By: Eustoria Marie Borja
Ngaraard, Palau – Governor Sharp Sakuma and the leadership of Ngaraard State has firmly opposed the recent decision by the Environmental Quality Protection Board (EQPB) to approve the earthmoving permit for the TACMOR Project, citing the state’s legal authority under NSPL No. 7-24 to reject the permit. In a letter dated September 23, 2024, Governor Sakuma called out EQPB for disregarding the concerns of Ngaraard and its neighboring states, urging the board to rescind its approval and engage in dialogue with local leadership.
Ngaraard, Palau – asserting his legal authority under state law to reject the permit. In a letter dated September 23, 2024, the Governor criticized EQPB for its negligence and failure to adequately represent the interests of the Palauan people and communities
In his letter addressed to Chairman Yamada of the EQPB, Governor Sakuma expressed deep disappointment with EQPB’s handling of the issue. He referenced a prior letter received from EQPB on September 20, 2024, noting their refusal to address the state’s concerns. “We are truly disappointed in your disregard towards our issues and concerns,” Sakuma wrote. “For this reason, we would like to demonstrate clearly our efforts in trying to meet with your office and discuss our concerns and efforts to better understand the potential wide impact this project may subject our land, our ocean, and, more importantly, the lives of the Ngaraard people and communities.”
Sakuma further emphasized that the project not only affects Ngaraard but also poses risks to neighboring states, including Ngarchelong and Ngardmau. He outlined a timeline of the state’s efforts to engage with EQPB, dating back to a March 22, 2024 letter in which Ngaraard’s leadership requested EQPB to refrain from approving the final EIS until all deficiencies had been addressed and the state had secured technical expertise to evaluate the project’s impact on the environment, social and cultural fabric, and the local economy.
Lack of Response from EQPB
Ngaraard State’s requests for meetings with EQPB were met with silence, despite multiple attempts to engage in dialogue. Governor Sakuma detailed the state’s efforts to meet with EQPB in the months following the March 22 letter. A response from EQPB on April 2, 2024, stated that EQPB had “no jurisdiction or authority to act independently in this complex situation,” which Sakuma described as a contradictory statement given EQPB’s regulatory mandate to safeguard Palau’s environment. This response from EQPB, according to Sakuma, failed to address the pressing environmental and social concerns raised by Ngaraard State.
A follow-up letter was sent by the Governor’s office on April 3, 2024, requesting an urgent meeting to clarify concerns before any final decisions were made. A further letter, dated August 27, 2024, was again sent to EQPB, asking for a meeting to address the identified deficiencies in the EIS and respond to leadership concerns. Despite these efforts, EQPB did not respond, nor did they acknowledge repeated phone calls made by the Governor’s office to arrange a meeting.
Instead, on September 20, 2024, EQPB informed Ngaraard State that a final action had been taken, and the earthmoving permit for the TACMOR Project had been approved. This decision, according to Governor Sakuma, was made without due consideration of Ngaraard’s objections or the potential negative consequences the project could have on the environment and local communities.
“To this end, we feel that EQPB has been the most negligent and failed to represent the interests of the Palauan people and communities,” Sakuma stated.
Environmental and Legal Concerns
Governor Sakuma reiterated his legal authority under NSPL No. 7-24, which mandates that all construction projects in Ngaraard obtain a building permit from the state. The law grants the Governor ultimate authority to reject or conditionally approve permits to ensure compliance with environmental and social safeguards. The Dugong Habitat Protection Act (NSPL No. 11-12) further protects the seagrass habitats in Ngaraard’s waters, which serve as feeding grounds for the endangered dugong species under Palau’s National Endangered Species Act of 1975 (24 PNC 1004).
A key concern raised by the Governor is the potential environmental impact of the project’s proposed water desalination process. The discharge of concentrated brine—at levels 50% higher than ambient seawater—poses a significant hazard to marine and underground ecosystems. This discharge could harm benthic organisms, corals, seagrasses, and local fisheries, and affect water quality. These risks, according to Sakuma, were not adequately addressed in the final EIS, which placed the responsibility for designing the discharge system solely on EQPB without further review.
Call for Technical Assistance and Meeting
Governor Sakuma concluded the letter by requesting that EQPB rescind its approval of the TACMOR Project and engage in a meeting with Ngaraard’s leadership to discuss the best way forward. He also reaffirmed Ngaraard State’s request for technical assistance from the U.S. federal government, including the Department of Defense’s Office of Economic Adjustment and the U.S. Department of the Interior’s Office of Insular Affairs. Ngaraard seeks funding under the Technical Assistance Program (TAP) to address the deficiencies in the EIS and conduct a comprehensive study of the project’s environmental and social impacts.
The Governor highlighted the U.S. Department of the Interior’s Technical Assistance Program (TAP), which provides resources to local governments in insular areas for project assessments. He noted that similar TAP funding has been provided in the past to both the CNMI ($498,225 in FY2020) and Guam ($2.9 million) to engage in technical reviews of EIS documents related to U.S. military activities. Furthermore, in 2023, the U.S. Army Corps of Engineers received $158,000 in TAP funding to assist Palau’s national government in assessing the Ngerimel Dam and Reservoir. Sakuma emphasized that this type of coordination is crucial to ensuring that Palau’s development projects do not impose environmental degradation, health risks, or cultural losses.
“We respectfully request that you rescind your approval and meet with the leadership and people of Ngaraard so we can find a way forward,” Sakuma wrote. “Until this meeting happens, please know that Ngaraard State, under its own state public law, has the final say on state clearances for the project to move forward.”
The Governor’s letter, co-signed by Ngaraard’s Council of Chiefs, reflects a unified stance from Ngaraard’s leadership in demanding that EQPB reverse its decision and work collaboratively to safeguard Palau’s natural resources and the well-being of its citizens.