 
territories by having these submerged lands officially recognized as a 
part of their Territory.
  Mr. Speaker, by allowing these submerged lands to be recognized, they 
will fall under the jurisdiction of the Commonwealth of the Northern 
Mariana Islands, as opposed to that of the U.S. Seeing as the submerged 
lands are located so closely to the mainland, having them fall within 
the jurisdiction of the CNMI will allow for sufficient justice to be 
served. Commonwealth citizens and officials, instead of officials 
residing thousands of miles away, will be implementing and enforcing 
laws that apply to their population.
  The U.S. government will still have claim over gas, oil, and other 
mineral deposits that may be possibly found on these lands. It should 
be noted that H.R. 934 applies solely to those lands that are 
submerged; the U.S. government will still have full control and 
possession of lands above sea level that do not belong to the 
Commonwealth. Additionally, it does not circumvent any actions that may 
be taken or regulations that have been put forth by U.S. naval 
authorities regarding these submerged lands.
  It is apparent that H.R. 934 serves to benefit the Commonwealth of 
the Northern Marina Islands and will not be detrimental to the United 
States. For these reasons, I urge my colleagues to pass H.R. 934. 
Again, I thank my colleagues for their support of this legislation.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 934, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________