Guam Administrative Code

§ 9102. Affirmation of and Authorization to Exercise a Fundamental Civil Right in Ancestral Real Property . Pursuant to the mandate of Public Law Number 25-45, now codified as Chapter 80 of Title 21 of the Guam Code Annotated, the Ancestral Lands Commission is given the authority…

§ 9103. Adoption of Rules and Regulations These Rules and Regulations shall be known as the ‘Rules and Regulations for the Guam Ancestral Lands Commission.’ The Chamorro designation shall be ‘ Areklamenton I Kumision I Tano’ Saina-ta .’

§ 9104. Severability. The Rules and Regulations adopted by this Guam Ancestral Lands Act shall not affect the provisions of the Guam Ancestral Lands Act in Chapter 80 of Title 21 of the Guam Code Annotated. Any provision or application of these Rules and Regulations which conflic…

§ 9105. Computation of Time. In computing any period of time, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, …

§ 9201. Authority. Pursuant to the mandate of Public Law Number 25-45, now codified as Chapter 80 of Title 21 of the Guam Code Annotated, C H . 9 – A NCESTRAL L AND P ROGRAMS these rules and regulations are promulgated as authorized by

§ 9202. Purpose. These rules and regulations set forth the necessary procedures with respect to land claim applications; set out in detail the standards of eligibility; provide for the methods of review, as well as a system of notice and hearing prior to an award or denial of com…

§ 9203. Mission. The Commission members shall administer the Guam Ancestral Lands Act in order that ancestral landowners, their heirs and descendants may expeditiously exercise all the fundamental civil rights in the property they own; establish a land bank to provide just compen…

§ 9204. Chamorro Designation. The Guam Ancestral Lands Commission shall also be known in Chamorro as ‘ Kumision I Tano’ Saina-ta .’

§ 9205. Offices. The Commission offices are located at #109 ‘A’ Street, Tiyan, Guam, or whatever successor office it might relocate to in the future.

§ 9206. Mailing Address . P.O. Box 2950, Hagatña, Guam 96932. C H . 9 – A NCESTRAL L AND P ROGRAMS

§ 9207. Contact Numbers. Telephone: (671) 473-5263. Fax: (671) 475-9165.

§ 9208. Office Hours. The offices of the Commission shall be open during normal business hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays, and provide for flexible hours as determined by the Commission for the convenience of the public.

§ 9209. Commission Meetings . Meetings of the Guam Ancestral Lands Commission shall be open to the general public. The Commission shall give notice of such meeting to both the public and Commissioners. Notice shall be given to each newspaper of general circulation and broadcastin…

§ 9210. Special Meetings. A special meeting may be called at any time by the Commission, by delivering personally, or by mail, written notice to each Commissioner. Notice shall also be given to each newspaper of general circulation and broadcasting station which airs a regular lo…

§ 9211. Attendance at Meetings. Unless excused, meetings shall be attended by all Commissioners, by the Executive Director, by the Deputy Executive Director and by such members of the staff as are instructed to attend by the Executive Director.

§ 9212. Responsibility of Commissioners. It is the responsibility of each Commissioner to: attend all meetings of the Commission, unless excused; undertake all duties assigned by the Commission; keep generally informed of all matters pertinent to the determination of policy by th…

§ 9213. Acquisition of Properties. As the Ancestral Land Commission acquires properties, the Commission shall perfect title to those properties, regardless of the classification of the property.

§ 9214. Ancestral Lands Registries. The Commission shall establish and maintain the following four (4) separate registries for the purposes of recording accurate information in the settlement of ancestral claims. Any member of the public may inspect the registries during normal b…

§ 9215. Notice for Government Use. As the Guam Ancestral Land Commission acquires properties, the Commission shall publish a notice containing the legal description of the lands acquired and reserved by this Title, and file a legal description of the lands acquired and reserved b…

§ 9216. Petition for Reserving Land for Government Use. Before any land claim determinations are made, governmental departments, entities or agencies shall have forty- five (45) days after it is provided notice, in which it may petition the Commission for a reservation of those a…

§ 9217. Duties of Commissioners. It shall be the duty of each Commissioner to: act in the interest of the general public under the Guam Ancestral Lands Act; hold and protect the trust property for the beneficiaries, as well as the general public under the Guam Ancestral Lands Act…

§ 9218. Conflict of Interest. If any Commissioner, Officer or Staff member shall be interested either directly or indirectly in any Ancestral Land Claim Determination, such interest shall be disclosed to the Commission and shall be set forth in the minutes of the Commission. Any …

§ 9219. Commissioner Stipend. The members of the Commission shall be paid at the rate of Fifty Dollars ($50.00) for each day’s attendance at a meeting of the Commission; provided, however, that such compensation shall not exceed One Hundred Dollars ($100.00) per month, unless ame…

§ 9220. Quorum; Votes. Except as otherwise provided by law, the attendance of four (4) members present shall constitute a quorum to transact administrative business. The number of Commission members to determine a land Claim shall be no less than five (5) eligible Commissioners. …

§ 9221. Minutes. The minutes of every meeting of the Commission shall be promptly and fairly recorded under the direction of the Executive Director, and shall include, but not be limited to, a record of all petitions, proposals and resolutions offered, the results of any votes ta…

§ 9222. Personnel. All personnel on the Commission’s staff shall be selected and discharged by the Commission.

§ 9223. Duties of the Commission as Hearing Panel. In order to facilitate the determination of a claim, the Commission shall act as the Hearing Panel and shall investigate the claim, take testimony as needed and make a determination for or against an award to the claimant. All de…

§ 9224. Duties of the Chairman. The Chairman has the following duties, powers and authority: the Chairman shall preside over all meetings of the Commission; all orders and other actions of the Commission shall be authenticated and signed by the Chairman and the Secretary of the C…

§ 9225. Duties of the Executive Director. It is the desire of the Commission that functions and duties, administrative in nature, be delegated to the Executive Director and duties requiring the exercise of judgment or discretion C H . 9 – A NCESTRAL L AND P ROGRAMS continue to re…

§ 9226. Absence, Disability of the Executive Director. Whenever the Executive Director is absent or disabled from performing the duties of his office, the Deputy Director shall assume the duties of the Executive Director. The Commission reserves the authority to reappoint a new E…

§ 9227. Ratification of the Executive Director’s Actions. The Executive Director shall report to the Commission for ratification of any actions permitted under § 9225. A RTICLE 3 A PPLICATION FOR A NCESTRAL L AND C LAIMS

§ 9301. Application for Ancestral Land Claims. Applicants will complete the appropriate application form(s) and provide the information as described in this Chapter; provided, the claim is for a determination of ancestral title in relation to land held by the Commission for which…

§ 9302. Application Forms. Applications for land claims shall be made on forms, consistent with the Guam Ancestral Lands Act and these Rules and Regulations, provided by the Commission and shall be made under oath. Applicant shall submit an application to the Commission on Form 1…

§ 9303. Qualifications of Applicants. The applicant will be qualified by a showing that the application: falls within §80103; is in the prescribed form, as C H . 9 – A NCESTRAL L AND P ROGRAMS established by the Commission; contains the information required and as prescribed in r…

§ 9304. Succession Processing. Where claims are made by other than the original landowner, by way of succession, the applicant(s) will present proof that they are entitled to pursue the claim on behalf of the estate as the administrator(trix) or executor(trix).

§ 9305. Reference to Map or Plat, etc. If land sought by applicant is a part of a village, town or subdivision of which an official map is on file in the Department of Land Management, and upon such map the land appears in such a manner that it can be identified thereon by refere…

§ 9306. Description of Real Property. The real property must be described in the claim with such certainty as to enable an officer, upon execution, to identify it.

§ 9307. Application Processing. Applications shall be date stamped and filed by the authorized Commission personnel. The Commission shall acknowledge in writing receipt of all properly completed C H . 9 – A NCESTRAL L AND P ROGRAMS applications. An incomplete application shall be…

§ 9308. Docket. Completed applications shall be time stamped, and if accepted, assigned a numerical designation, and filed in the order of receipt. Additions, corrections or deletions may be made only with the approval of the applicant and the Executive Director, or the Director’…

§ 9309. Priority and Preference for Award of Ancestral Land Title. Except as otherwise provided for in this Chapter, applicants shall generally be considered for an award in the order in which their completed applications were received by the Commission and docketed. Appeals shal…

§ 9310. Consolidation. The Commission, upon its own initiation or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two (2) or more proceedings which involved substantially the same parties, or issues which involve the same parties o…

§ 9311. Death or Disability of Applicant: Transfer of Interest. Upon request and for good cause shown, the Commission may allow for the substitution of applicants.

§ 9312. Process for Extinguishment of Claims, Award of Just Compensation, and Recordation of Ancestral Land Title. C H . 9 – A NCESTRAL L AND P ROGRAMS The Applicant shall conform with the procedures as set forth in this Chapter.

§ 9313. Filing of Ancestral Claim. Applicant submits an application to the Commission on Form 1; attached as Appendix I to these rules and regulations.

§ 9314. Hearing. After an application has been properly filed pursuant to the rules and regulations, the Commission will set the matter for a hearing on a final determination.

§ 9315. Hearing Conduct. (a) Once the matter has been scheduled for a hearing, the hearing shall be conducted in the following manner: (1) all final determinations shall be heard before the Commission; (2) where the Commission conducts the public hearing it shall be presided over…

§ 9316. Commission Action. The Commission shall fully consider the testimony under oath, all relevant believable evidence and the whole of the record C H . 9 – A NCESTRAL L AND P ROGRAMS before making its determination. The Commission shall issue a written decision in a timely fa…