Magalahen I' Chamorro .Na' TaotaoguiFRANK J. SCHACHERTRIBAL CHAIRMAN

Magahti I' Chamorro 9vra' TaotaoguiGREGORY P. SCHACHER

TRIBAL VICE - CHAIRMAN

Magalahi I' Distritu StanALBERT SAN AGUSTIN

Eastern District Chief

Maga1ahi I' cDistritu LuchanJUAN LIMTIACO

Western District Chief

Magalahi I' cDistritu LaguTOMAS FEJERAN

Northern District Chief

Magalahi I' cDistritu 7fayaROMEO HERNANDEZSouthern District Chief

Chamorro Triha[SecretarySKYLTA F. SCHACHER

August 24, 2010f

CHAMORRO TRIBEI' Chamorro Na' Taotaogui

P.O. Box 24753 GMF, Barrigada, Guam 96921

c

Telephone : 671 .632 .3534 Email :hamorrotribe67 l @ gmail .com I www.chamorrotribe .webs .com

Valerie CurtisNaval Facilities Engineering command Pacific258 Makalapa Drive, Stuie 100

1 Pearl Harbor, Hawaii 96860-3134valerie .n.curtis@navy mil

Re : Section 106 Consulting Party for Guam Build-upf1? Dear Ms. Curtis :

The Chamorro Tribe is a state recognized tribal body whose goals areto promote and protect the culture, heritage, welfare and naturalresources of the Chamorro People .

We have been extensively involved with the proposed military build-up on Guam prior to and throughout the NEPA process . We havespent thousands of man-hours and considerable resources researchingthe ramifications this build-up would have upon our ecology, ourculture, our heritage and our aboriginal rights. Therefore, pursuant to36 CFR, SS 800.2(c)(5) and 800.3(f)(3), the Chamorro Tribe formallyrequests inclusion as a consulting party .

We are deeply concerned over the potential impact on culturallyhistoric properties, ancient sacred remains and artifacts as well as theprofound impact on the quality of life, the culture and the ecology forour future generations . We feel we can provide relevant social,cultural and historical information as well as local prospective as aconsulting party under section 106 .

Please include the Chamorro Tribe in your distribution list for publicnotices of any meetings and for the circulation of any documents forcomment. [please send copies of future notices to us via email to :chamorrotribe67l @ gmail .com or by U.S . Postal to : P.O . Box 24753GMF, Barrigada, Guam 96921 .

Thank you for your attention and consideration of our request . We look forward to participatingin the review and consultation process .

Sincerely,

Frank J. Schacher, ChairmanCHAMORRO TRIBE

Cc: (by email)White House: Barack H. Obama, President of the United StatesMadeleine Z. Bordallo, Congressional Delegate to WashingtonTony Babauta, Assistant Secretary of Interior Insular AffairsJudith Guthertz, Senator & Chairperson, Committee on the Guam Military Buildup and Homeland SecurityLouise Brodnitz, Advisory Council on Historical PreservationBrian Turner, National Trust for Historic PreservationLynda Bordallo Aguon, Guam State Historic Preservation OfficerJoe Quinata, Guam Preservation TrustNative American Rights Fund

The Guam Department of Parks & Recreation Mail - (no subject)

(no subject)Therese Terlaje <tterlaje@guam .net>To : lynda .aguon@dpr.guam.gov , joe.duenas@dpr.guam .govCc: tterlaje@guam .net

Dear Lynda and Joe,

With all due respect, I would recommend that on behalf of the people of Guam and in your official capacities that yourresponse to the PA be not to sign it, with the following statements specifically included in your response . I make theserecommendations in my persona I capacity only and not in my capacity with the Legislature .

Please do not hesitate to call me if any questions .

Therese Terlaje

Do not agree that properties listed have no historic significance without further consultation .

Do not agree that there will be no adverse effects to properties listed without further consultation .

Acknowledge the extensive efforts made to suryey the property, but Do not agree that adequate consultation has occurredwith those Chamorros who might hold these properties culturally or historically significant and more time is required .

Affirm that additional time is required to give notice to the public and solicit additional comments on the mitigation proposed inthe PA for all specific and cumulative effects of this massive undertaking . Less than 7 days notice has been given, and therehave been requests for additional time due to the length of the list of properties affected .

Additional time may be needed to ensure that no part of this document conflicts with Guam law or notice requirements .

Lynda B. Aguon < Iynda.aguon@dpr.guam.gov>

Thu, Aug 26, 2010 at 12 :16 PM

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https://mail.google.com/a/dpr.guam.gov/?ui=2&ik=9flf58de2d&view=pt&search=inbox&msg=l2aac2eff . . 8/30/2010

The Guam Department of Parks & Recreation Mail - (no subject)

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Assure ACHP that productive results can be had if this is not rushed, if the public is allowed ample time to participate, andwith continued good faith efforts of all parties .

https ://mail.google.com/a/dpr.guam.gov/?ui=2&ik=9flf58de2d&view=pt&search=inbox&msg=l2aac2eff . . 8/30/2010

The Guam Department of Parks & Recreation Mail - Historic Properties on Guam

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Lynda B. Aguon < lynda.aguon@dpr.guam .gov>

Historic Properties on GuamTherese Terlaje <tterlaje@guam .net>

Thu, Aug 26, 2010 at 2 :42 PMTo : william.manley@navy .mi l, Randy Sablan <Randel .Sablan@fe.navy . mi l >, "Curtis, Val N CIV NAVFAC PAC, EV2"<valerie .n .curtis@navy.mi l>Cc : lynda .aguon@dpr.guam.gov, Barbara Alberti@nps .gov, Tony_Babauta@ios.doi.gov , chall@achp.gov ,joe.duenas@dpr.guam.gov , sylvia.flores@dca .guam .gov, Horst Greczmiel@ceq .eop.gov , Hassell@ceq .eop.gov ,Sherry_Hutt@nps .gov, jgpreservation@guam .net, leona@guammuseum .com , l inda.lawson@ost .dot .gov ,MaryAnn .naber@dot .gov , Chris_Lehnertz@nps.gov, David Louter@nps .gov, Reid Nelson < rnelson@achp.gov>,Kristen_H_Oleyte@ios .doi.gov , pdiego@mail .gov.gu , tfking106@aol .com , hpoarch@opticom .com , Richelle.TAKARA@dot .gov ,rhr@cnmihpo .net, wro@nthp .org , vitulano.karen@epamail .epa.gov , anthony.ramirez@dca.guam.gov , farrells@pticom .com ,Deborah.Bardwick@sol .doi.gov, tterlaje@guam .net

Thank you for the invitation on Monday (from Valerie) to be at Wednesday's meeting to receive an update on theProgrammatic Agreement and share our "concerns" relative to the historic preservation issues regarding theMilitary Relocation to Guam, notwithstanding the lack of official response to Fuetsan Famalao'an's previousrequest to be a Consulting Party in the 106 review of the military buildup . At the Wednesday meeting, the draftPA was distributed to those present, together with some Appendices, and it was announced that you would allowfive days (until Monday) for comment .

It is my understanding from the draft PA and the DOD schedule for the PA (attached) that the DOD is proposingthat its mandated NHPA Sect . 106 review of the effects of the buildup activities on historic properties andTraditional Cultural Properties be satisfied by the execution of a Programmatic Agreement by Guam SHPO beforeSeptember 8, to coincide with the Record of Decision on the planned buildup, and that DOD intended thisWednesday's meeting to gather what looks to be final input on the PA before the ROD .

This PA is a complex document intended to bind the parties (27 pages with multiple, significant appendices) andwe request that the people of Guam be given more time to review it and to consult, consistent with the intent of theNHPA. Five days to review and comment on the draft is particularly unreasonable given the magnitude of thisplanned action and the great implications to historic properties on Guam (DOD stipulates in the PA that historicproperties will be adversely affected, and that there will be cumulative adverse effects for the entire islands ofGuam and Tinian) . I urge you to announce this PA and make it available to the general public on Guam so that youmay gather input from all those who will be affected before it is executed . Chamorros have inhabited Guam forthousands of years .

Although Congress has not yet given Chamorros similar status to the Native American tribes or the NativeHawaiians under NHPA, it is consistent with NHPA to afford Chamorros ample opportunity to have more thancursory say in this process, as we have a culture that dates back at least 4000 years, that is tied to the land, and thathas been passed down by oral tradition . Similar to the Native Americans and the Native Hawaiians, we have lostmuch of our oral history and use of our land due to occupation and colonialism, and it is imperative to our efforts toreconnect all the pieces of our history and culture that we be given the opportunity to consult prior to furtherdestruction or denial to future generations of historic properties and property which may hold traditional culturalsignificance.

https ://mail.google.com/a/dpr .guam.gov/?ui=2&ik= 9flf58de2d&view=pt&cat=JGPO&search=cat&msg= . . . 8/30/2010

The Guam Department of Parks & Recreation Mail - Historic Properties on Guam

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We agree with the `Whereas' clauses in the draft PA which state that there are historic properties that will beadversely affected by the planned projects for the military buildup on Guam ; that the cumulative effects of theprojects will be island wide on Guam and Tinian . We object to the adoption of Appendix D by the PA, andspecifically to all properties listed by approximately 216 separate military project names, where conclusion is thatthere is no adverse effect or no historic property affected . We request additional time to review the studiesunderlying these determinations and consultation with our community as to these findings . Notwithstanding themany studies that DOD insisted at the meeting were done to arrive at the conclusions on this Appendix, and DOD'sinsistence at the meeting that we should TRUST them to make accurate determinations, it is not consistent with thespirit of NHPA that these be determined without consultation with the Chamorro people . This is especially true inlight of the large population of Chamorros before the arrival of the Spanish and their documented inhabitation oruse of different areas of Guam, which is 30 miles long and 4 to 12 miles wide . In other words, it is hard to trustimmediately and conclude in five days that Chamorros placed no value on the listed properties in their 4000 yearlong history of veneration and celebration, or in their quest for food, clothing, and shelter, or by their fishing,hunting, and gathering in this limited land mass, which is much smaller than many national parks and nationalmonuments, and given the proximity of these properties to already recognized historical and traditional culturalproperties on Guam .

Also, we are unable to concur at this time with the specific adverse effects cited for some projects as we are notprivy to Appendix C, and thus unable to concur immediately with the specific mitigation proposed for destructionof said sites at this time .

DOD assured us at the meeting that they had consulted with very many people/parties in finalizing this agreement,but they found it unreasonable when I suggested that the public should have more than five days opportunity tocomment on the proposed findings of no adverse effect or no historic properties affected for the multitude ofprojects listed in Appendix D, and should be privy to the studies that were done to reach those conclusions . Forexample, for ALL projects within Apra Harbor, there is a finding of No Adverse Effect. For ALL but five of the68 projects proposed for Finegayan, there is a finding of No Adverse Effect, notwithstanding the noted direct effectof grading on Lusong and other sites from three projects, and the indirect effect to those sites by all other projects,and notwithstanding the fact that Lusong indicates the inhabitance of this area by Chamorros and ties present dayChamorros to their past and their ancestors .

Maps of the APE were provided in Appendix A, but it would be much easier for Chamorros to comment onparticular projects (App .D) if those were overlayed on the same maps, and villages and other common markersfamiliar to Chamorros also indicated . For example, where the text indicates a specific mitigation for blockingaccess to Mt Lamlam and Mt. Jumulong Manglo while conducting "training activities", the APE map does notindicate the Mountains nor the roads and villages of Umatac and Merizo . I can only guess that the area might bedepicted in the area labeled Naval Munitions Site .

The explanation given at the meeting as to the benefits of the summary disposition of the properties listed in the PAversus further consultation on those properties was that the cumulative effects could be dealt with this way andpossibly not dealt with absent the PA, and that review of the project properties without the PA would be "not asthorough, not as complete" . It is difficult for us to assume good faith under these conditions .

https ://mail.google.com/a/dpr.guam.gov/?ui=2&ik=9flf58de2d&view=pt&cat=JGPO&search=cat&msg= . . . 8/30/2010

The Guam Department of Parks & Recreation Mail - Historic Properties on Guam

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In fact, the benefits to DOD are clear . They would be allowed to proceed on the multitude of projects where theyhave concluded there are no adverse impacts or no historic properties affected, based on the stipulation of theSHPO and possibly the ACHP without further input from the Chamorro people, and this would be executed in timeto be incorporated in the NEPA process, and in the ROD. We were told at the meeting that the deadline was due tothe huge amounts of money that Congress had appropriated and that DOD would lose if not contracted out inconjunction with the ROD and by the end of the fiscal year .

The benefits of the PA to the people of Guam, who by the EIS process have repeatedly expressed their concern forthe loss of cultural and historical properties, are negligible .

By not signing this PA, the people of Guam stand to "lose"

I . Summary determination of huge tracts of land as not historic property or not adversely affected,effective for 20 years or for the duration of the buildup .

2 . Destruction of and access to known and unknown culturally significant or historical property for presentand future generations based on the summary determination in the PA .

3 . A promise to give Guam SHPO 30 days to review findings after 30% of the design is completed on newprojects not disclosed by this PA . 30 days review is reasonable under existing NHPA guidelines and the PAdoes not enhance this timeline despite the unprecedented amount of projects being rushed to completion . Infact, this PA memorializes that without a response in 30 days DOD will move forward on all projects .

4 . A promise to give unnamed Consulting parties 15 days to review determinations for projects notspecifically listed in this PA or not yet designed, of whether a property is historic or whether there are noadverse effects . This is unreasonable amount of time given the scope and number of the projects planned,and does not enhance the current review time under NHPA guidelines .

5 . A promise by DOD to request $5M from Congress towards a Guam Museum . No promise from DODto contribute a dime, no guarantee if Congress does not respond . Our Governor, senators, andCongresswoman have pledged to pursue these contributions from Congress towards preservation of ourculture, and have estimated the cost of a Guam Museum to be at least $25 Million . There is nothing toprevent DOD from pursuing this request as mitigation of the buildup notwithstanding this PA . To date,there is no indication that the military has pursued this or been successful in these efforts .

6 . A promise by DOD to request that Congress increase funding to Guam SHPO . DOD claims it is illegal

https ://mail.google.com/a/dpr .guam.gov/?ui=2&ik=9fl f58de2d&view=pt&cat=JGPO&search=cat&msg= . . . 8/30/2010

The Guam Department of Parks & Recreation Mail - Historic Properties on Guam

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for them to assist financially with SHPO duties under NHPA, and has not agreed to assist by granting moretime for critical review either . There is nothing to prevent DOD from making this request to Congress forthe past two years which they claim they have dedicated to the 106 process, and it should not be contingenton this PA but as part of their efforts to alleviate the burden on Guam from this massive and expeditedbuildup .

7 . A commitment that access routes will be open to pedestrians to the top of Mt . Lamlam and Mt .Jumullong Manglo on Good Friday and when not in use by DOD for training activities .

8 . A commitment that where highly forested areas are to be destroyed, DOD will provide traditionalartisans an opportunity to safely collect resources consisted with current DoD and installation securityinstructions and other safety related guidelines .

9 . A promise by DOD to consult with federal agencies, SHPO and unnamed parties towards an "AccessPlan" for historic properties on military land, subject to military operational requirements, current DOD andinstallation security instructions and other guidelines, and anti-terrorist /force protection security conditions .DOD has had the ability but not seen fit to do this for all many years, notwithstanding the multitude ofhistoric properties on the bases. There is nothing to prevent DOD from doing this even without a PA for theproperties covered and not covered by this PA .

10. A promise by DOD to conduct annual informational briefings for all DOD personnel, their families, andcontractors to mitigate the adverse effects of increase in population or visitation in areas where historicproperties are located . DOD is obligated to protect known historic properties on its premises and if annualbriefings may lessen any physical impact to the sites it should be done notwithstanding a PA . Thesebriefings will not facilitate the Chamorro people's use of the cultural sites on military bases .

11 . A promise by DOD to assist Guam in updating its Historic Preservation Plan . Unless the militaryintends to withhold studies and all data from Guam's preservation office, Museum, and other agencies,Guam SHPO and agencies are able to compile this information towards updating a Historic PreservationPlan without agreeing to the summary determinations and potential loss of historical or culturally significantproperties or the summary completion of the 106 process for those properties as contemplated by the PA .

I am not sure if the discussion yesterday was recorded and will be made part of the record . I hope the record willshow clearly that there was objection by those present, who were not federally employed or contracted, tofinalization of this PA as drafted . We do not object to further consultation and are hopeful that productive resultscan be had if this is not unreasonably rushed, and if the threats of withholding mitigation if this document is not

https ://mail.google .com/aldpr.guam.gov/?ui=2&ik=9flf58de2d&view=pt&cat=JGPO&searcli=cat&msg= . .. 8/30/2010

The Guam Department of Parks & Recreation Mail - Historic Properties on Guam

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signed before September 8 are curbed .

Si Yu'us Ma'ase',

Therese Terlaje, individually and

for Fuetsan Famalaoa'an

Guam and CNMI PA - schedule for completion 20AUG10 (2) .doc31K

https ://mail .google.com/a/dpr.guam.gov/?ui=2&ik=9flf58de2d&view=pt&cat=JGPO&search=cat&msg= . . . 8/30/2010

Programmatic Agreement - Public Hearing Needed! - Yahoo! Mail

MAILc lassos

Programmatic Agreement - Public Hearing Needed!From : "Vivian Dames" <vdames uog@yahoo.com >To : "Lynda B . Aguon" < Ibaguon@yahoo .com>Cc: "Senator Adolpho B . Palacios Sr ." < SenABPalacios@gmail .com>, "Senator Anthony V . Ada"

<senatortonyada@guamlegislature .or g >, "Senator Edward J .B . Calvo" < sencalvo@gmail .com>,"Senator Frank B . Aguon" < aguon4guam@gmail .com >, "Senator Frank F . Bias Jr ."<frank.blasjr@gmail .com >, "Senator James V . Espaldon" < senator@espaldon .com >, "Senator JudithP . Guthertz" < judiguthertz@pticom .com >, "Senator Ray Tenorio" < ray@raytenorio .com >, "SenatorRory J . Respicio" < roryforguam@gmail .com>, "Senator Telo Taitague" < senatortelo@gmail .com>,"Senator Thomas C. Ada" < tom@senatorada .org>, "Senator Tina Muna Barnes"<tinamunabarnes@gmail .com>, "Senator Vicente Ben . Pangelinan" <senbenp@guam .net>, "SpeakerJudi Won Pat" < speaker@judiwonpat .com>, "Vice Speaker B .J . F. Cruz" < senadotbjcruz@aol .com >

Dear Ms. Aguon :

Dangkulo na si Yu'os ma'ase once again for being my guest on Beyond the Fence on Friday, August 13, 2010 . Ihave received feedback from KPRG-FM listeners who appreciate learning more about your role as the Guam (State)Historic Preservation Officer and the Division of Historic Resources at this critical time .

I am writing to express my deep concern that you are being asked to sign the Programmatic Agreement that willallow the Department of Defense and the Government of Guam to proceed with its plans for the Guam MilitaryBuildup .

I feel strongly that a decision of this magnitude should be made by the people of Guam and our elected leaders .

I urge you to refrain from signing this agreement and to work with the members of the Guam Legislature toimmediately call for a public hearing on the particulars of this agreement .

Sincerely,

Vivian Dames Ph .D .Anchor Host and CoordinatorBeyond the Fence, KPRG FM 89 .3

Associate Professor, CNAS/DSWUniversity of GuamMangilao, GU 96923

Tel: 671- 735-2871E-mail : vdame s uognyahoo .com

Saturday, August 28, 2010 4 :40 AM

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The Guam Department of Parks & Recreation Mail - PA

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PAJoe Duenas <joe.duenas@dpr.guam .gov>

Mon, Aug 30, 2010 at 8 :01 AMTo: tterlaje@guam .netCc: "Lynda B . Aguon" < lynda.aguon@dpr.guam .gov>, John Mark Joseph <johnmark.joseph@dpr.guam.gov>, "Jose M . Quinata"<josequinata@yahoo.com>

Hi Therese,

I want to thank you for taking time to provide all the input that you have on the PA . You have provided excellent points . TheGuam HPO continues to process all the information received, and welcomes additional input . . Should you have any questionsor concerns at any point, please feel free to contact Lynda Aguon or myself .

Thanks again!

Joseph W. Duenas

DirectorDepartment of Parks, Recreation& Historic Preservation Office490 Chalan PalasyoAgana Heights, Guam 96910Bus : (671) 475-6296/7Fax: (671) 477-0997E mail : joe.duenas(@,,dpr .quam .gov

"Do not go where the path may lead ; go instead where there is no path and leave a trail ." - Ralph Waldo Emerson

Lynda B . Aguon < Iynda.aguon@dpr.guam.gov>

https ://mail.google.comlaldpr.guam.gov/?ui=2&ik=9fl f58de2d&view=pt&search=inbox&msg=12abfde2 . . . 8/30/2010

The Guam Department of Parks & Recreation Mail - No to Programmatic Agreement!

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Lynda B. Aguon < Iynda.aguon@dpr.guam.gov>

No to Programmatic Agreement!charissa aguon < charissa.aguon@gmail .com>

Thu, Aug 26, 2010 at 12 :44 PMTo : lynda .aguon@dpr.guam.govCc : speaker@judiwonpat .com , "B.J.F . Cruz" <senadotbjcruz@gmail .cam>, Tom@senatorada .org ,senatortonyada@guamlegislature .org , aguon4guam@gmail.com, frank.blasjr@gmail .co m , sencalvo@gmail .com, senjim@ite .net,senatorjudiguthertz@gmail.co m , tinamunabarnes@gmail.com, senabpalacios@gmail .com, senbenp@guam.net,roryforguam@gmail.com , ray@raytenorio .com , senatortelo@gmail .com

Hafa Aday Ms. Aguon & Honorable Senators,

I am writing to express my concern regarding the Programmatic Agreement you are being asked to sign in order to proceed with plans forthe Guam Military Build Up . I urge you and our local senators to call for a public hearing and refrain from signing the ProgrammaticAgreement. The Agreement should and must include that all the definitions of terms in the 36 CFR 800 be integral to the ProgrammaticAgreement, as well as a provision that the SHPO has the option, at first discretion, to invoke the regular Section 106 process in all militaryproposed undertakings in order to proceed, indicating that the military plans conform to Section 106 of the Nat] Historic Preservation Act .Signing the PA indicates that the island concurs with mitigation of our cultural and linguistic heritage . I do not believe these are issues thatcan be mitigated . Such an action is an assault to the cultural integrity or our people and the duty of the Guam State Historic Preservationoffice to work in the best interest of our people to preserve, protect and perpetuate the Chamorro culture and our colorful history .

Coverage within our local media suggests that your signature as the SHPO is the deciding factor in proceeding with plans ; however, this istruly a function of the people of Guam and the Legislature .

Sincerely,

Charissa L . Aguon & Family

Live. Love . Dream . .

https://mail.google.com/a/dpr.guam.gov/?ui=2&ik=9flf58de2d&view=pt&search=inbox&msg=12aac488 . . . 8/30/2010

The Guam Department of Parks & Recreation Mail - Consideration for your influence on the FEIS

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Consideration for your influence on the FEISAlison Rae Cuasay <m issalisonrae@yahoo .com>

Fri, Aug 27, 2010 at 3:31 AMTo : lynda.aguon@dpr.guam.gov

Hafa Adai Ms. Aguon,

I mane is Alison Taiamanglo Cuasay-and am both a Daughter of Guam and an eight year Army Veteran . I am writing to youto express my concern regarding the Programmatic Agreement you are being asked to sign in order to proceed with plans forthe Guam Military Build Up .

I respectfully I urge you and our local senators to call for a public hearing and refrain from signing the ProgrammaticAgreement without first listening to the wishes of the People of Guam .

As a daughter of Guam and former military officer and leader, the current build-up plan is unacceptable . Your endorsement ofthe Programmatic Agreement would validate the incomplete and profoundly damaging proposal for the build-up . The DEISand the current FEIS continues to ignore the significant implications that the proposed build-up will have on Guam's preciousresources and our rich cultural heritage .

I understand that the Programmatic Agreement has placed an immense weight on your shoulders . You should not bear thatweight alone . Listen to your people and let us help you make this invaluable decision .

Si Yu'us Ma'ase for your time and consideration .

Respectfully,Alison Taimanglo CuasayMissAlisonRae(a)yahoo .cor

Lynda B. Aguon < Iynda.aguon@dpr.guam .gov>

https ://mail.google.com/a/dpr .guam.gov/?ui=2&ik=9fl f58de2d&view=pt&search=drafts&msg=I 2aaf748 . . . 8/30/2010

I MINA'TRENTA NA LIHESLATURAN GUAHAN2010 (SECOND) Regular Session

Resolution No .

-30 (COR)

Introduced by :

B. T.F. Cruz

RELATIVE TO EXPRESSING THE GUAMLEGISLATURE'S OBJECTION TO THESATISFACTION OF DEPARTMENT OF DEFENSENHPA SECTION 106 RESPONSIBILITIES FOR THEMILITARY RELOCATION AND OTHER MILITARYBUILDUP PROJECTS ACCORDING TO THE TERMSOF A DRAFT PROGRAMMATIC AGREEMENT WITHGUAM SHPO AND WITHOUT FURTHERCONSULTATION WITH THE PEOPLE OF GUAM,AND TO FURTHER OBJECTING TO THE PROPOSEDMITIGATION AS INADEQUATE

1

BE IT RESOLVED BY THE COMMITTEE ON RULES OF I

2 MINA'TRENTA NA LIHESLATURAN GUAHAN:

3 WHEREAS, the Department of Defense (DoD) has determined that the

4 proposed Guam and Commonwealth of the Northern Mariana Islands

5 Military Relocation and associated buildup activities, as described in the Final

1

1 Environmental Impact Statement (FEIS), are subject to review under Section

2 106 of the National Historic Preservation Act (NHPA), and its implementing

3 regulations;

4

WHEREAS, the DoD has proposed that the Guam SHPO and others

5 enter into a Programmatic Agreement (PA), the execution and

6 implementation of which will evidence that the DoD has satisfied its Section

7 106 responsibilities, and has afforded the Signatories (including the Guam

8 SHPO) and Consulting Parties the opportunity to comment on the Military

9 Relocation and associated buildup activities, and their effects on historic

10 properties in the Area of Potential Effect (APE), and has taken into account the

11 direct, indirect and cumulative effects of the buildup to historic properties in

12 Guam and the CNMI ; and

13 WHEREAS, according to the draft PA, the DoD has determined that the

14 proposed Military Relocation and associated buildup activities will affect

15 historic properties, as defined by 36 CFR Sect 800.16(1); but that the effects on

16 historic properties cannot be fully determined prior to approval of the Military

17 Relocation and associated projects ; and

18

WHEREAS, the approval of the Relocation and associated buildup

19 activities is expected to occur on or about September 8, 2010 ; and

20 WHEREAS, according to the Draft PA, the DoD, as part of its Section

21 106 review, has determined the Area of Potential Effect (APE) for the direct

22 and indirect effects of over two hundred (200) projects based on the FEIS, and

2

1 that the APE for the cumulative effects on historic properties includes the

2 entire island of Guam and Tinian ; and

3

WHEREAS, the DoD has proposed by the Draft PA that the Guam

4 SHPO concur with the determination of the Adverse Effects to Historic

5 Properties; concur with the determination of No Historic Properties Affected ;

6 and concur with the determination of No Adverse Effects, for approximately

7 two hundred sixteen (216) separate buildup projects ; now, therefore, be it

8 RESOLVED, that I Mina'Trenta Na Liheslaturan Guahan (the 30th Guam

9 Legislature), on behalf of the people of Guam, and specifically the Chamorro

10 people whose use of historic or traditional cultural properties will be affected,

11 concurs that there are historic properties that will be affected by the military

12 buildup projects and that the cumulative affects to cultural resources will

13 encompass the entire island of Guam; and be it further

14 RESOLVED, that I Liheslaturan Guahan (the Guam Legislature) objects to

15 the execution of the Programmatic Agreement as proposed, and objects to the

16 adoption of the DoD determinations of No Historic Properties Affected and

17 No Adverse Effects without further consultation with the people of Guam ; and

18 be it further

19 RESOLVED, that I Liheslaturan Guahan (the Guam Legislature) does

20 request DoD and the ACHP require additional consultation with the Chamorro

21 people as to the determinations of adverse effects, the determination of

22 whether historic properties are affected, and the determination of the Area of

3

1 Potential Effect for each property listed in Appendix D to the Draft PA ; and be

2 it further

3 RESOLVED, that the Military Relocation and associated buildup

4 projects not be approved until these determinations and suitable mitigation

5 are agreed to by the people of Guam ; and be it further

6

RESOLVED, that I Liheslaturan Guahan (the Guam Legislature)

7 anticipates productive results and increased protection of historical and

8 cultural properties, consistent with the intent of NHPA, by increased

9 consultation prior to execution of this PA and prior to approval of the buildup

10 projects; and be it further

11 RESOLVED, that the Speaker and the Chairperson of the Committee on

12 Rules certify, and the Legislative Secretary attest to, the adoption hereof, and

13 that copies of the same be thereafter transmitted to all members of the

14 Advisory Council Historic Preservation, the DoD, JGPO, the Guam SHPO ;

15 and to the Honorable Felix P . Camacho, I Maga'lahen Guahan .

DULY AND REGULARLY ADOPTED BY THE COMMITTEE ON RULESOF I MINA'TRENTA NA LIHESLATURAN GUAHAN ON THIS DAYOF AUGUST, 2010.

BENJAMIN J. F. CRUZ

JUDITH T. GUTHERTZ, DPAActing Speaker

Acting Chairperson, Committee on Rules

TINA ROSE MUNA BARNESLegislative Secretary

5

The Guam Department of Parks & Recreation Mail - Letter of Support to GSHPO

Page 1 of 1

Letter of Support to GSHPOHope Cristobal < hope.cristobal@gmail .com>

Mon, Aug 30, 2010 at 4:17 AMTo : lynda .aguon@dpr.guam .govCc: Martha Duenas <martduenas@yahoo .com>, Erica Benton < notnebe@gmail .com>, Kerri Ann Borja<islandgirl671 @ gmail .com>, Rima Miles < rpm670@gmail .com>, Cecilia Mafnas < cmafnas@berkeley.edu>, Angela Tennison< tennisonangela@gmail .com >, Alexandria Tom <alexandria .v.tom@g mail . com >

Hafa Adai, Ms . Aguon,

In solidarity to you and the Guam State Historic Preservation Office, kindly accept our attached letter of support .

Si Yo'us Ma'ase,

Hope Cristobal, Psy .D .

Martha Baum-Duenas

Erica Benton

Kerri-Ann Borja

Cecilia Mafnas

Rima Ilarishigh Peter Miles

Angela Tennison

Alexandria Tom

We are Famoksaiyan - Bay Areahttp://famoksaiyanwc.worclpress.com /

Lynda Aguon Letter of Support .doc130K

Lynda B. Aguon < Iynda.aguon@dpr.guam.gov>

https ://mail .google.com/a/dpr .guam.gov/?ui=2&ik=9fl f58de2d&view=pt&search=inbox&msg=12abfl 13. . . 8/30/2010

August 29. 2010

Lynda B. Aguon. Division SupervisorGuam State Historic Preservation Office (GSHPO)490 Chalan PalasyoAgana Heights, 96910

Dear Ms. Aguon .

13 ilenas 1W? hafa alai from across the Pacific! By way of introduction, we are a group of Chamorus andRefaluwasch who live in the San Francisco Area . We continue to regard the Marianas as our home andremain abreast of the happenings there, most importantly, the Dept of Defense's EIS and its impact onGuarn . Our organization is called "Famoksaiyan ." Our name is an antigu word that translates to either"the place or time of nurturing" or "the time to paddle forward and move ahead ." Our group was foundedin 2006, and we are a grassroots network of activists, scholars, students, community leaders and artists whoseek to push a progressive political, economic and social agenda for Chamorus and their communities at thelocal, national and international levels, through the promotion of the work of decolonization andcultural/historical revitalization in politics, creative endeavors and our everyday interactions . Our effortshave resulted in numerous trips to the United Nations, academic conferences in our area, public educationabout Guam in the university and college campuses and within the Chamoru diaspora .

Ms. Aguon, we are writing this letter in support of the ultimate decision to keep all traditional and sacredlands in the hands of our Chamoru people, for the preservation of our culture and heritage . Mainly, we arewriting this letter to support your right as Guam's SIIPO to defer to a democratic process of holding apublic hearing regarding the Programmatic Agreement (PA) ; to invoke any provision under Section 106 ofthe National Historic Preservation Act (NI-IPA) that your Office deems necessary to maintain your purviewtender this Act; and to ultimately prevent the use of traditional and sacred lands by the Dept of Defense . Atthis point, we support your decision to refrain from signing the Programmatic Agreement until a publichearing is held .

We recognize the untoward pressure that you and your Office are currently experiencing from the DODand the military's JGPO . We want to let you know that there are people, even across the Pacific Ocean,that believe in the mission of the State Historic Preservation Officer and actions guaranteeing themaintenance and vitality of our people and our culture as your Oft -ice navigates through this crucial time inour people's history .

Sincerely,I sl

Hope Cristobal, Psy .D .Martha Baum-DuetasErica BentonKerri-Ann BoijaCecilia MafnasRima Ilarishigh Peter MilesAngela TennisonAlexandria Tone

Famoksaiyan - Bay Area

1812 Trinity Ave Ste . 114 Walnut Creek, CA 94596Phone : 808 . 372 .8289 E-Mail: «AddressBlock»Web : h ttp ://famoksaiyanwc .wordpress.com /

'~C'3+-~3~1-6SY' dRn9-sJ .~iiL-1U~5+-!r~~ry

The Guam Department of Parks & Recreation Mail - Comments on Pending PA on the Military Buildup

Page 1 of I

Comments on Pending PA on the Military Buildupdavelotz@ite.net <davelotz@ite .net>

Sun, Aug 29, 2010 at 8 :58 AMTo : Becky & Hiro <beckyandhiro@guam .net>, Clare Leon Guerrero <clare@guamlaw .net>, Darlene Moore <mars@teleguam .net>, JoeQuinata <jgpreservation@guam .net>, Lani Bordallo < lanibordallo@yahoo.com>, Larry Borja <Ibpreservation@guam .net>, Liza Provido<ptarchitects@teleguam .net>, Michael Makio < MMakio@traguam.com>, Rebecca Duenas < mrs.rduenas@hotmail .com>, Richard Olmo<geogarch@uguam .uog .edu>, Rosanna Barcinas <rbpreservation@guam .net>, Ruby Santos <rspreservation@guam .net>, Terry Brooks<tmb@guamlaw.net>, Tony Palomo < am_palomo@yahoo .com>, Lynda Aguon < lynda.aguon@dpr.guam.gov>Cc: Ed Feeley <ed .feely@gmail.com>

Just a few specific comments as follows :

1 . Appendix D appears to only be direct impacts during construction . Hasconsideration been made for impacts on adjacent or nearby culturalresources?

2. In Volume 2 of the FEIS, page 2-60 at the bottom is a statementregarding aviation training along random flight paths over Guam . Thisshould be considered as adverse audio and visual impacts to all thecultural resources of Guam .

3. Since a live fire training range is critical to the relocation of theMarines to Guam and Pagat is the prefered alternative, Pagat should not bea separate PA . It is essential to the entire buildup . Separating it out tobe dealt with later works to the advantage of the military in dealing withthe issue now .

4. Relocation of Route 15, funded by the Federal Highway Administration,in order to accomodate the firing range, which impacts Pagat, is a Section4(f) issue that needs to be addressed .

5. Does the PA address the land training components contained within the PA?

6. The issue of public access to recreational and cultural resources onDOD lands needs to be addressed . Pagat has been omitted . The only itemthat I can find is a mention to the Southern Mountains, Mount JumullongManglo, and Mount Lamlam. What about Ague? Also how about providing accessas mitigation to all sites as stated in the Guam Boonie Stompers DEIStestimony (attached) .

7. All cultural resource studies of area to be effected by the builduphave not been commpleted or made available to interested parties . Pagatbeing the most notable . Therefore, how can impacts be evaluated? This is asound justification to not sign .

8. Recommend that the Navy hold separate Section 106 hearings .

9. Do not be rushed or intimidated to sign .

Dave Lotz

Public access statement.doc29K

Lynda B. Aguon < lynda.aguon@dpr.guam.gov>

https ://mail .google.comlaldpr .guam.gov/?ui=2&ik=9fl f58de2d&view=pt&search=inbox&mse=l2abaed2 . . . 8/30/2010

JGPO c/o NAVFAC Pacific, Attention: GPMO258 Makalapa Drive, Suite 100Pearl Harbor, HI 96860-3134

Dear Sir/Madam :

Guam Boonie Stompers has reviewed the plans for the military buildup on the island of Guam andtherefore states, that as a mitigation measure for the use of large tracts of public land on the small island ofGuam, continued use of long existing traditional hiking trails and access routes and the granting ofrenewed public access to locations of cultural, historical, natural, and recreational value on the island shallbe assured . This is necessary to provide an opportunity for the people of Guam and our guests to learnabout the island's heritage and to engage in worthwhile outdoor recreation activities . Specific locationsthat we maintain shall remain open to public access include all of Pagat (including the Cave, Point, andVillage site), Lajuna, Ague Cove, Hilaan, Mount Lamlam, and the Southern Mountains . The locations forrenewed public access, as mitigation for limiting access of those destinations stated above, shall includeHaputo, Double Reef Beach, Orote Point, Alamagosa, Fena Caves, and Tarague . We further specify thatthis access be guaranteed in the Environmental Impact Statement Record of Decision .

Guam Boonie Stompers is a Guam non-profit corporation, composed of volunteers, that leadspublic hikes every Saturday to unique destinations on Guam . We are dedicated to the long term protectionand access of these areas on our island . Therefore, we are willing to work with the military to insurecompatibility of mission requirements, protection of natural and cultural resources, and public access .Public access shall be assured to the maximum extent feasible consistent with mission and resourceprotection requirements .

For areas to be acquired, such as Pagat, Lajuna, and Ague Cove, this mitigation should be a factorin the layout of the facilities . This is to prevent conflicts in future use . For example, a separate publicaccess road and parking area should be created, apart from the service roads for the firing ranges .

We also wish to state that others utilize these destinations including fishermen, hunters, crabbers,school classes, tour operators, and other groups and independent hikers. While we cannot represent theirspecific interests, we will state that they will have similar concerns and should be contacted and includedas part of any outreach and input measures .

Public access shall be clearly defined as a mitigation measure in the Environmental ImpactStatements Record of Decision . This document shall specify the dates and times for public access to eachsite . This information shall be permanently available to the public in resource plans, on web pages, andsignage posted where viewed by the general public. Access requirements should be at a minimum sixweekend days a month, all holidays, and six weekdays per month for all locations from 0600 to 1800 .

We are furthermore submitting petitions supporting our position that indicate broad public support .

Guam Boonie Stompers29 Dasco Court

Yigo, Guam 96929January 11, 2010

DAVID T. LOTZ, President