Wage protections will apply to Guam buildup contractors' workers

PACIFIC DAILY NEWS • NEWS@GUAMPDN.COM

The fiscal 2010 defense spending bill, as approved by a House-Senate conference committee yesterday, would extend the Davis-Bacon wage protections to all military construction projects on Guam.

Under the Davis-Bacon Act, federal contractors and subcontractors must pay their laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area, according to the U.S. Labor Department. The Davis-Bacon Act directs the U.S. Department of Labor to determine such locally prevailing wage rates, according to the federal Labor Department.

The federal law also requires federal contractors to pay workers weekly.

Bordallo’s office states the defense spending bill, as agreed upon by the House-Senate conference committee, would require contractors performing work on military construction projects on Guam to develop a recruitment plan that is submitted to the U.S. Department of Labor that details their efforts to hire local and other U.S. citizens and nationals.

It also requires that the contractors submit a follow-up report that details why any U.S. citizen or national was not hired for a specific project, according to Bordallo’s office.

The bill maintains the governor of Guam's ability to certify the need for H-2B workers, but he must submit an additional certification to the Secretary of Defense for military construction projects only.

Buildup Bump: Guam Lawmakers Take Aim As Feds Rush Environmental Impact Process

By Jeff Marchesseault - http://guamnewsfactor.com

GUAM - News Monday that the public would have a mere 45 days to respond to a complex 8,000-page Environmental Impact Statement (EIS) on the island's massive military buildup has at least two local lawmakers scrambling to make up for lost time.

After taking a moment to shake off their initial 'shock' and frustration, Vice Speaker BJ Cruz and Military Buildup Chairperson Judi Guthertz are getting the word out that the 30th Legislature isn't about to be bowled over in a rush to comply with minimum environmental standards at the risk of overlooking legitimate local developmental concerns.

Straining Out Gnats, Swallowing Camels

In a radio interview with Newstalk K57 Breakfast Show Host Ray Gibson on Tuesday morning, Cruz said there was no way he could read, let alone understand, 8,000 pages of abstruse, federal officialese inside a month and a half. The Vice Speaker insisted that before local lawmakers can be expected to get up to speed and contribute meaningfully to the conversation, federal officials must provide funding for the legislature so senators can hire a qualified consultancy to wade through the Sanskrit, interpret federal findings, and, presumably, make recommendations that advance the interests of Guam's residents.

Getting To The Bottom Of It

In an October 7th request for help addressed to key divisions of the U.S. Departments of Interior and Defense, Guthertz' (who has consistently fought for a buildup that benefits Guam while meeting the Pentagon's regional objectives) tells Interior Assistant Secretary for Insular Areas Tony Babauta and DOD/Office of Economic Adjustment Program Manager Gary Kubarawa that the Joint Guam Program Office (JGPO) briefed local senators on Monday regarding the status of environmental impact studies.

And she explains that JGPO "informed us that the draft EIS will be released to the public on November 20, 2009, triggering a 45 day window for public comment. It will be ten volumes and run about 8,000 pages."

A Damper On The Holiday Cheer

Dousing in a dose of reality, Cruz asked K57's Gibson point-blank, "do you know how much work gets done on Guam between November 20 and January 5?" Cruz explained that Guam shifts into holiday mode before Thanksgiving straight through the New Year and insinuated that the federal M.O. on the buildup borders on conspiracy.

At this point, push has come to shove. Ten volumes in 45 days feels an awful lot like a force feeding -- especially at a time when everyone needs a little extra room for cranberry sauce and pumpkin pie.

In her letter to Assistant Secretary Babauta and OEA's Kuwabara, Guthertz asserts that although the Office of the Governor may have the resources it needs to respond to the EIS, the Legislature is sorely lacking similar information and funding:

"We think that our Governor intends to use funds provided by the Office of Economic Adjustment (OEA) to provide expertise for his review and comment on the draft EIS. However, the Legislature will not have access to those funds."

So, who within the territory might these national authorities want to talk to next?

Clue: On Guam They Make The Rules And Divvy Up The Cash

Although federal officials may be forgiven for their tendency to deal at the executive-to-executive level, the reality is this. The sooner the Department of Defense and representatives of the Obama Administration begin engaging Guam's legislative branch of government, the sooner our local lawmakers will be enabled to act in the spirit of Guthertz' win-win buildup philosophy.

Given its policymaking and appropriation authority, the Guam Legislature is a critical component to the military buildup. A project of this scale and magnitude will require a great deal of legislative input and flexibility -- from the development of port, road, utility and facilities infrastructure to the expansion of social programs -- in order to support a ballooning population, regulate the economy and handle exponential new loads of vehicular traffic.

Think of Guam as a mid-level American municipality. And say you're playing a computer-simulated game of 'community development'. You wouldn't foist a $15 billion federal master plan (the Guam Buildup) on the city council (the Guam Legislature) without their input -- would you?

We've said it before here at the Factor. And we'll say it again. A buildup that is good for the military must also be good for Guam. It's hard to coexist peacefully without mutual respect for one another's needs. Especially when two groups must coexist within a remote island not much bigger than a couple of hundred square miles.

The Rising Action

To expedite buildup matters on the homefront, Senator Guthertz has called an October 15th oversight hearing on "Draft EIS input" and "Military Build-up Funds from All Sources" and is asking pertinent GovGuam agency heads and experts to attend and to update the Legislature on their individual input and comments on sections of the federal government's draft EIS.

John Dela Rosa contributed to this report.

Here is a media release from Senator Guthertz' office updating voters on her response to the draft EIS -- and the tight timeline to respond:

Oversight Hearing On Draft EIS Is Now Set

Senator Guthertz Seeks Expert Assistance And Demands "Full Disclosure" On Draft EIS And Buildup Funding

Hagåtña - Senator Judi P. Guthertz has scheduled an Oversight Hearing to gather details on the Administration's input regarding the draft Environmental Impact Statement (EIS) presented by the Joint Guam Program Office (JGPO).

Sen. Guthertz also wrote to Assistant Secretary of the Interior Tony Babauta and Mr. Gary Kuwabara from the Office of Economic Adjustment seeking assistance in acquiring an expert to help the Committee on the Guam Military Buildup and Homeland Security with digesting the technical points of the Environmental Impact Statement in its working and final form.

"We haven't time to waste, the more information we learn about regarding the EIS for the buildup the better. Knowledge of what is contained in the EIS will aid us in formulating policy and planning for our people," explained Sen. Guthertz. "The military buildup is too vast a program to compartmentalize."

The lawmaker added, "It is all about transparency, accountability and preparedness. The Committee has committed to these tenets and will endeavor to hold the federal government and our local agencies including the Administration to the same. It just makes sense to keep

our people informed and aware."

As well, Sen. Guthertz will query the Governor's office on all funding received from the federal government in support of the military buildup on Guam. In late July, the senator advised the governor's office to be prepared for an Oversight Hearing on all military buildup

funding.

The Oversight Hearing is scheduled on Thursday, October 15, 2009 at 9:00 a.m. at the Public Hearing Room of the Guam Legislature.

Click here to read Senator Guthertz' letter to Assistant Secretary of the Interior for Insular Areas Tony Babauta and Office of Economic Adjustment staffer Gary Kuwabara.

Click here to read Senator Guthertz' letter to Guam Governor Felix Camacho.

JIGPO Briefs Lawmakers On Military Buildup EIS

Guam - Guam lawmakers were briefed on the military’s buildup environmental impact concerns Monday.

The sum result of the meeting was that members of the island community should have more to say about the EIS.

With long announced plans to officially break ground for the first phase of the Guam military buildup set for early 2010, a variety of government and military environmental experts as well as consultants have been putting together the environmental impact assessment required by both federal law and the planning process. However, it was only today that the Joint Guam Program Office shared details of what was being found and how it might affect the final shape of the $15 billion buildup and its impact on ordinary Guam citizens.

“It’s the first solid information we’ve had on the EIS,” said Senator Judi P. Guthertz. At a legislative briefing with more than half the senators represented, JGPO’s John Jackson, Director, JGPO (Forward), was grilled by legislators eager for information and unhappy with the short amount of time that the public will have to comment on the EIS.

Presented to the lawmakers was the outline of a ten volume document that is expected to be thousands of pages long. JGPO said that the draft of the EIS would be out on November 20th. At that time the public and other interested parties would have just 45 days to offer further comments or objections.

Some material from the preliminary report already suggests impacts on non-military Guam residents: Plans are to drill deep wells to ensure water supplies on base. On the other hand, the military expects to pay part of the costs of expanding the northern GovGuam sewage treatment plant to cover its expanded requirements.

Access to information about the military buildup has been a source of frustration in local government circles. While some government agencies have received copies of EIS drafts, the most recent version apparently did not go to the governor’s office. On the other hand, governor’s staffers who were not provided with copies have been invited to a session in Hawaii later this week to help drafters of the EIS review it.

In the short run, senators were most unhappy about the limited time they’ll have to review the EIS. Senator Matt Rector complained, “We’ve got no expertise to analyze an EIS…There’s no way in hell we can do this in 45 days…” Senator Guthertz agreed, but promised, “I’ll go through the EIS word by word.”

Guthertz urged that all citizens and particularly government officials with environmental expertise be prepared to lend a hand to review of the EIS, which she said is “vital” to the future of everyone making their home on Guam.

[Present at the EIS briefing were: Senators Guthertz, Speaker Won Pat, Senator Ada, Senator Pangelinan, Telo Taitague, Matt Rector; Senators Cruz, Palacios and Respicio were represented by staff]. Pacific News Center