Title 12 — Autonomous Agencies

There is created the "Land Claimants Small Loan Revolving Fund" to grant loans to those persons who are eligible to bring proceedings for additional compensation under the provisions of Section 204 of the Omnibus Territories Act of 1977 (P.L. 94-134, 48 U.S.C. 1424c) for addition…

As used in this Chapter: (a) Land Claimant means any person who has a right under the Omnibus Territories Act of 1977 (P.L. 94-134, 48 U.S.C. 1424c) to request additional compensation for land acquired by the United States between July 21, 1944 and August 23, 1963 and to litigate…

The sum of Two Hundred Fifty Thousand Dollars ($250,000) is appropriated from the General Fund to the Land Claimants Small Loan Revolving Fund for the uses and purposes specified in this Chapter, provided that no loan to a land claimant shall exceed the sum of Five Hundred Dollar…

The Board of Directors of the Guam Economic Development Authority shall be the administering authority of the Land Claimants Small Loan Revolving Fund, and the word ‘Board’ as used in this COL120106 Chapter shall refer to that Board of Directors. The word Corporation as used in t…

There shall only be one (1) class of loan which may only be used by the land claimant for necessary fees, costs and expenses, including expenses of expert witnesses, in connection with litigation, or negotia- tions, for added compensation for property acquired by the United State…

To be eligible for loans under this Chapter, an applicant shall: (a) Be a person, or the Administrator(trix) of the estate of a deceased person from whom interests in land on Guam were acquired by the United States between July 21, 1944 and August 23, 1963, other than through jud…

Applications for loans shall be accompanied by a certificate from an attorney duly licensed in Guam certifying that he or she has been em- ployed by the claimant to proceed under Section 204 of the Omnibus Territories Act of 1977, and giving the name and case number of the litiga…

Each borrower under the provisions of this Chapter shall execute an assignment of the proceed which he or she may receive from the litigation being conducted, which document shall also state that the applicant has made arrangements with his or her attorney for the appropriate use…

Every borrower who receives a loan shall comply with the following conditions: (a) Expend no portion of the loan for purposes other than those specified in this Chapter; and (b) Make specific arrangements with the Clerk of Court, or claimant’s attorney, to direct that payment fro…

The Corporation is authorized to make loans, or guarantees of loans, in furtherance of the purposes and activities stated in this Chapter, and all loans or guarantees so made need not meet the normal requirements of a usual commercial loan or guarantee and shall not be refused fo…

Upon repayment of loans to the Land Claimants Small Loan Re- volving Fund, the Corporation shall pay over the entire balance to the Treasurer of Guam for deposit into the General Fund. SOURCE: GC §53610.11, as added by P.L. 16-111. ---------- COL120106

The Legislature hereby finds and determines that loans made pursuant to 12 GCA, Chapter 72 (P.L. 16-111, Chapter II, Section 21) are not adequate to address the need of landowners to pursue appropriate remedies to redress the harm done to landowners as individuals and to Guam as …

(a) Landowner means the government of Guam and any person who has or whose predecessors in interest had beneficial ownership of any land interest on Guam which interest was adversely affected by taking of the Naval Government of Guam or the United States Government between July 2…

There is created the Landowner=s Recovery Fund to further the purposes of 21 GCA Chapter 80, to grant loans, or guarantees of loans or grants-in-aid to landowners, or to defer costs or fees of professional services required by those landowners or class of landowners whose land, r…

The sum of Two Hundred Twenty Thousand Dollars ($220,000) is appropriated from the General Fund to the Landowner’s Recovery Fund for the uses specified in this Chapter. Additionally, there is authorized to be appropriated by legislative enactment Four Hundred Ninety-Five Thousand…

The Board of Directors of the Guam Economic Development Authority shall be the administering authority of the Landowner’s Recovery Fund and shall administer the Fund and make loans therefrom. The Board shall promulgate all rules and regulations necessary for the operation of the …

There shall only be one (1) class of loan which may only be used by the attorneys for a land owner for necessary fees, costs and expenses, including expenses of expert witnesses and other consultants, in connection with prosecution of claims for redress of damages or restoration …

To be eligible for loans under this Chapter an applicant shall be a landowner as defined in § 74106(a) of this Chapter.

All loans extended under this Chapter shall comply with the following standards and conditions: (a) Application for Assistance. Any landowner may apply for a loan of funds by setting forth on an application form authorized by the Authority a statement showing: COL120106 (i) name …

Any money remaining in the Land Claims Loan Revolving Fund established under 12 GCA Chapter 72 (P.L. 16-111, Chapter II, Section 21) shall be transferred to the Landowner’s Recovery Fund established by this Chapter.

The revenues obtained by the government pursuant to the license fee imposed by 11 GCA § 22202 shall be a source of funding for the appropriation made in § 74108 of this Chapter.

Any appraiser who is owed money by land claimants shall file a list of such land claimants and the amount of the debt with the Authority. Such statements shall be confidential except that the Authority may COL120106 inform a land claimant who makes application under this Chapter …

Chapter. The purpose of the enactment of § 74116 through § 74122 of this Chapter is to supplement and further the aims established under Chapter 72 of this Division. The Legislature finds and declares: (a) That the portion of Route 3 known as the Ritidian Spur, running from Potts…

(a) Two Hundred Twenty Thousand Dollars ($220,000) are appropriated from the General Fund to the Landowner’s Recovery Fund for the uses specified in this Chapter. (b) Two Hundred Fifty Thousand Dollars ($250,000) are appropriated from the General Fund to the general operating fun…

(a) Four Hundred Ninety-Five Thousand Dollars ($495,000) are hereby authorized to be appropriated from the General Fund to the Landowners Recovery Fund for the uses specified in this Chapter. (b) Seven Hundred Fifty Thousand Dollars ($750,000) are hereby authorized to be appropri…

The Authority is authorized to grant to private landowners or otherwise create such easements and rights-of-way across Lot No. P04.1, Machanao, as in its discretion are required to increase the use and enjoyment and facilitate the development of private property adjacent to Lot N…

The Guam Environmental Protection Agency is hereby directed to carefully study, determine and then report to the Legislature the full scope of the adverse environmental impact of unclean, unsafe military hazardous waste dump sites following a study to be performed under COL120106…

The Authority is directed to produce an economic impact appraisal study to appraise the impact of undue military restriction upon peaceful civilian access to the development of public and private landlocked parcels in Northwest Guam. The Authority is authorized to use funds appro…

Authority’s Receipt of Damage Claims Awards. Upon determination of the adverse economic impact and damage done private landowners and the government of Guam resulting from long term loss of use due to unduly restricted access and the maintenance of unsafe land polluting dumps, th…

(a) Mandate to obtain services. The Authority shall represent the government of Guam as the real party in interest to maintain any appropriate cause of action for claims for return of public rights-of-way, for damages or injunctive relief or any other cause of action or appropria…

Sections 74112 through 73120 of this Chapter shall be known and may be cited as The Northwest Territory of Guam Act. SOURCE: Added by P.L. 20-222:11.

The Authority shall hire or retain an attorney or law firm specifically to prosecute legal action on behalf of the people of Guam as specified in § 74119 of this Chapter. The attorney or law firm retained by the Authority may hire, within the level of appropriation made available…

Facilitate Land Claims. The Guam Ancestral Lands Commission is hereby authorized to use funds from the Landowner=s Recovery Fund to facilitate land claims and to further the purposes of the provisions of 21 GCA Chapter 80, and 12 GCA Chapters 72 and 74, as follows: 1. to assist i…

There is hereby created within the Guam Economic Development Authority (the “Authority”) the Guam Aquarium Foundation (“GAF”), a non-profit corporation, which shall oversee the continued development design, construction and operation of the proposed Guam Aquarium.

GAF shall have, and may exercise the following general powers in carrying out the activities authorized: (a) To have perpetual succession, unless sooner terminated by law; (b) To adopt, amend and repeal bylaws and other rules, regulations and directives governing the conduct of i…

(a) All functions and powers of GAF shall be vested in and be exercised by and under the direction of a Board of Trustees (‘Board’), which is hereby created. The Board shall be composed of eleven (11) voting members and three (3) ex officio members. The Chairperson of the Board o…

The Board shall be responsible for the overall management, administration, policies and direction of GAF and shall exercise supervision through an agent or agents duly appointed. The Board shall meet in regular session at least once per month and in special session as often as it…

(a) To the extent that any business contributes to the Guam Basketball Confederation (GBC) to acquire the required equipment and make enhancements to facilities on Guam, as well as the training and transportation of the Guam Men’s National Team for FIBA Asia Cup competitions from…

Unless a contractor, materials supplier, designer or landlord/lessor has direct involvement in the operations of the facilities as a director, officer, manager, employee, representative or agent of the Guam Basketball Confederation, they shall not be held liable for any civil or …

To the extent that a company providing materials and services for the project contained herein takes more tax benefits in terms of business privilege taxes than the actual value of the materials or services contributed to the project authorized herein, that company shall be requi…

Participation of the Guam Basketball Confederation in the FIBA Asia Cup. (a) The total amount of credits against unpledged business privilege taxes for the GBC’s preparation of facilities and participation in the FIBA Asia Cup competitions authorized herein shall not exceed Four …

(a) The Guam Basketball Confederation shall annually submit a copy of the financial statement required pursuant to § 14102, Chapter 14, Title 18 GCA to the Speaker of I Liheslaturan Guåhan, the Public Auditor, and the Administrator of GEDA. (b) The Guam Basketball Confederation s…

The Guam Economic Development Authority (GEDA) shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the business privilege taxes, sports, and economic activities on Guam. GEDA shall also include in its report its monitoring efforts and any other i…

GEDA shall implement and monitor the tax credit program authorized pursuant to this Article based on rules and regulations already adopted by GEDA for previous tax credit programs. Notwithstanding any other provision of law, GEDA shall have the authority to incorporate and add ru…

The provisions of this Chapter shall apply to any projects or activities of the Guam Economic Development Authority authorized by public law, but not set out or identified in its basic organizational charter contained in Chapter 50 of this Title.

All such special projects or activities shall be administered by rules and regulations developed under the requirements of the Administrative Adjudication Law (AAL). Such rules and regulations may be developed either by the Guam Economic Development Authority acting alone or join…

Notwithstanding any other provision of law, the fiscal year total amount of new tax credits authorized by the Government of Guam shall not exceed the amount set aside by I Liheslatura in the annual budget law as the General Fund Reserve (Deficit Reduction/Rainy Day Fund). All exi…

(a) Notwithstanding any other provision of law, tax credit programs pursuant to this Chapter shall automatically expire ten (10) years following enactment of their respective enabling legislation. This provision shall not apply to tax credit programs where I Liheslatura establish…

The provisions of this Article are applicable to required medical equipment at the Guam Memorial Hospital Authority (GMHA) as authorized by this Article.

(a) A business, to the extent that such business contributes to the Guam Memorial Hospital Authority the required medical equipment needed by the GMHA, as identified and approved by the Board of Trustees of the GMHA, shall be entitled to credit of business privilege taxes not alr…