Guam Administrative Code

§ 1103. Surveys, Basis of. Every land survey must be based upon and have a minimum of one corner of the land survey physically referenced to the Guam 3 Geodetic Triangulation Net established pursuant to 21 GCA Chapter 60 Article 5.…

§ 1104. Corners, Markings. Every corner of a land survey must be marked by a permanent monument or marker bearing the registration number of the surveyor or an identifying mark approved by the Territorial Surveyor. Reference monuments may be set where it is physically impossible …

§ 1105. Preservation of Records. Every surveyor must preserve as permanent records all of his field notes and all computations made therefrom, so catalogued and filed as to be readily available.

§ 1106. Measurement. All surveying measuring devices shall be tested and calibrated at regular intervals of not less than six (6) months using the testing facilities established by the Director of Land Management in accordance with 21 GCA § 60513, or under the supervision or dire…

§ 1107. Information to be Furnished. The surveyor must furnish to his client a correct technical description of the land surveyed and/or clear and legible copies of a map or plot conforming to the “Uniform Specifications: Preparation of Maps from Surveys” prescribed by authority …

§ 1108. Complaints. Any person who believes himself to be aggrieved by the failure of a surveyor to comply with these Regulations may submit his complaint to the Director of Land Management or his delegate, and in all cases the Director of Land Management or his delegate, shall f…

§ 1109. Effective Date. These Regulations will become effective upon approval of the Governor, and copies will be maintained and made available as provided by 21 GCA § 60504.

§ 1110. Appendix A - Uniform Specifications: Preparation of Maps from Surveys. (a) Authority. These specifications are prescribed in compliance with 21 GCA § 60505, and supplement the provisions of that Chapter. (b) Application. No map (the term includes plat, sketch or other pla…

§ 1200. Rules and Regulations Incorporated Herein by Reference. Rules and regulations of the “Manual of Instructions for the Survey of Lands and Preparation of Plans in the territory of Guam” are incorporated herein by reference. Due to the detailed nature of the information and …

§ 1300. Exchanges of Land in Lieu of Cash Payment: Authority. These Rules and Regulations shall govern the disposition of government land by exchange pursuant to the provision of 21 GCA Chapter 75. NOTE: See note after 21 GCA § 64108.…

§ 1301. Same: Procedure. (a) Whenever privately-owned lands are required by the government of Guam, the following procedures shall govern with respect to any exchanges of government realty for privately- owned realty: (1) The owner of such land may apply to the Director of Land M…

§ 1302. Same: Availability of Land. (a) Government-owned land available for exchange purposes shall be those lots or areas listed and published in the availability list pursuant to § 13505.1, Government Code of Guam. Such exchanges, however, shall not be made unless the privately…

§ 1303. Same: Disposal Technique. Before any land exchange transaction is consummated, appraisal reports shall be made for the properties under consideration. Appraisal reports for government land shall be prepared by staff appraisers of the Department of Land Management, which a…

§ 1304. Same: Value. Exchanges shall be based on the market value of the properties as All appraisals and review reports shall be a part of the documents in the exchange transaction. No commitment on the Government’s part to exchange realty shall be considered final until approve…

§ 1305. Same: Property Exchange Base. Privately-owned land needed by an approved government project may be exchanged, pro-vided that such private realty is equal to at least eighty percent (80%) of the value of the government land; and further such private realty is not less than…

§ 1306. Same: Notice of Public Hearing. No exchange of land shall be consummated until a public notice on the proposed exchange of land is made in a newspaper of general circulation in Guam. Such publication shall be held at least ten (10) days before the hearing date, which noti…

§ 1307. Same: Payment. The difference in value of the property being exchanged shall be paid in full to the party having the greater value prior to final completion and execution of all documents.

§ 1308. Same: Application Fee. For each application filed, a fee of Ten Dollars ($10.00) shall accompany the application, such fee shall be in cash (U.S.), cashier’s or certified checks made payable to the Treasurer of Guam.…

§ 1309. Same: Repeal. NOTE: Rule-making authority cited for formulation of regulations by the Director of Land Management on the exchange of land in lieu of cash payment, 21 GCA Chapter 64. Public Law 12-226 repealed Chapter VI, Leases and Sales of Title XIV of the Government Cod…

§ 1400. Title. This Title shall be known as Land Use Permit Rules and Regulations.

§ 1401. Authority. Authority for land use permit rules and regulations is found in 21 GCA § 68101.

§ 1402. Definition. (a) For the purpose of these Rules and Regulations certain terms are defined as follows: (1) Charges - Land Use Permit Charges and other charges as contained herein. (2) Agreement - Land Use Permit Agreement. (3) Rules and Regulations - Land Use Permit Rules a…

§ 1403. Qualifications. (a) All persons who are bona fide residents of Guam, U.S. citizens and of legal age. (b) All business enterprises licensed to do business on Guam. (c) Persons who, prior to promulgation of these Rules and Regulations, have outstanding charges may qualify u…

§ 1404. Application. (a) Form. All applicants shall complete and submit a Land Use Permit Application in the form attached hereto. NOTE: Although reference is made to a Land Use Permit Application, the above cited Land Use Permit Application was not included within these Regulati…

§ 1405. Execution of Agreement. (a) No Agreement shall be executed without an approved application. (b) A minimum down payment of twenty-five percent (25%) of charges computed under 18 GAR § 1407 upon execution of the Agreement, and the balance no later than six (6) months after …

§ 1406. Agreement. (a) Form. Agreement shall be in a form attached hereto. NOTE: Although reference is made to Agreement, the above cited Agreement was not included within these Regulations at the time of the original publication. However, this application is available from the D…

§ 1407. Land Use Permit Charges. (a) All charges shall be computed on the formula prescribed: Use - Rate x Market Value = Land Use Permit Charges: (1) Use rate shall be determined according to use and/or related use for which Agreement was executed. All uses and/or related use sh…

§ 1408. Repeal. The adoption of this Land Use Permit Rules and Regulations, pursuant to the Administrative Adjudication Act, supersedes all previous rules and regulations. NOTE: “The above rules and regulations will continue being processed by Land Management until the establishm…

§ 1500. General Provisions: Authority. These guidelines are promulgated pursuant to the rule- making procedures of the Administrative Adjudication Law, which provide at § 9107 of Title 5 of the Guam Code Annotated that the meaning of rule includes any ‘procedure or requirement of…

§ 1501. Identity and Purpose of Reserved Land. Pursuant to Public Law Number 22-18, the Department of Land Management (‘Department’) reserved twenty (20) acres each from Lot Number 10120-R16 in Dededo, Guam, and from Lot Number 480 in Agat, Guam for the purpose of establishing a …

§ 1502. Intent. These rules are intended to provide a suitable amount of government land for leasing to qualified and eligible appli-cants, which are non-profit organizations and which plan to develop a ‘cultural facility,’ as the term is used in these rules, within the time allo…

§ 1503. Interpretation of ‘Cultural Center.’ The legislative history of Public Law Number 22-18 indicates that the term ‘cultural center,’ as used therein, was meant to be the same as used in the Guam Land Use Master Plan, or I Tano’ta Plan, as it is commonly known, (‘Plan’). The…

§ 1504. Scope. Section 3 of Public Law Number 22-18 contemplates that land reserved by government entities are either: (a) for development of long-term government facilities, (b) for parks and the like, or (c) for commercial leases to private interests. In accordance with ‘3(b) o…

§ 1505. Grandfather Clause. Some legitimate non-profit organizations occupying or formerly occupying the Harmon cliff line area are not culturally related clubs. Notwithstanding, they may apply for a lease in accordance with these rules, so long as such non-profit organization pl…

§ 1506. Application to Lease: Form of Application. Applications shall be on forms prepared by the Department, which are avail-able from the Department’s Land Administration Division located on the third floor of the building at 855 West Marine Drive in Anigua, Guam.…

§ 1507. Application Fee. An application fee of One Hundred Dollars ($100.00) must accompany each application. The fee represents the reasonable expenses of the Department in processing the application.

§ 1508. Delivery. Delivery of the application to the Department may be by personal, hand-delivery to the Departments Land Administration Division on the third floor of the building of 855 West Marine Drive in Anigua, Guam, or by mail to the Departments Land Administration Divisio…

§ 1509. Intake Processing. The Department shall review all applications immediately upon receipt, in the order received, to deter-mine only whether they are complete and have the required documentation attached. Consideration of the applicants eligibility will be at a later time.…

§ 1510. Incomplete Application. An application is considered incomplete and contains insufficient information if any question is not answered, if any 22 blank is not filled in as required or the appropriate documents are not attached. (a) Rejection. Incomplete applications shall …

§ 1511. Application’s Effective Period. The applicants authorized representative is required to certify the truth of certain statements the applicant makes in the application. Based upon these certifications, the application is considered good for only one (1) year from the date …

§ 1512. Criteria for Eligibility: Priority of Review. Completed applications will be reviewed for eligibility and acted upon by the Department in priority of receipt of the application, as such priority is provided for in Rule 2004, above.…

§ 1513. Proof of Eligibility. An eligible applicant must possess all of the qualities enumerated in Rules (a) through (f), below, and must submit proof of each.

§ 1514. Criteria. To be eligible each of the following requirements must be met: (a) Status as Non-Profit Organization. The applicant must be a legitimate non-profit organization, which shall mean for purposes herein only, an organization that is organized and operated primarily …

§ 1515. Determination of Eligibility to Lease: Determination and Effect. The Department shall make a determination in writing as to whether or not the applicant is eligible. If upon review of the completed application the Department finds that the submitted application and docume…

§ 1516. Priority to Reserve. Upon a determination that the applicant is eligible, the Department shall place the applicants name on a priority list in the order that the applicants are determined to be eligible. An applicant may select and reserve land for leasing in the order th…

§ 1517. Notice of Determination. The Department shall notify each applicant by mail of the Department’s determination as soon as practicable after a determination is made. If a negative determination is made, the reasons must be stated in the notice to the applicant. If the Depar…

§ 1518. Appointment to Reserve. The Department shall also provide in the notice of determination of eligibility an appointment date and time for the applicant to select and reserve land. (a) Designated Appointments. The Department shall designate an appointment date and time for …

§ 1519. Section and Reservation: Selection. At the appointed date and time, the eligible applicant may select any area of land which has been designated by the Department to be a part of the program under these rules and which has not been selected and reserved by any other eligi…

§ 1520. Reservation Agreement. Upon selection of an area of land by an eligible applicant, the Department and applicant shall enter into an ‘Agreement to Reserve’; provided, that the applicant is in compliance with all the terms of their use permit, as referred to in Rule 1006(b)…

§ 1521. Requirements of Entering into Lease: Submittal Required. In order to enter into a lease or the reserved property, the eligible applicant must submit the following prior to the automatic termination of the Agreement to Reserve: 28 (a) Conceptual Plan. A conceptual plan dep…