Guam Administrative Code

§ 6102. The Commission. (a) Mission of Trustees. The commission members, as trustees, shall: (1) act exclusively in the interest of beneficiaries under the Act; (2) hold and protect the trust property for beneficiaries under the Act; (3) maintain and uphold their fiduciary respon…

§ 6103. The Management. (a) Director to sign for commission. All orders and other action of the commission shall beauthenticated or signed by the director. The director shall approve and sign all vouchers and assignment of funds to be received under tract leases. After approval o…

§ 6104. Definitions. As used in these rules and regulations: (a) Administrative Adjudication Law means Chapter 9 of Title 5, Guam Code Annotated. (b) Agricultural Tract means Chamorro homelands with an area of not less than one quarter (0.25) acre, nor more than twenty (20) acres…

§ 6105. Application for Leases: Forms. Forms. Beginning on November 1, 1995, subject to approval of the Rules and Regulations, applications for residential or agricultural leases shall be made on forms, consistent with the Act and these rules and regulations, provided by the comm…

§ 6106. Application for Leases: Qualification of applicants. (a) Applicants for residential or agricultural tract leases shall provide the commission with documented proof that the applicant is: (1) at least eighteen (18) years of age; and (2) a native Chamorro. (b) The commissio…

§ 6107. Application for Leases: Application processing. (a) Applications shall be dated and signed by the applicant and by an authorized commission representative. The commission shall acknowledge in writing receipt of all properly completed applications. An incomplete applicatio…

§ 6108. Application for Leases: Residential tract applications. Applications for residential tract leases shall be made f or one lot only. One island-wide residential tract waiting list shall be maintained. SOURCE: Added by P.L. 23-038:2 (Sept. 14, 1995) as § 5.4 of Exhibit A, re…

§ 6109. Application for Leases: Agricultural tract applications. For application purposes, the commission shall establish and maintain an island-wide waiting list for designated agricultural tracts. SOURCE: Added by P.L. 23-038:2 (Sept. 14, 1995) as § 5.5 of Exhibit A, renumbered…

§ 6110. Application for Leases: Village and island-wide waiting lists. (a) Applicants will be placed on the respective island-wide residential and/or agricultural tract waiting list in the order specified in § 6107(a). (b) In the event a new residential subdivision is opened, app…

§ 6111. Application for Leases: Contract for award; priority. Applicants shall be considered for award in the order in which their completed applications were received by the commission; provided that awards shall first be made according to ranking in existing priority waiting li…

§ 6112. Application for Leases: Transfer of application rights. (a) An applicant may designate a relative qualified under the Act to include husband and wife, children, widows or widowers of the brothers and sister, or nieces and nephews to succeed to the applicant’s application …

§ 6113. Application for Leases: Posting lessee awards. The commission shall post, in every municipal mayor’s office and once in a publication of general circulation, the names, file numbers, and dates of application of all who receive lease awards within two weeks after awards ar…

§ 6114. Application for Leases: Applicant current information. (a) An applicant for awards must notify the commission, in writing, of any change in address or other information contained in the application within fifteen calendar days of such change. Whenever the commission initi…

§ 6115. Leases to Native Chamorros: Residential tract leases; awards. (a) Whenever residential tracts are available, the commission shall award residential tract leases to applicants who, in the opinion of the commission, are qualified to perform the conditions of such leases. Th…

§ 6116. Leases to Native Chamorros:Awards; when, order. (a) Whenever homeland lots are available, the commission shall award leases to applicants who meet the qualification requirements specified herein and contained in the Act. (b) The commission shall award lots on a first-come…

§ 6117. Leases to Native Chamorros: Award of lease; lessee’s performance. (a) The commission shall, whenever tracts are available, enter into such a lease with any applicant who, in the opinion of the commission, is qualified to perform the conditions of such lease. (b) In determ…

§ 6118. Leases to Native Chamorros: Awards to occupants of homelands; when. (a) Notwithstanding the provisions of §§ 6108 to 6114, , the commission shall not serve eviction notices to individuals who presently reside and have continuously resided on Chamorro homelands prior to Ju…

§ 6119. Leases to Native Chamorros: Agricultural tract leases. (a) Whenever agricultural tracts are available, the commission shall award agricultural tract leases to applicants who, in the opinion of the commission, are qualified to perform the conditions of such leases. The com…

§ 6120. Leases to Native Chamorros: Residence permitted on agricultural lot. (a) Residences shall be permitted upon agricultural tracts. Only one residence will be permitted per lessee on Chamorro homelands, subject to the following conditions: (1) The lessee has actively cultiva…

§ 6121. Leases to Native Chamorros: Livestock and crops. (a) Lessees may raise animals intended for consumption on their agricultural leasehold to supply immediate family needs. (b) Lessees may raise animals on a commercial basis on their agricultural leasehold only after the fol…

§ 6122. Leases to Native Chamorros: Lease cancellation. (a) The commission may cancel a lease to a native Chamorro, as specified by § 75110 of the Act and the Administrative Adjudication Law, for the following reasons: (1) Violation by the lessee of a condition enumerated in the …

§ 6123. Leases to Native Chamorros: Commercial leases. [Reserved] No commercial leases shall be entered into by the Chamorro Land Trust Commission until Rules and Regulations covering the same have been adopted pursuant to the Administrative Adjudication Law. SOURCE: Added by P.L…

§ 6124. Conditions in Leases: Additional conditions generally. In addition to the conditions in leases set forth in the Chamorro Land Trust Act, and in the lease document, all lessees shall be subject to the restrictions set forth in this section. SOURCE: Added by P.L. 23-038:2 (…

§ 6125. Conditions in Leases: Industrial or commercial activities. No industrial or commercial activities shall be allowed on Chamorro homeland leaseholds, except those which are authorized for license by the Act. (2) No leasehold or portion thereof shall be used for commercial a…

§ 6126. Conditions in Leases: Building requirements. (a) No building structure or improvement may be constructed on the premises without written approval from the commission. Such an approval shall be considered only after submission of a plan as to design, materials, and probabl…

§ 6127. Conditions in Leases: Contracts covering leased lands. No lessee may, without written approval from the commission, enter into any contract, joint venture, agreement or other arrangement of any sort with a third person on lands covered by lessee’s lease for the cultivatio…

§ 6128. Conditions in Leases: Transfer of leases. Requests for transfers will be considered for approval only if the lessee has held such lease for a period of at least seven years, unless the commission, in its considered opinion, finds that an emergency exists which makes trans…

§ 6129. Conditions in Leases: Occupancy and other requirements. (a) The time period by which a lessee is required to occupy a residential lot or to commence to use or to cultivate an agricultural lot shall be stipulated in the lease. (b) Except as otherwise provided in the lease,…

§ 6130. Conditions in Leases: Sublease prohibited. The lessee shall not sublet his interest in the tract or improvements thereon. Violation of this provision shall constitute grounds for cancellation of such lease. SOURCE: Added by P.L. 23-038:2 (Sept. 14, 1995) as § 7.7 of Exhib…

§ 6131. Loans and Funds. [Reserved] Since a source of funding for loans has not been identified, no loans shall be made by the Chamorro Land Trust Commission until Rules and Regulations covering the same have been adopted pursuant to the Administrative Adjudication Law. SOURCE: A…

§ 6132. Successors to Lessees: Designation of successors. (a) A lessee shall, upon execution of the lease, designate the person in whom lessee directs the interest in the tract to vest upon death. Such person must be qualified to succeed to Chamorro homelands as provided by the A…

§ 6133. Successors to Lessees: Reversion to the commission. Where a lessee dies having failed to designate a successor, the commission may select a successor as provided in the Act. Otherwise, the lease shall be cancelled. The land subject to the lease shall resume its status as …

§ 6134. Successors to Lessees: Notice to successors. Upon the death of a lessee having no designated successor, the commission shall publish such fact by publishing a notice at least once in each of four successive weeks in a newspaper of general circulation. The notice shall sta…

§ 6135. Successors to Lessees: Appraisals. (a) Upon the death of a lessee leaving no individual qualified to be a successor lessee, if the commission is unable to designate a successor, or upon the cancellation or the surrender of a lease, the commission shall appraise the value …

§ 6136. Successors to Lessees: Payments. (a) The commission shall pay to the legal representative, administrator or executor of the deceased lessee or to the previous lessee, as the case may be, the appraisal value less: (1) Any indebtedness to the commission; (2) Taxes; (3) Any …

§ 6137. Successors to Lessees: Cancellation and surrender. (a) Upon receipt of written notification of a lessee’s intent to surrender, the commission shall process the same. The commission may forego acceptance of a surrender until a new lessee is found and it is determined by th…

§ 6138. Community Pastures: Location of community pastures. The commission, when practicable and as authorized under the Act, shall maintain community pastures in such locations as it may determine. SOURCE: Added by P.L. 23-038:2 (Sept. 14, 1995) as § 10.1 of Exhibit A, renumbere…

§ 6139. Community Pastures: Records. A record of all stock in community pastures shall be kept by the commission. SOURCE: Added by P.L. 23-038:2 (Sept. 14, 1995) as § 10.2 of Exhibit A, renumbered pursuant to 1 GCA § 1606.…

§ 6140. Community Pastures: Responsibilities. (a) The lessees shall be responsible for: (1) Permanently branding all animals with a registered brand of the lessee; (2) Removing and testing all animals and confirming district origin; (3) Removing sick, diseased or severely injured…

§ 6A101. Authority and Purpose. (a) Authority. Pursuant to the mandate of Public Law 12-226, now codified as Chapter 75 of Title 21, Guam Code Annotated, these rules and regulations are promulgated as authorized by § 75103 of Chapter 75,Title 21, Guam Code Annotated, to govern th…

§ 6A102. The Commission. (a) Mission of Trustees. The Commission members, as trustees, shall: (1) act exclusively in the interest of beneficiaries under the Act; (2) hold and protect the trust property for beneficiaries under the Act; (3) maintain and uphold their fiduciary respo…

§ 6A103. The Management. (a) Director to sign for commission. All orders and other action of the commission shall be authenticated or signed by the director. The director shall approve and sign all vouchers and assignment of funds to be received under tract leases. After approval…

§ 6A104. Definitions. As used in these rules and regulations: (a) Administrative Adjudication Law means Chapter 9 of Title 5, Guam Code Annotated. (b) Agricultural tract means Chamorro Land Trust property with an area of not less than one quarter (0.25) acre, nor more than twenty…

§ 6A105. Application for Leases: Forms. Forms. Beginning on November 1, 1995, subject to approval of the Rules and Regulations, applications for residential or agricultural leases shall be made on forms, consistent with the Act and these rules and regulations, provided by the com…

§ 6A106. Application for Leases: Qualification of Applicants. (a) Applicants for residential or agricultural tract leases shall provide the Commission with documented proof that the applicant is: (1) at least eighteen (18) years of age; and (2) an eligible beneficiary. (b) The Co…

§ 6A107. Application for Leases: Application processing. (a) Applications shall be dated and signed by the applicant and by an authorized commission representative. The commission shall acknowledge in writing receipt of all properly completed applications. An incomplete applicati…

§§ 6A108 to 6A114, the Commission shall not serve eviction notices to individuals who presently reside and have continuously resided on Chamorro Land Trust property prior to July 12,1995, and who qualify under the Act. (b) Persons presently holding land use permits and who qualif…

§ 6A109. Application for Leases: Agricultural tract applications. For application purposes, the commission shall establish and maintain an island-wide waiting list for designated agricultural tracts.

§ 6A110. Application for Leases: Village and island-wide waiting lists. (a) Applicants will be placed on the respective island-wide residential and/or agricultural tract waiting list in the order specified in § 6107(a) and § 6A107(a). (b) In the event a new residential subdivisio…

§ 6A111. Application for Leases: Contract for award; priority. Applicants shall be considered for award in the order in which their completed applications were received by the commission; provided that awards shall first be made according to ranking in existing priority waiting l…