April 21, 2008 — Taking the federal government to court may be the only way to get some 30,000 acres of submerged lands off St. John and St. Croix back under local control, senators said during Monday's full Senate session.
The lands were transferred via a 2000 executive order, and have since been used as underwater monuments under a federal initiative designed to protect local coral reefs, several V.I. fishermen said during a recent Rules and Judiciary Committee meeting. The only thing the monuments have produced, however, is limited access to V.I. fishing grounds and the near extinction of local fishermen, they argued.
In the Submerged Lands Act of 1974, the federal government "vested its rights to own and control the lands used to create the (St. John) monument in the V.I. government," said Winston Brathwaite said, legal counsel for the Coastal Zone Management Division of the Department of Planning and Natural Resources. At the Rules Committee meeting, Brathwaite said he would discuss the issue with DPNR Commissioner Robert Mathes to determine what legal action the government can take to ensure that the land is returned to local control.
Senators took their own action Monday by passing a resolution petitioning Congress to rescind the order — issued by former President Bill Clinton — transferring the submerged lands to the federal government. Though support for the bill was unanimous, many senators questioned whether the petition would "even be acknowledged" as it makes its way up the federal chain of command for consideration.
"If we're serious about this, then let's file the lawsuit and get it on," said Sen. Carlton "Ital" Dowe. "Let's go into the arena and try to sell our case."
While the discussion turned toward the need for the territory to come up with a constitution of its own to cut out the "tedious" process of petitioning Congress, other senators said the bill highlights the need for a change in the White House, with the election of Sen. Barack Obama as president.
"Not once in her eight years as senator did Hilary Clinton make a move to get this thing rescinded," said Sen. Shawn-Michael Malone.
Similar discussion surrounded another resolution petitioning Congress to turn over 34.5 acres of land in Estate Bordeaux, which is currently under the control of the U.S. Department of Housing and Urban Development (HUD).
"When Hurricane Marilyn came here … we gave the federal government some 34 acres for $1 to subsidize public housing for people in the territory," Dowe said. "These units were supposed to house people who were displaced from other housing communities, and of course, the federal government to date has not knocked a nail. It is clear that they have no interest in public housing in the Virgin Islands."
The resolution passed unanimously, along with another bill commending the Alpha Kappa Alpha Sorority on its 100th anniversary and celebrating the 30th anniversary of the Mu Gamma Omega Chapter on St. Croix.
Present during Monday's session were Sens. Liston Davis, Dowe, Juan Figueroa-Serville, Neville James, Norman Jn Baptiste, Malone, Terrence "Positive" Nelson, Basil Ottley Jr., Usie R. Richards, Ronald E. Russell, James Weber III, Carmen M. Wesselhoft, Celestino A. White Sr. and Alvin L. Williams.
Sen. Louis P. Hill was absent.
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