Guam demands consultation on CNMI deep-sea mining lease

Guam Gov. Lourdes A. Leon Guerrero is demanding formal consultation before the federal government moves forward with a proposed deep-sea mineral lease sale off the CNMI, arguing that Guam was entitled to the same consultation opportunity afforded the Commonwealth.

In a Sept. 15 letter to U.S. Interior Secretary Doug Burgum and Marine Minerals Administration officials, Leon Guerrero said Guam qualifies as an “adjacent State” under federal regulations governing offshore mineral leasing and should have been formally consulted on the proposed CNMI Outer Continental Shelf Pacific Mineral Lease Sale, or PACM-2.

The governor pointed out that the proposed lease area is about 47 miles from Guam—closer than its 57-mile distance from Saipan—and said the federal environmental assessment itself anticipates potential impacts on ports, infrastructure, fisheries, air quality, and communities in Guam and the CNMI.

“Federal regulations carry the force of law,” Leon Guerrero wrote. “The leasing of seabed minerals is unprecedented, and that novelty makes careful, formal consultation all the more necessary to safeguard Guam’s environment, economy, and people.”

Leon Guerrero specifically cited 30 CFR § 580.16, arguing that the regulation requires the Proposed Leasing Notice to be provided to the governor of an adjacent state 60 days before publication of a final leasing notice so the governor can review and comment.

According to Leon Guerrero’s letter, the federal government announced the Proposed Leasing Notice on Aug. 17 and sent it to the CNMI governor for review and comment, but did not provide Guam the same opportunity.

She argued that both Guam and the CNMI meet the regulatory definition of an adjacent state. The governor said Guam could be affected even if the CNMI becomes the primary support base for mining because the two jurisdictions share interconnected waters and ecosystems.

Leon Guerrero also cited potential disruption to commercial and subsistence fisheries, strain on ports and transportation infrastructure, air-quality concerns, and environmental, socioeconomic, and cultural impacts.

The governor has now asked Interior to formally provide Guam with the Proposed Leasing Notice and give her administration the full 60-day review period before taking further administrative steps toward a possible lease sale.

“I acknowledge that the leasing of seabed minerals is unprecedented and oversights can, of course, occur,” Leon Guerrero wrote in closing. “But the novelty of this process is all the more reason to ensure careful consultation.”

The proposed PACM-2 lease sale is part of the federal government's consideration of commercial mineral development in federal waters off the CNMI. Leon Guerrero’s request does not challenge the CNMI’s consultation status; rather, she argues Guam should receive the same formal consultation because of its proximity to the proposed lease area and the potential effects on Guam.