On Friday, Govendo extended the temporary restraining order he earlier imposed on the erection of power poles in the area.
He also heard oral testimonies of former Rep. Tina Sablan, and Suzanne Kindel, both members of the Friends of Marpi.
David Banes, a volunteer lawyer for the Friends of Marpi, submitted as evidence a letter from David Louter, PhD., chief of the cultural resources program of the U.S. Department of the Interior’s National Park Service for the Pacific West Region.
Attorney Wes Bogdan is Banes’ co-counsel.
In the letter, Louter said the National Park Service “agreed with the [Historical Preservation Office’s] suggestions that the project proponents consider using other technologies such as solar power or running power lines underground.”
“We expressed concern about the difficulty in measuring the cumulative effects, or incremental loss, these and other projects posed to the integrity of the [Marpi Point being a National Historic Landmark on Saipan] and its historic and cultural values,” Louter stated.
In Nov. 2009, Louter said the National Park Service agreed with the Historical Preservation Office’s assessment that the “construction of a civilian cemetery would not adversely affect the historic character” of the Marpi Point.
“The need for such documentation became more apparent in November 2010 when the HPO contacted the NPS regarding installation of power poles to the cemeteries. At that time, it was unclear how the project was funded and whether compliance with the National Environmental Policy Act had been completed, and whether consultation under Section 106 of the National Historic Preservation Act has been carried out, including consultation, public response, and consideration of alternatives,” Louter said.
He commended the Friends of Marpi, saying that “because of [their] inquiry, we are more aware of what the project entails than we were before, and look forward to keeping abreast of the situation as it unfolds.”
In an interview after the hearing late Friday afternoon, Assistant Attorney General Gilbert Birnbrich said it was the position of the CNMI government that it “complied with the requirements of Section 106 both for the cemetery and power poles being a one packaged project.”
In her testimony, Sablan said “there’s a much bigger plan of development for Marpi area that is not being open for public hearings.”
Sablan said this conclusion was based on the inquiries made by the Friends of Marpi and through her own investigation.
She noted the clearing of the unexploded ordnance and the homestead project in the Marpi area.
The proposed 2009 homestead did not push through because “there is no power source” in the area, Sablan quoted the Department of Public Lands as telling her.
Sablan said Friends of Marpi are not against developing Marpi, but are merely asking the CNMI government through the court to ensure the “highest degree of integrity” of the area as a declared national historical landmark, and to conduct public hearings, and provide comprehensive integrated planning as mandated by the Constitution.
Sablan said she was “shocked” by the explanation that about 42 power poles were to be erected to supply power to the Marpi cemeteries for “lights, restroom, and sprinklers.”
Sablan also asked for a comprehensive land use plan for Marpi area which she described as “a sanctuary.”
She said there was a “huge impact on her quality of life…[which was] seriously degraded” when she learned that power poles were being erected in the Marpi area.
Opposing counsels told Govendo they are open to resolve the matter. Brinbrich also said that the AGO will wait for the court ruling.
