Guam Administrative Code

§ 6A112. Application for Leases: Transfer of application rights. (a) An applicant may designate a relative qualified under the Act pursuant to 21 GCA § 75A109 which provides that: (1) Upon the death of the lessee, his interest in the tract or tracts and the improvements thereon, …

§ 6A113. 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 a…

§ 6A114. 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 init…

§ 6A115. Leases to Eligible Beneficiaries: 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 lea…

§ 6A116. Leases to Eligible Beneficiaries: Awards; When, Order. (a) Whenever Chamorro Land Trust property 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 shal…

§ 6A117. Leases to Eligible Beneficiaries: 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…

§ 6A118. Leases to Eligible Beneficiaries: Awards to Occupants of Homelands; When. (a) Notwithstanding the provisions of §§ 6108 to 6114 and

§ 6A119. Leases to Eligible Beneficiaries: 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. …

§ 6A120. Leases to Eligible Beneficiaries: Residence permitted on agricultural lot.

§ 6A121. Leases to Eligible Beneficiaries: 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 …

§ 6A122. Leases to Eligible Beneficiaries: Lease Cancellation. (a) The Commission may cancel a lease to an eligible beneficiary, as specified by § 75A110 of Chapter 75A, Title 21, Guam Code Annotated, and the Administrative Adjudication Law, for the following reasons: (1) violati…

§ 6A123. Leases to Eligible Beneficiaries: Commercial Leases. 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.…

§ 6A124. 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.…

§ 6A125. Conditions in Leases: Industrial or commercial activities. (a) No industrial or commercial activities shall be allowed on Chamorro Land Trust property leaseholds, except those which are authorized for license by the Act. (b) No leasehold or portion thereof shall be used …

§ 6A126. 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 probab…

§ 6A127. 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 cultivati…

§ 6A128. 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 (7) years, unless the Commission, in its considered opinion, finds that an emergency exists which makes …

§ 6A129. 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…

§ 6A130. 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.

§ 6A131. Loans and Funds. 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.…

§ 6A132. 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 Land Trust property as provid…

§ 6A133. 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…

§ 6A134. 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 st…

§ 6A135. 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…

§ 6A136. 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…

§ 6A137. 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 t…

§ 6A138. 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.

§ 6A139. Community Pastures: Records. A record of all stock in community pastures shall be kept by the commission.

§ 6A140. 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 injure…

§ 7101. Authority. These Rules and Regulations are promulgated under the authority of 21 GCA § 63106.

§ 7102. Purpose. The purpose of these Rules and Regulations is to govern the meetings and proceedings of the Guam Seashore Protection Commission, acting pursuant to the legislative authority mentioned above.

§ 7103. Official Name. The official name of the Commission shall be the Guam Seashore Protection Commission.

§ 7104. Official Address. The official address of the Guam Seashore Protection Commission shall be c/o Government of Guam, Hagåtña, Guam. 2022 NOTE: Reference to Agana replaced with Hagåtña pursuant to P.L. 24-152:3 (Apr. 8, 1998).…

§ 7105. Place of Meeting. The Commission will hold its regular meeting at a location to be determined by a majority vote at any regular meeting.

§ 7106. Commission Creation, Membership and Compensation. The Commission shall consist of the seven (7) members of the Guam Planning Commission and the members shall hold office so long as they remain members of the Guam Planning Commission. Commission members shall serve without…

§ 7107. Powers and Duties. The Commission may: (a) Accept grants, contributions and appropriations; (b) Employ and fix the compensation, in accordance with law, of such professional, clerical and other assistants as may be necessary; (c)(1) Through coordination and assistance wit…

§ 7108. Regular Officers. Regular officers of the Commission shall be Chairman, Vice- Chairman and Administrator.

§ 7109. Additional Officers and Assistant Officers. The Commission may, by Resolution, appoint such additional officer or officers, or assistant officer or officers, establish the terms of office of such officers, and define the duties of such officers as the Commission may by su…

§ 7110. Terms of Office. The terms of office for the Chairman and Vice-Chairman shall be concurrent with their terms of office as members of the Guam Planning Commission. The term of office of the Administrator shall serve at the pleasure of the Commission.…

§ 7111. Vacancies. Should the office of Chairman and Vice-Chairman be vacant, the Commission shall fill the vacancy by election.

§ 7112. Duties of Officers. The Chairman shall preside at all meetings of the Commission. At such meetings, he shall submit such proper information and recommendations to the Commission as he may deem proper concerning the policies, administration and other affairs of the Commiss…

§ 7113. Other Duties. The officers of the Commission shall perform such other duties and functions as may from time to time be appropriately required by the Commission or the Rules and Regulations.

§ 7114. General Provisions. The Commission shall adopt a permit application form which shall conform to the general provisions as enumerated in 21 GCA § 63105, as amended, Seashore Reserve Act, and all other applicable laws governing the area defined as the Seashore Reserve.…

§ 7115. Permit Procedure. (a) Acceptance of Application. Applications for the Seashore Protection Commission shall meet all current requirements of the Guam Planning Commission and Public Law 12-108, as amended. Completed applications, with seven (7) additional copies, shall be s…

§ 7116. Regular Meetings. Meetings shall be held on the second and fourth Thursdays of the month. If such meeting falls on a legal holiday, the meeting shall be on the subsequent Tuesday.

§ 7117. Special Meetings. Special meetings shall be held at such time and places as the Commission may determine, or may be called by the Chairman at such time and place as he may determine, and must be called by him upon the written request of three (3) or more members of the Co…

§ 7118. Quorum. Four (4) members of the Commission shall constitute a quorum for the purpose of conducting its business, exercising its powers and for all other purposes.

§ 7119. Voting. Every official act taken by the Commission shall be adopted by four (4) affirmative votes. Only positive motions will be entertained.

§ 7120. Order of Business. At the regular meetings of the Commission, the following shall be the order of business: (a) Notation of attendance; (b) Consideration of Seashore Protection Commission applications, governed under the general provisions, 18 GAR § 7114. (c) Miscellaneou…

§ 7121. Parliamentary Procedure. The Rules. Parliamentary procedure set forth in Robert's Rules of Order shall govern all meetings of the Commission except as otherwise provided.