Lawmakers probe transparency gaps in Draft Programmatic Agreement

Lawmakers at the oversight hearing of the Guam State Historic Preservation Office dug deeper into concerns over transparency, public input, and who ultimately shapes decisions under the proposed 2025 Draft Programmatic Agreement.

In the second-=half of the oversight hearing discussing the 2025 Draft Programmatic Agreement between Joint Region Marianas and the Guam State Historic Preservation Office, lawmakers zeroed in on transparency and control. Senator Sabina Perez argued the draft agreement acts as a broad umbrella – covering nearly all department of defense projects, without clearly identifying what those projects are.

She pointed to missing details in key appendices, including landholdings and archaeological maps – saying the public is being asked to weigh-in without the full picture. “It’s a hollow agreement," she stated.

SHPO division supervisor Patrick Lujan stated the reality is they don’t know what projects are coming, either. Instead, the agreement relies on a growing archaeological sensitivity map designed to guide decisions as projects arise.

Lujan added that the map is a major improvement from the 2008 PA, as its built on nearly 20 years of field data, not just projections. In addition, efforts are underway to improve transparency through a public-facing website to regularly post federal projects.

Archaeologist Dr. John Peterson added that making those maps accessible could help communities contribute their own knowledge of cultural sites.  While Senator Christopher Dueñas suggested abandoning the PA now could mean losing progress, Senator Chris Barnett stated the bigger issue is it's drafting process.

While public comment was allowed, community voices were largely absent during the drafting phase. Barnett said, “So, we hear all too often from our constituents as we go through comment period after comment period that their comments really fall on deaf ears.”

He says restarting the process – with broader community involvement – could lead to a stronger agreement.

Lujan disagreed – saying revisions can be made without starting from scratch, noting, “I think i have a good product already and we’re open to suggestions, we’re taking them, and we’re adjusting accordingly.”

He shared the agreement could also bring federal investment back into Guam – supporting local archaeologists, strengthening preservation systems, and expanding access to cultural sites. For him, it’s part of a broader effort to ensure the work is not just done on Guam, but increasingly, by Guam.

But not willing to stand down, Senator Perez says the risk of allow some projects to move forward before full cultural reviews are complete is a no-go.

She pointed to past development at the Camp Blaz firing range – where historic sites were lost – as a reminder of what’s at stake. “You know, we saw with the firing range there were 14 known historic sites removed completely, 80 other known historic eligible sites," she said.

Perez added, “That was a result of a PA, and if we’re saying PAs are here to protect our historic sites, that is a result of a PA.”

shpo maintains that higher-risk areas will still require consultation. And Lujan also stressed there is no rush to sign, leaving time for public comments to be implemented in the draft.

A roundtable discussion to further dig into the PA is expected to take place within the next two weeks.

And though the public comment period on the draft ends today, Lujan says SHPO will continue taking your comments in preparation for the the roundtable.