Public Law 30-32 - An Act to add a new Subsection (f) to §75101, and to add a new §75121, all of Chapter 75 of Title 21, Guam Code Annotated, relative to the designation of lands for the cultivation of traditional herbal medicinal plants and the establishment of the Hatdin Åmot Chamorro

Felix P. Camacho Governor Michael W Cruz, M.D. Lieutenant Governor Honorable Judith T. Won Pat, Ed.D. Speaker I Mina' Trenta Na Liheslaturan Guahan 155 Hessler Place Hagatfi.a, Guam 96910 Dear Speaker Won Pat: 2 5 JUN 2009 Please find attached Bill No. 94 (COR), "AN ACT ADD A NEW SUBSECTION(f) TO §75101, AND TO ADD A NEW §75121 TO TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO THE DESIGNATION OF LANDS FOR THE CULTIVATION OF TRADITIONAL HERBAL MEDICINAL PLANTS AND THE ESTABLISHMENT OF THE 'HATDIN AMOT CHAMORRO'," which I have signed into law as Public Law 30-32. I support the preservation of our cultural heritage and the traditional art of the suruhanus and suruhanas and their use of native plants for healing. Most potent herbal plants for medicinal purposes can only be grown in their natural environment, and may not easily be cultivated in gardens or farms. Several plant species are found in swamp lands and areas of high humidity and moisture content in the soil. While the Chamorro Land Trust may have lands in their inventory that might be ecologically conducive for traditional herbal medicinal plants, the Department of Land Management requires a half acre for agricultural subdivisions. Bill No. 94 provides for a quarter acre for the purpose of cultivating herbal plants. As such, the legislation conflicts with existing law and would need to be amended in order to be implemented as intended. Sinseru yan Magahet, MICHAEL W. CRUZ, M.D. I Maga 'lahen Guahan, para pa 'go Acting Governor of Guam cc: All Senators I MINA'TRENTA NA LIHESLATURAN GllAflA.N 2009 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAffAN This is to certify that Bill No. 94 (COR), "AN ACT TO ADD A NEW SUBSECTION (f) TO §75101, AND TO ADD A NEW §75121 TO TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO THE DESIGNATION OF LANDS FOR THE CULTIVATION OF TRADITIONAL HERBAL MEDICINAL PLANTS AND THE ESTABLISHMENT OF THE 'HATDIN A.MOT CHAMORRO'," was on the 29th day of May 2009, duly and regularly passed. Leg1s ~a Barnes e Secretary Judith T. Won Pat, Ed. D. Speaker This Act was received by I Maga'lahen Gudhan this 4 day of ~unt-- 2009, at 0~ o'clock A .M. APPROVED: ., t-~., ltKE W. CRUZ, ~L GO'tBIN0ff ~ Gu#! ACTINli Date: 1 6 ,!!!~, 9,. ---~;,+-, -w+,,,~1qr Public Law No. 30-JZ Assis Officer Ma Office I MINA 'TRENTA NA LIHESLATURAN GUAHAN 2009 (FIRST) Regular Session Bill No. 94 (COR) As amended on the Floor. Introduced by: v. c. pangelinan Judith T. Won Pat, Ed. D. T. R. Mufia Barnes Ray Tenorio Telo Taitague T. C. Ada F. B. Aguon, Jr. F. F. Blas, Jr. B. J.F. Cruz E. J.B. Calvo J. V. Espaldon Judith P. Guthertz, DPA Adolpho B. Palacios, Sr. M. J. Rector R. J. Respicio AN ACT TO ADD A NEW SUBSECTION (t) TO §75101, AND TO ADD A NEW §75121, ALL OF CHAPTER 75 OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO THE DESIGNATION OF LANDS FOR THE CULTIVATION OF TRADITIONAL HERBAL MEDICINAL PLANTS AND THE ESTABLISHMENT OF THE "HATDIN AMOT CHAMORRO". 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 development has continually eroded the native habitat of plants which are used by 4 our Suruhanas and Suruhanus for the production of the medicines in the practice of 5 their healing art. Without intervention, these increasingly rare plants will 1 1 eventually become extinct and along with it, the most treasured formulas of native 2 Chamorro medicines. 3 I Liheslaturan Guahan further finds one must devote many years 4 apprenticing under a traditional Suruhana or Suruhanu learning different varieties 5 of plants and their medicinal properties. During their training, they must acquire 6 the knowledge of the seasons and the location where each variety of herbs 7 germinates. 8 I Liheslaturan Guahan intends to reserve suitable land and make it available 9 to interested individuals or organizations for the cultivation of plants used by 10 Suruhanu 's in the production of their herbal medicines. One ( 1) parcel shall be 11 made available in the northern part of the island and a second parcel to be located 12 in the southern part of the island, which are suitable for cultivation. These parcels 13 shall be designated as "Hatdin Arnot Chamorro". 14 Section 2. A new subsection (f) of §75101, Chapter 75, Title 21, Guam 15 Code Annotated, is hereby added to read: 16 "(f) The term Suruhana or Suruhanu means a publicly recognized 17 individual who heals through massage and the use of traditional Chamorro 18 remedies that include the use of roots, leaves, bark, plants, and grass and 19 incorporates the cultural healing process." 20 Section 3. A new §75121 of Chapter 75, Title 21, Guam Code Annotated, 21 is hereby added to read: 22 "§75121. The Establishment of 'Hatdin Amot Chamorro': (a) The 23 Chamorro Land Trust Commission, in consultation with the Department of 24 Agriculture and the UOG Cooperative Extension Service, shall identify 25 suitable land; and the Chamorro Land Trust Commission shall designate and 26 make available two (2) tracts of land of approximately four thousand ( 4000) 27 square meters each, one (1) in the northern part of the island, and one (1) in 2 1 the southern part of the island, for the purpose of cultivating herbal plants 2 and establishing a Hatdin Arnot Chamorro. The Chamorro Land Trust 3 Commission shall divide the designated tracts into four ( 4) parcels or into 4 parcels of one hundred (100) feet by one hundred (100) feet, with access to 5 each lot, for the establishment of the 'Hatdin Arnot Chamorro'. 6 (b) The Chamorro Land Trust Commission is hereby directed to 7 establish the criteria, application, and operational procedures of the Hatdin 8 Arnot Chamorro. An applicant must submit a proposal for the usage of the 9 parceled lot and a list of plants to be cultivated. To qualify to use a parcel of 10 the Hatdin Amat Chamorro, the applicant must be an individual eligible for 11 residential lease of Chamorro Land Trust land, and either: 12 (1) A member or officer of a non-profit organization 13 registered with the Department of Revenue and Taxation, whose 14 Charter includes the advancement of Chamorro traditional healing or 15 medicine, or the advancement of Chamorro heritage and culture; or 16 (2) Must be a Suruhana or Suruhanu, or an apprentice, or 17 student of traditional Chamorro medicines. 18 Preference shall be given to an applicant who meets more than one (1) 19 of the qualifications above." 20 Section 4. Rules and Regulations. Upon enactment of this Act, the 21 Chamorro Land Trust Commission shall have one hundred eighty ( 180) days to 22 promulgate rules and regulations for the "Hatdin Amat Chamorro" pursuant to the 23 Administrative Adjudication Law. The CLTC shall form a task force consisting, at 24 a minimum, of representatives from the Department of Agriculture, the 25 Department of Chamorro Affairs, and the UOG Cooperative Extension Service to 26 develop the rules and regulations. 27 Section 5. Severability. If any of the prov1s10ns of this Act or the 3 1 application thereof to any person or circumstance is held invalid, such invalidity 2 shall not affect any other provision or application of this Act which can be given 3 effect without the invalid provision or application, and to this end the provisions of 4 this Act are severable. 4