Chapter 20

COL1201061GCA GENERAL PROVISIONS CH.20 GUAM LAND REPARATION COMMISSION 1CHAPTER 20 GUAM LAND REPATRIATION COMMI SSION SOURCE: This Chapter was enacted as a whole by P.L. 23 -23:2 (5/30/95). § 2000. Legislative Statement. § 2001. Creation of Commission. § 2002. Function. § 2003. Prohibition Against Commission Possessing or Di sposing of Returned Land. § 2004. Policy With Respect to Original Landowners. § 2005. Prohibition Against Hiring. § 2000. Legislative Statement. The Legislature finds that the reliance upon the largesse and consideration of federal authorities for the re turn of lands taken by the federal government in the period after World War II has been a frustrating process which has produced poor results. Now is the time to take a consistently proactive and aggressive stance in the repatriation of these lands. The Le gislature notes that the exercise of patience in the matte r of the return of three thousand two hundred (3,200) acres of releasable federal property has resulted in a wait of more than eighteen (18) years, with only a hope of resolution in the near future. § 2001. Creation of Commission.

nd two hundred (3,200) acres of releasable federal property has resulted in a wait of more than eighteen (18) years, with only a hope of resolution in the near future. § 2001. Creation of Commission. There is established the Guam Land Repatriation Commission, hereinafter referred to as the Commis sion. The Commission shall be comprised of twelve (12) members, including the Governor of Guam (or designee), the Speaker of the Guam Legislature (or designee), the Guam Delegate to Congress, the Chairper son of the Legislative Committee on Federal and Foreign Affairs, the Executive Director of the Commission on Self Determination, the Executive Director of the Chamorro Land Tr ust Commission, the Director of the Bureau of Planning, an individual appointed by the Governor of Guam who shall also be an officer of a duly recognized organization on Guam comprised of original landowners of federally -held properties and their descendan ts, and the Speaker of the Guam Youth Congress (or designee). Of the balance of members the Governor shall appoint one (1) member of the Commission who shall be an COL1201061GCA GENERAL PROVISIONS CH.20 GUAM LAND REPARATION COMMISSION 2original landowner or heir

f the balance of members the Governor shall appoint one (1) member of the Commission who shall be an COL1201061GCA GENERAL PROVISIONS CH.20 GUAM LAND REPARATION COMMISSION 2original landowner or heir to an original landowners whose land(s) were subject to the Unite d States Condemnation Acts; the Speaker of the Guam Legislature shall appoint one member to the Commission; and the Minority Leader of the Guam Legislature shall appoint one (1) member of the Commission. The Chairperson of the Commission shall be the Gover nor, should the Governor choose to serve on the Commission. In the event that the Governor designates another person to serve as member in the Gover - nor's stead, the Chairperson of the Commission shall be elected by the membership from among the members of the Commission. § 2002. Function. The goal of the Commission is to work for the return of federal properties in Guam that are deemed excess by the Commission. The Commission is empowered to pursue whatever strategies it determines will be conducive to the accomplishment of the goals set forth herein, including but not limited to, direct negotiations with federal officials, negotiations with the Defense Base

egies it determines will be conducive to the accomplishment of the goals set forth herein, including but not limited to, direct negotiations with federal officials, negotiations with the Defense Base Realignment and Closure Commission, or ac tions by the houses of the United States Congress. Nothing in this section shall be construed as prohibiting the Commission from working towards the return of any federally -held property in Guam, provided that the Commission immediately works towards the return of lands specified in this section. § 2003. Prohibiti onAgainst Commission Possessing or Disposing of Returned Land . The Commission shall not possess property returned as a result of its actions, nor shall it have any authority to dispose of federally -held property returned as a result of its actions or othe rwise. Lands returned by the Federal Government shall be accepted by the government of Guam in a manner consistent with the appropriate Guam laws prevailing at the time of the return. § 2004. Policy with Respect to Original Landowners. It is the policy of the government of Guam that land returned by the federal government to Guam be returned to the estates that held such property

§ 2004. Policy with Respect to Original Landowners. It is the policy of the government of Guam that land returned by the federal government to Guam be returned to the estates that held such property prior to the condemnations of said lands by the Federal Government. Exceptions to this policy shall be: (a) Lands clearly under e xisting public use. In such circum - stances, the government of Guam shall make good faith efforts to COL1201061GCA GENERAL PROVISIONS CH.20 GUAM LAND REPARATION COMMISSION 3derive a means of compensation for continued public use of such lands. (b) Lands that were Spanish Crown Lands, or otherwise passed directly into the posse ssion of the government of the United States with the Treaty of Paris at the end of the Spanish -American War. (c) Lands condemned by the government of the United States, or otherwise acquired, prior to July 21, 1944. (d) Land for which said original landho lder against whom condemnation was exercised was not an individual or family, but rather an organization, be it fraternal or either a profit -making or non - profit corporation, or otherwise. § 2005. Prohibition Against Hiring.

on was exercised was not an individual or family, but rather an organization, be it fraternal or either a profit -making or non - profit corporation, or otherwise. § 2005. Prohibition Against Hiring. Under no circumstances shall th e Commission hire or contract employees for any purpose. Any staff work required for the activities of the Commission shall be performed by existing staff in either the Legislative or Executive branches of the government of Guam as detailed for that purpos e bythe respective proper authority. ----------