A faster path for military buildup raises questions about transparency

A draft agreement shaping how the military builds on Guam is raising a deeper question: what happens when progress and preservation collide?

On paper, it’s a process document.

But for Guam, the 2025 Draft Programmatic Agreement between Joint Region Marianas and the Guam State Historic Preservation Office is about something far more personal – how development moves forward on land layered with history. The PA sets the framework for how military projects are reviewed under federal law --  from construction and roadwork to dredging and future land use.

Its goal is streamlining the federal review process so projects can move faster, but inside that efficiency are tradeoffs. Military-occupied land is divided into “sensitivity zones” – ranking areas by their likelihood of containing cultural artifacts or archaeological resources.

In higher sensitivity areas, projects face stricter review. In lower ones, work could move forward with limited oversight – sometimes with as little as 72 hours notice. Supporters say the PA creates consistency, critics say it creates risk. Because ultimately, this system determines how much protection a site receives before it’s disturbed.

SHPO still reviews projects, but under tighter timelines of just 30 days. If no response from SHPO is received, projects can proceed.

Senator Shelly Calvo questioned during Wednesday's oversight hearing of SHPO whether that process leaves enough room for meaningful consultation. She stated,  “The question is whether this very agreement reflects the full measure of our responsibility to the people of Guam.”

The stakes become even clearer when the ground is disturbed and something is found.

If human remains are uncovered, work stops. But if preservation in place “isn’t possible”, the agreement allows for excavation and removal.

The agreement also outlines access to cultural sites on military land. Access is allowed – but controlled, requiring approval and subject to security limits. Environmental concerns add to the conversation – especially as construction and dredging intersect with ecosystems tied to traditional practices.

Still, SHPO officer Patrick Lujan says the agreement improves coordination across military installations and local government. “This PA allows consistency across installations. Otherwise, each of the bases will be operating independently on their projects. This also gives our office a threshold to hold installations to consistent standards for archaeological treatment," he said.

And he stresses it’s still a draft.

Public feedback has already led to proposed changes, including stronger notice requirements and added consideration for traditional cultural properties.

Some experts support the framework – but with caution, as archaeologist Dr. John Peterson explained, “This PA tool needs to constantly tested and re-examined, and that is why a new one is being proposed to replace the 2008 PA.”

Senator Sabina Perez also raised concerns about scope – whether the agreement casts too wide a net over department of defense activities without clearly identifying specific projects upfront. She said,“So this scope is really concerning because we now have a streamlined document that's going to potentially cover any activity, which we don't get to determine that it's a dod undertaking.”

SHPO, however, points to the PA's 105-day public comment period as evidence of transparency.

But beyond timelines and technical language, this debate is about balance between efficiency and oversight, between federal authority and local voice, and between development and the preservation of identity rooted in the land itself.

For now, that balance is still being negotiated.