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Residents of U.S. Virgin Islands and Guam Contest Unfair Overseas Voting Laws at the Ninth Circuit Court

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Inhabitants of the U.S. Virgin Islands, Guam, and additional territories are intensifying their battle against what they perceive as prejudiced federal and state overseas voting statutes. The ongoing Borja v. Nago case, presented to the U.S. Court of Appeals for the Ninth Circuit, is a pivotal development in this struggle, seeking to contest these controversial laws.

This week witnessed the plaintiffs imploring the court to oppose the stance of the U.S. Justice Department, which contends that voting does not constitute a “fundamental right” for inhabitants of U.S. territories. According to the Justice Department, residents of these territories can exercise their voting rights for the presidential election through absentee ballots in their last state of residence, provided they live in a foreign country or the Northern Mariana Islands. However, this privilege is not granted to those residing in areas such as Guam or the U.S. Virgin Islands.

Moreover, the Justice Department maintains that, should these laws be ruled unconstitutional, the federal government would still be shielded from legal actions. They propose that states, like Hawaii, have the capability to rectify any damages caused by federal discrimination. The department also implies that revoking overseas voting rights in the Northern Mariana Islands might be a more suitable solution than granting equal rights universally.

Neil Weare, the co-director of Right to Democracy, voiced his disillusionment with the Justice Department’s perspective, stating, “The federal government’s ongoing efforts to undermine democracy, self-governance, and political influence in U.S. territories is deeply troubling.” He stressed the indispensability of voting rights, regardless of one’s domicile.

Parker Rider-Longmaid, the legal representative for the Borja plaintiffs, rebuked the Justice Department for defending such a discriminatory federal statute, emphasizing that it is the duty of the federal government to redress the inequalities induced by the law.

In the previous year, a Hawaii district court dismissed a challenge to these laws. Current rules allow residents of states, including Hawaii, who relocate to foreign countries or the Northern Mariana Islands, to retain their presidential voting rights via absentee ballots. Unfortunately, this right is not afforded to those moving to Guam, the U.S. Virgin Islands, or other territories.

The case is currently in the queue for oral arguments in the Ninth Circuit, expected to be scheduled early in the forthcoming year.

In relation to this legal confrontation, Right to Democracy has launched a Territories Art Competition for adolescents between the ages of 12 and 17. The competition encourages participants to illustrate their perceptions of democracy through various mediums such as visual arts, prose, or music. Winners from each territory will be recognized and awarded. The deadline for submissions is October 10, 2023.

Neil Weare aspires for the youth in each territory to utilize this opportunity to articulate their democratic viewpoints, despite the Justice Department’s persistent denial of such rights in U.S. territories.

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$133 Million FEMA Grant Secured for Julius E. Sprauve School Reconstruction

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Governor Albert Bryan and Congresswoman Stacey Plaskett have proudly announced the allocation of a substantial $133 million federal grant from FEMA for the rebuilding of Julius E. Sprauve School on St. John. This funding is a significant step forward in the post-hurricane reconstruction efforts of the Virgin Islands, following the devastation caused by Hurricanes Irma and Maria.

Governor Bryan hailed this funding as a landmark moment in the evolution of St. John’s educational landscape. He emphasized that this grant will facilitate the creation of a modern educational facility, representing a robust commitment to the island’s youth and the overall resilience of the Virgin Islands.

Congresswoman Plaskett underscored the timely nature of this grant, which is instrumental in the construction of a much-needed K-12 school on St. John. She noted the funding’s adherence to the prudent replacement standard, essential for bolstering disaster preparedness and resilience. “The legislative changes I helped enact enable FEMA to rebuild essential infrastructure like Julius Sprauve School, incorporating resilient design and up-to-date building standards, despite the pre-hurricane conditions in the Virgin Islands,” she remarked.

The future site of the new school, however, remains uncertain, pending a land swap deal. This deal involves exchanging a parcel of land in Estate Catherineberg, currently under the National Park Service, for Whistling Island, also known as Whistling Cay. The agreement faced a setback after senators rejected an amendment proposed by Senator Angel Bolques Jr. in Act 8741, which sought to ensure public access to Fungi Passage at Whistling Kay. The amendment was voted down, leaving the fate of the land swap unresolved.

Ms. Plaskett praised Governor Bryan and his team for their diligence in securing a grant that comprehensively addresses community needs and accurately reflects the extent of damage caused by the storms.

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FEMA Allocates $460 Million for Comprehensive Rebuilding of Two USVI Schools

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In a significant announcement on Thursday, V.I. Delegate to Congress Stacey Plaskett revealed that the Federal Emergency Management Agency (FEMA) has allocated substantial funds for the rebuilding of two schools in the U.S. Virgin Islands, devastated by Hurricanes Irma and Maria.

The funding includes a $140 million grant for the Claude O. Markoe Elementary School in St. Croix and an even more substantial $324.3 million for the Addelita Cancryn Junior High School in St. Thomas.

This announcement marks a key development in the reconstruction efforts, confirming the substantial financial commitment from FEMA for these critical projects. The designated funds will cover the full demolition and reconstruction of both educational institutions, which sustained significant damage from the hurricanes.

Congresswoman Plaskett emphasized the importance of these awards, highlighting their alignment with the ‘prudent replacement standard’. This approach is essential for enhancing the islands’ disaster preparedness and resilience. She credited her team for their pivotal role in amending the Stafford Act, which typically mandates rebuilding to pre-disaster conditions. This amendment has paved the way for rebuilding key infrastructure in the Virgin Islands to modern, more resilient standards.

Governor Albert Bryan and his administration received high praise from Ms. Plaskett for their instrumental efforts in securing this grant, ensuring it addresses the comprehensive needs of the community. She also expressed her pride in the achievements of the Office of Disaster Recovery in obtaining the funding. The Congresswoman looks forward to working in tandem with the V.I. Department of Education to guarantee the effective use of these funds in rebuilding and enhancing the schools for future generations.

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Asbestos Cleanup Scheduled at Caneel Bay Resort by National Park Service for Early 2024

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The National Park Service (NPS) has declared plans to commence asbestos removal at the Caneel Bay Resort within the Virgin Islands National Park in early 2024. This initiative is the first step in an extensive environmental cleanup operation following the devastation caused by Hurricanes Irma and Maria in 2017.

Penelope Del Bene, the acting superintendent of Virgin Islands National Park, shared, “Following thorough planning and assessment, we’re ready to embark on this vital environmental cleanup at Caneel Bay. This effort will significantly contribute to ensuring a safer and healthier environment for our local community.”

This asbestos removal process is guided by findings from the park’s 2021 and 2022 Engineering Evaluation/Cost Analysis (EE/CA) Reports. These reports, detailing the release of hazardous substances at the site, are accessible for public review at ParkPlanning – Public Involvement for the Engineering Evaluation/Cost Analysis (EE/CA) Site Assessment at Caneel Bay Resort.

Emphasizing safety as its paramount concern, the NPS elaborated that accredited contractors will manage the asbestos material, ensuring safe handling, packaging, and transportation. An independent entity will oversee and monitor the asbestos removal, including conducting air quality assessments around the perimeter to prevent any environmental contamination.

The operation will entail the closure of specific work areas, restricted solely to qualified personnel, and is expected to span three to four weeks. The project will involve transporting asbestos materials in six 20-foot cargo containers from St. John to St. Thomas using a local barge service, followed by disposal at a licensed landfill in the continental United States. The process will adhere to federal laws and industry norms. Although equipment noise may be noticeable, minimal disruption to traffic is anticipated.

Further cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) will involve the removal of contaminated soil from the resort’s landscaping, maintenance, and engineering areas, and from a landfill near Honeymoon Beach.

For ongoing updates on the NPS’s environmental cleanup efforts at Caneel Bay, please visit https://www.nps.gov/viis/caneelbay.htm.

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