21 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 1 CHAPTER 80 GUAM ANCESTRAL LANDS COMMISSION § 80101. Definitions. § 80102. Affirmation of and Authorization to Exerci se a Fundamental Civil Right in Ancestral Real Property Also Known as Lands. § 80103. Guam Ancestral Lands Commission. § 80104. Powers and Duties of the Commission. § 80105. Transfer of Property to the Guam Ancestral Lands Commission. § 80106. Comprehensive Zoning Plan. § 80101. Definitions. Whenever used in this Chapter: (a) Ancestral Lands shall mean those lands owned privately by residents of Guam on or after January 1, 1930. (b) Ancestral Lands Title shall mean that right and interest entitling an owner or owner’s descendants or heirs to the repossession of property taken by the United States of America or the government of Guam on or after January 1, 19 30, having thereafter been declared excess or, where not decla red excess, in exchange therefor. (c) Ancestral Property Right shall mean the right a nd interest that a private property owner has in relat ion to inherited land or lands possessed by private proper ty owner’s ancestor. ge therefor. (c) Ancestral Property Right shall mean the right a nd interest that a private property owner has in relat ion to inherited land or lands possessed by private proper ty owner’s ancestor. (d) Ancestral Title Registry shall mean the registr y into which is entered all information pertaining to ance stral land claimants who are granted land title, either by lan d exchange or land recovery, in exchange for the permanent exting uishment of all claims thereto. (e) Applicant shall mean any person or persons, leg al entity or government, who files a claim in accordan ce with Chapter 80 of Title 21 of the Guam Code Annotated, and Articles 9 and 9A of Title 12 of the Guam Code Anno tated. COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 2 (f) Claims Registry shall mean the registry into wh ich is entered information based on a determination by the Commission that a valid basis exists for an ancestr al title claim by an applicant. (g) Commission shall mean the Guam Ancestral Lands Commission. (h) Conditional Awards Registry shall mean the regi stry into which is recorded information in relation to e ach determination made by the Commission with respect t o Guam Ancestral Lands Commission. (h) Conditional Awards Registry shall mean the regi stry into which is recorded information in relation to e ach determination made by the Commission with respect t o an ancestral title and compensation application made b y a claimant. (i) Determination shall mean an administrative ruli ng by the Commission with respect to an applicant’s reque st for an extinguishment of an ancestral claim. (j) Excess Lands Registry shall be a listing of all lands declared excess by the Federal government and acqui red by the government of Guam on or after the effective date o f this Act. (k) Just compensation for the purposes of Chapter 8 0 of Title 21 of the Guam Code Annotated, and Articles 9 and 9A of Title 12 of the Guam Code Annotated, as amended, shall mean only land recovery or land exchange, and shall also mean any other form of compensation other than a specifi cally described available land. (l) Original land shall mean the actual specificall y described land, in whole or in part, which was conf iscated or condemned by the United States of America or the go vernment of Guam on or after January 1, 1930, and have been thereafter declared excess to which a d, in whole or in part, which was conf iscated or condemned by the United States of America or the go vernment of Guam on or after January 1, 1930, and have been thereafter declared excess to which a prior private ownership interest held by a resident of Guam on January 1, 1930 was p reviously attached. (m) Original landowners registry shall mean the reg istry into which information pertaining to all lands take n and the names of owners whose properties were confiscated o r condemned on or after January 1, 1930. COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 3 (n) Replacement land shall mean land surplus to the Federal government or the government of Guam, and n ot in public benefit use, or needed for public benefit us e, to which no private ownership interest was attached on Janua ry 1, 1930, and which may be used as a replacement for original lands confiscated or condemned by the United States gover nment or the government of Guam. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). § 80102. Affirmation of and Authorization to Exerci se a Fundamental Civil Right in Ancestral Real Property Also Known as Lands. the government of Guam. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). § 80102. Affirmation of and Authorization to Exerci se a Fundamental Civil Right in Ancestral Real Property Also Known as Lands. (a) The responsibility of the government of Guam to enforce rights in private property, as a civil right, pursu ant to the laws of the United States of America applicable to Guam and the Laws of Guam is hereby acknowledged and reaffirmed. The res ponsibility of the government of Guam to also enforce the entire c ommunity’s rights in public property, as common property, is a lso hereby acknowledged and reaffirmed. (b) The government of Guam expects to eventually ac cept transfer of the ownership of lands to be disposed u nder ‘The Guam Excess Lands Act’ through the U. S. General Service s Agency and as a result of decisions in 1993 and 1995 issued by the U.S. Base Realignment and Closure Commission, subject to cert ain specified encumbrances, including un-relinquished property ri ghts retained either by the United States of America or other pri or owners, with applicable judicial procedures available should dis putes arise. encumbrances, including un-relinquished property ri ghts retained either by the United States of America or other pri or owners, with applicable judicial procedures available should dis putes arise. However, it is recognized that a process does not n ow exist to recognize the ancestral land rights of landowners w hose properties have not been declared surplus and may not ever be declared surplus by the military in the future. Likewise, the proces s established by Guam Public Law Number 22-145 for disposal of three thousand two hundred (3,200) acres of Guam excess lands does not apply to claimants whose claims are attached to excess land elsewhere. (c) I Liheslaturan Guåhan recognizes that the rights of landowners to full use and enjoyment of their priva te property was long deprived because of unsettled issues described in the foregoing § 80103 of this Chapter. Therefore, to restore the rights of COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 4 landowners to the use of their ancestral lands, I Liheslaturan Guåhan through this Chapter hereby affirms and formally recognizes the ‘Ancestral Property Right’; establis hes an administrative process for the s to the use of their ancestral lands, I Liheslaturan Guåhan through this Chapter hereby affirms and formally recognizes the ‘Ancestral Property Right’; establis hes an administrative process for the exercise of that rig ht; and creates the Guam Ancestral Lands Commission and authorizes the Commission to administer the provisions of this Chapter in ord er that original landowners, their heirs and their descendants may e xpeditiously exercise all their fundamental civil rights in the property they own. The exercise of ‘ancestral property right’ claims s hall be applicable to lands already declared excess by the Federal gov ernment and shall also be applicable to all future declaration of excess lands either by the United States Government or by the go vernment of Guam. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). § 80103. Guam Ancestral Lands Commission. (a) There is within the government of Guam the Gua m Ancestral Lands Commission to carry out the purpose s of this Chapter. (1) The Commission shall be composed of seven (7) members appointed by I Maga’låhen Guåhan, with the advice and consent of I Liheslatura (the Legislature). to carry out the purpose s of this Chapter. (1) The Commission shall be composed of seven (7) members appointed by I Maga’låhen Guåhan, with the advice and consent of I Liheslatura (the Legislature). (A) Commissioners shall be residents of Guam and descendants or heirs of ancestral land owners. (B) Members shall serve terms of four (4) years; provided, however, that of the members first appoin ted under this statute, two (2) shall be appointed for a term of one (1) year, two (2) shall be appointed for a term of two (2) years, and three (3) shall be appointed for a t erm of four (4) years. (2) The current appointed members of the GALC shall continue to serve until the end of their current ap pointed terms. (b) Vacancies. Vacancies in the membership of the Commission shall be filled by appointment by I Maga’låhen Guåhan in the same manner as initial appointments, as provided in Subsection (a) of this Section. Persons filling a v acancy must COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 5 undergo the Legislative confirmation process, and shall serve for the unexpired portion of the term. (c) Quorum. v acancy must COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 5 undergo the Legislative confirmation process, and shall serve for the unexpired portion of the term. (c) Quorum. Four (4) Commissioners present shall constitute a quorum of the Commission for the conduct of admin istrative business. Five (5) Commissioners present shall constitute a quorum of the Commission to determine a land claim. A vote of a majority of the Commission members present shall be required for any action of the Commission. (d) Administration. The Commission shall adopt rules and regulations governing the conduct of its affairs. I t shall elect a chairperson and vice chairperson from among the Com missioners, and may employ an executive director and such staff as is necessary to carry out the duties set forth in this Chapter. (e) Stipend. Each Commissioner shall receive the sum of Fifty Dollars ($50.00) for attendance of each meeting of the Commission; provided, that such compensation shall not exceed One Hundred Dollars ($100.00) per month. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). Amended by P.L. 25- 180:2 (Jan. 3, 2001) to reduce quorum requirement. Amended by P.L. nsation shall not exceed One Hundred Dollars ($100.00) per month. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). Amended by P.L. 25- 180:2 (Jan. 3, 2001) to reduce quorum requirement. Amended by P.L. 33- 197:1 (Dec. 15, 2016). 2017 NOTE: Subitem designations added pursuant to the authorit y of 1 GCA § 1606. § 80104. Powers and Duties of the Commission. (a) Commission to Establish Ancestral Lands Regist ries. The Commission is directed to establish and maintain fi ve (5) separate registries for the purposes of recording accurate i nformation in the settlement of ancestral claims, as set out in the S ubsections below. (1) Original Landowners Registry. The Original Landowners Registry is a listing of all lands taken under the names of owners of record at the time of taking who se properties were confiscated or condemned by the Uni ted States of America, or by the government of Guam on or afte r January 1, 1930, as well as other pertinent location and ow nership information in relation to the property. The Origin al Landowners Registry shall be used for the purpose o f confirming an applicant’s property claim, for futur e COL919201821 GCA REAL PROPERTY CH. p information in relation to the property. The Origin al Landowners Registry shall be used for the purpose o f confirming an applicant’s property claim, for futur e COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 6 extinguishment upon receipt of just compensation, a s defined by this Chapter. (2) Excess Lands Registry. The Excess Lands Registr y is a listing of all lands that have been declared exce ss by the Federal government or the government of Guam, inclu ding all lands that may be declared excess in the future by the government of Guam. The Excess Lands Registry shall be used for the purpose of identifying a specified lot or l ots of land with which the Commission may use as just compensat ion in extinguishing ancestral claims. (3) Claims Registry. The Claims Registry is a listi ng of all claims to ancestral title filed by applicants. (4) Conditional Awards Registry. The Conditional Awards Registry is a listing of conditional awards of just compensation. (5) Ancestral Title Registry. The Ancestral Title R egistry is a listing of applicants granted land title in re turn for the surrender of all their ancestral property claims. (b) Duties of Commission. 5) Ancestral Title Registry. The Ancestral Title R egistry is a listing of applicants granted land title in re turn for the surrender of all their ancestral property claims. (b) Duties of Commission. In establishing all five (5) registries established in this Section, (1) the Commission or designated staff shall invest igate, record, file, report and respond to requests by anc estral land claimants for remedy, including government of Guam, whose land was taken by the United States or by the gover nment of Guam on or after January 1, 1930. Remedy includes j ust compensation, as defined in § 80101 of this Act, wh ich for purposes of this Chapter is defined as limited to t he return of land or access to landlocked lots across public lan ds, if public lands block access to private property. (2) The Commission shall establish, in accordance w ith the Administrative Adjudication Law, written proced ures for extinguishment of Claims, award of just compensatio n and recordation of Ancestral Land Title, as well as oth er rules and regulations required to administer this Chapter. COL919201821 GCA REAL PROPERTY CH. ishment of Claims, award of just compensatio n and recordation of Ancestral Land Title, as well as oth er rules and regulations required to administer this Chapter. COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 7 (3) The Commission shall promulgate rules and regulations to administer the Commission’s function s in a fair, just, economical and expedient way, and shall estab lish fees and specify materials reasonably required to accomp any applications in order to extinguish a claim in favo r of a just compensation award. (c) Four (4) Step Process for Extinguishment of Cla ims, Award of Just Compensation, and Recordation of Ancestral Land Title. The following four (4) step process shall be detailed w ithin appropriate written procedures and rules and regulations to be prescribed by the Commission. Step 1: Filing of Ancestral Claim B Applicant in this first step submits an application to the Commission conta ining applicant’s assertion that applicant and others, if any, hold ancestral title in relation to a specified lot of l and by virtue of inheritance. Based upon the information provided, the Commission shall make a determination if in fact a valid basis if any, hold ancestral title in relation to a specified lot of l and by virtue of inheritance. Based upon the information provided, the Commission shall make a determination if in fact a valid basis for an ancestral title claim exists. The ancestral title claim shall then be entered in the Claims Registry. The C laims Registry shall contain the information required to be entered, as established by the Commission by rules and regul ations. The Commission must accept an application for determina tion of claim, provided the following minimum information i s given: (1) date on which application was submitted to the Commission; (2) whether the application was submitted to the Commission, or Commission’s designee, and the name of the Commission or designee; (3) name and address for service of notification to the person(s) who is the claimant (This is the pers on who shall be the registered ancestral title claimant.); (4) the area of land covered by the claim, includin g property descriptions and maps; (5) description of the persons who it is claimed ho ld the ancestral title; and COL919201821 GCA REAL PROPERTY CH. 4) the area of land covered by the claim, includin g property descriptions and maps; (5) description of the persons who it is claimed ho ld the ancestral title; and COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 8 (6) other details about the claim as the Commission may deem appropriate. The Claims Registry may be inspected by any member of the public during normal business hours. No part o f the Claims Registry are to be kept confidential from th e public. The Commission must ensure that the Claims Registry is kept updated with details of any claims contained i n applications given to the Commission, or of any app lication for amendments to a claim after a determination. Step 2: Ancestral Title and Compensation Applicatio n. An applicant may exercise applicant’s right to exti nguish an ancestral claim by submitting an application to the Commission for a determination of a conditional tit le and compensation award. An applicant may submit an app lication in prescribed form for any of the following three ( 3) categories defined: Category 1: Ancestral Title Determination B for a determination of ancestral title in relation to an area for which there is no prescribed form for any of the following three ( 3) categories defined: Category 1: Ancestral Title Determination B for a determination of ancestral title in relation to an area for which there is no approved determination of ancestr al title; Category 2: Compensation Application. This Chapter sets forth two (2) forms of compensation for future title claims which shall be either the return of original ancestral land, or just compensation, as defined in § 80101 of this Act, based upon mutually satisfactory negotiations between the government and the applica nt. Before relinquishment of exchange land the Commissi on shall certify that the exchange lands show no histo ry of ancestral ownership or ancestral ownership claim on or after January 1, 1930. The Commission must accept an ancestral title and compensation application provided the following req uirements are met by the claimants: (1) that the kind of application falls within the t hree (3) categories defined above; COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 9 (2) is in the prescribed form, as established by th e Commission; (3) contains the information required and as prescribed in relation to the GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 9 (2) is in the prescribed form, as established by th e Commission; (3) contains the information required and as prescribed in relation to the matters sought to be determined; (4) provide accompanying documents at the very minimum of which include: (A) a sworn affidavit that the applicant: (i) believes that ancestral title has not been extinguished in relation to any part of the land claimed; and (ii) believes that all of the statements made in the application are true; (B) a statement containing all information known to the applicant about interests in relation to any of the land or waters concerned that are held b y persons other than as ancestral title holders; (C) a description and map of the area over which the ancestral title is claimed; (D) evidence of heirship; (E) name and address of the person who is to be considered the claimant (The name of the person given under this item will become the registered ancestral title claimant.); and (5) all accompanying fees as prescribed by the Commission. Step 3: Conditional Award of Just Compensation. the person given under this item will become the registered ancestral title claimant.); and (5) all accompanying fees as prescribed by the Commission. Step 3: Conditional Award of Just Compensation. In awarding ancestral title and just compensation, the Commission shall issue a Certification of Award of Just Compensation on Condition of Extinguishment of Ance stral Title Claim. The Certification of Award of Just Co mpensation shall be entered into the Conditional Awards Regist ry. The Conditional Awards Registry shall contain as much o f the information in relation to each determination as mu st be COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 10 entered into the Register, at a minimum of which sh all consist of: (1) name of the Commission or designee that made the determination; (2) date on which the determination was made; (3) area, location, and description of specific lan d covered by the determination; (4) the matters determined; and (5) other details about the determination or decisi on as the Commission deems appropriate. The Conditional Awards Registry shall be made avail able for the public’s inspection during normal business hours. er details about the determination or decisi on as the Commission deems appropriate. The Conditional Awards Registry shall be made avail able for the public’s inspection during normal business hours. Step 4: Extinguishment of Ancestral Land Claim B An ancestral land claimant is granted claimant’s land title either by land exchange or land recovery on the condition tha t the ancestral title holder surrenders all rights and in terests in relation to ancestral land claims thereby permanent ly extinguishing all rights, interests and claims to t he claims. Upon the Commission’s issuance of title by an award of just compensation and extinguishment of claims, the ance stral title holder’s name is removed from the Conditional Award s Registry, and is entered into the Ancestral Lands T itle Register by the Commission. The Commission shall prescribe the appropriate form to effectuate issuance of compensa tion and extinguishment of ancestral claim. The Commission shall ensure that the ancestral title holder is issued a suitable property conveyance deed in full satisfaction of an cestral title holder’s ancestral title award. of ancestral claim. The Commission shall ensure that the ancestral title holder is issued a suitable property conveyance deed in full satisfaction of an cestral title holder’s ancestral title award. Once listed as anc estral title holder after acceptance of specifically described l and, the holder and all of holder’s heirs, successors and as signs, and those who may assert subsequent claims derived from the holder, are forever barred from reentry into the Cl aims Registry. (d) Director of Land Management to Reserve All Futu re Lands Received by Government of Guam Declared Excess for Entry into COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 11 Excess Lands Registry. For the purposes of administ ering this Section, the Director of Land Management is authori zed and required to reserve all future lands received by th e government of Guam declared excess, and ensure that all informati on pertaining to excess lands, both current and future, are sent to the Commission for entry into the Excess Lands Registry. The Commissio n shall maintain and give the public the right to review th e Excess Lands Registry. (e) Land Bank. rent and future, are sent to the Commission for entry into the Excess Lands Registry. The Commissio n shall maintain and give the public the right to review th e Excess Lands Registry. (e) Land Bank. The Commission shall take title, as Trustees, of former Spanish Crown Lands and other non-ancestral lands that are conveyed by the Federal government to the governmen t of Guam after the effective date of this Act, on behalf of ancestral landowners who, by virtue of continued government or public be nefit use cannot regain possession or title to their ancestral lands . The Commission shall establish a Guam-based trust t o administer all assets and revenues of the land bank of the aforementioned lands and manage the lands, and act as the developer of the lands, if necessary, to the highes t and best use. The Commission shall establish rules and regulations pu rsuant to the Administration Adjudication Law for the Guam-based trust. The resulting income shall be used to provide just comp ensation for those dispossessed ancestral landowners. (f) Notification of Extinguishment of Ancestral Cla ims. on Law for the Guam-based trust. The resulting income shall be used to provide just comp ensation for those dispossessed ancestral landowners. (f) Notification of Extinguishment of Ancestral Cla ims. The Commission shall ensure that all parties whose inte rests may be affected in the extinguishment of an ancestral clai m are notified in writing, if at all possible, and through public not ice in a Guam newspaper of general circulation. (g) Appeal Through Judicial Process. If disputes ar ise from an application which cannot be resolved by the Commiss ion, then any of the opposing parties may invoke the judicial pro cess at the party’s expense. (h) Guam Ancestral Lands Commission Survey, Infrastructure, and Development Fund. (1) The Guam Ancestral Lands Commission shall create a special fund called the Guam Ancestral Lands Comm ission Survey, Infrastructure, and Development Fund (Fund) , which COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 12 shall be maintained separate and apart from any other fu nds, and shall not be subject to the transfer authority of I Maga′låhen Guåhan. 21 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 12 shall be maintained separate and apart from any other fu nds, and shall not be subject to the transfer authority of I Maga′låhen Guåhan. (2) Notwithstanding any other provision of law requ iring the deposit of proceeds to other funds, the Fund sh all receive the net proceeds of all leases of Apra Harbor Reser vation F-12 and Parcel N14-1 (the Polaris Point parcels) under the jurisdiction of the Guam Ancestral Lands Commission . (3) The Fund shall be used for the surveying and mapping, purchase and installation of infrastructur e, including paved access roads and commercial development, of G uam Ancestral Lands Commission properties, and for the administrative, operational, and financial support of these efforts. (4) The Commission shall submit a report on a semi- annual basis to the Speaker of I Liheslaturan Guåhan of the revenues collected and expended from the Fund, and post the same on the website of the Guam Ancestral Lands Commission. The Fund shall be subject to audit by the Guam Public Auditor. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). Subsectio n (c) repealed and reenacted by P.L. 25-178:4 (Jan. 3, 20 01). ands Commission. The Fund shall be subject to audit by the Guam Public Auditor. SOURCE: Added by P.L. 25-045:3 (June 9, 1999). Subsectio n (c) repealed and reenacted by P.L. 25-178:4 (Jan. 3, 20 01). Subsection (h) added by P.L. 34-108:2 ( June 5, 2018). 2017 NOTE: Subitem designations altered pursuant to the author ity of 1 GCA § 1606. § 80105. Transfer of Property to the Guam Ancestral Lands Commission. (a) Except in such circumstances where existing ro ads or easements may have been transferred to the Departme nt of Public Works, any properties conveyed to the jurisdiction of the Department of Public Works in the area of Tiyan, fo rmerly known as Naval Air Station, Agana (Brewer Field), are tra nsferred to the Guam Ancestral Lands Commission and shall be deeded to the Guam Ancestral Lands Commission upon the effective date of this Act. The Guam Ancestral Lands Commission shall disp ose of properties transferred pursuant to this Act in a ma nner consistent COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 13 with and pursuant to the enabling legislation of th e Guam Ancestral Lands Commission. ant to this Act in a ma nner consistent COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 13 with and pursuant to the enabling legislation of th e Guam Ancestral Lands Commission. (b) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original Lots 159 a nd 159-1, all in the municipality of Piti. The property shall be transf erred and shall be deeded to the Guam Ancestral Lands Commission withi n thirty (30) days of the effective date of this Act. The Guam A ncestral Lands Commission shall within one hundred eighty (180) da ys dispose of the land parcels and lots transferred by this Act i n a manner consistent with and pursuant to its enabling legisl ation and its mandates. All pre-condemnation roads, easements an d bull cart trails shall remain as easements for public access and utilities. The transferred property shall be zoned 'A' – Agricultu ral zone. (c) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. A' – Agricultu ral zone. (c) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 66, originally owned by the Estates of Jose C. Leon Guerrero; Joaq uin C. Leon Guerrero; Gil C. Leon Guerrero; Antonio C. Leon Gue rrero; Filomena C. Leon Guerrero; Wenceslao C. Leon Guerre ro and William C. Leon Guerrero. The property shall be transferred and shall be deeded to the Guam Ancestral Lands Commiss ion within thirty (30) days of the effective date of this Act. The Guam Ancestral Lands Commission shall within one hundred eighty (180) days dispose of the land parcel and lot transferred by this Act in a manner consistent with and pursuant to its enabling legislation and its mandates. All pre-condemnation roads, easement s and bull cart trails shall remain as easements for public access and utilities. The transferred property shall be zoned 'A' – Agricultu ral zone. (d) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. A' – Agricultu ral zone. (d) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 35-1, originally owned by the Estate of Caridad Quitugua Hart, in th e municipality of Piti. The property shall be transferred and shall be deed ed to the Guam Ancestral Lands Commission within thirty (30) days of the effective date of this Act. The Guam Ancestral Lan ds Commission shall within one hundred eighty (180) days dispose of the land parcel and lot transferred by this Act in a manner consistent with COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 14 and pursuant to its enabling legislation and its ma ndates. All pre- condemnation roads, easements and bull cart trails shall remain as easements for public access and utilities. The tra nsferred property shall be zoned 'A' – Agricultural zone. (e) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 'A' – Agricultural zone. (e) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 36-A PI, originally owned by the Estate of Juan San Nicolas Manibusan, in the municipality of Piti. The property shall be transferred and shall be deeded to the Guam Ancestral Lands Commission withi n thirty (30) days of the effective date of this Act. The Guam A ncestral Lands Commission shall within one hundred eighty (180) da ys dispose of the land parcel and lot transferred by this Act in a manner consistent with and pursuant to its enabling legislation and i ts mandates. All pre-condemnation roads, easements and bull cart tra ils shall remain as easements for public access and utilities. The transferred property shall be zoned 'A' – Agricultural zone. (f) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 36-A 2 PI, originally owned by the Estate of Caridad Quitugua Hart, in the municipality of Piti. Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 36-A 2 PI, originally owned by the Estate of Caridad Quitugua Hart, in the municipality of Piti. The property shall be transferred and shall be deeded to the Guam Ancestral Lands Commission withi n thirty (30) days of the effective date of this Act. The Guam A ncestral Lands Commission shall within one hundred eighty (180) da ys dispose of the land parcel and lot transferred by this Act in a manner consistent with and pursuant to its enabling legislation and i ts mandates. All pre-condemnation roads, easements and bull cart tra ils shall remain as easements for public access and utilities. The transferred property shall be zoned 'A' – Agricultural zone. (g) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 28 PI, originally owned by the Estate of Tiburcio Ada Santos, in the municipality of Piti. The property shall be transferred and shall be deed ed to the Guam Ancestral Lands Commission within thirty (30) days of the effective date of this Act. urcio Ada Santos, in the municipality of Piti. The property shall be transferred and shall be deed ed to the Guam Ancestral Lands Commission within thirty (30) days of the effective date of this Act. The Guam Ancestral Lan ds Commission shall within one hundred eighty (180) days dispose of the land COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 15 parcel and lot transferred by this Act in a manner consistent with and pursuant to its enabling legislation and its ma ndates. All pre- condemnation roads, easements and bull cart trails shall remain as easements for public access and utilities. The tra nsferred property shall be zoned 'A' – Agricultural zone. (h) GLUP Parcel 1AF, a portion of Andersen Air Forc e Base Communications Annex No. 2-AJKE, consisting of appr oximately 252.83 acres, and certain Federal surplus real prop erty located in Barrigada, known as the NAVCAMS WESTPAC Parcel IN, consisting of approximately 61.45 acres shall be tr ansferred and deeded to the Guam Ancestral Land Commission (GALC) within thirty (30) days of the enactment of this Act. The GALC shall dispose of the land parcels and lots transferred by this Act in a manner consistent d to the Guam Ancestral Land Commission (GALC) within thirty (30) days of the enactment of this Act. The GALC shall dispose of the land parcels and lots transferred by this Act in a manner consistent with and pursuant to its enabling legislation and its mandates. (i) Portions of Parcel 1 South of Route 18 and contiguo us to the North of Apra Harbor Parcel 6, also abutting Ma rine Corps Drive on the east, specifically original lot: No. 1 27 PI, originally owned by the Estate of Maria Salas San Nicolas, Ant onia Salas San Nicolas, Carlina San Nicolas Rapolla, Joaquin S. Sa n Nicolas, Juan S. San Nicolas, Maria S.-CI# 8383, San Nicolas, Dol ores Wusstig San Nicolas, Rosario San Nicolas Iriarte, Consolaci on S. San Nicolas, Ignacia San Nicolas Aflleje, Dolores C. Sa n Nicolas, and Ana San Nicolas Sanford, in the municipality of Pit i. The property shall be transferred and shall be deeded to the Gua m Ancestral Lands Commission within thirty (30) days of the eff ective date of this Act. The Guam Ancestral Lands Commission shal l within one hundred eighty (180) days dispose of the land parce l and lot transferred by this Act in a manner consistent with and pursuant to its enabling t. The Guam Ancestral Lands Commission shal l within one hundred eighty (180) days dispose of the land parce l and lot transferred by this Act in a manner consistent with and pursuant to its enabling legislation and its mandates. All pre -condemnation roads, easements and bull cart trails shall remain as easements for public access and utilities. The transferred prope rty shall be zoned 'A' – Agricultural zone. SOURCE: Added by P.L. 27-113 as section 80106, renumbered by Compiler to vacant section 80105. Subsections (a) and (b), numbered and added, respectively, by P.L. 30-096:2 (Mar. 12, 201 0). Subsections (c) and (d), added by P.L. 30-142:2 (May 12, 2010) and P.L. 30-150:2 (May 12, 2010), respectively. Subsections (e), (f), and (g), added by P.L. 30-205:2 (Dec. 13, 2010), P.L. 30-206:2. (Dec. 13, 2010), a nd P.L. 30-207:2 (Dec. COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 16 13, 2010), respectively. Subsection (h) added by P .L. 31-134:2 (Nov. 17, 2011). Subsection (i) added by P.L. 32-013:2 (Apr. 11, 2013). § 80106. Comprehensive Zoning Plan. (a) A Provisional Commission for the Zoning of Ancestra l Lands, hereinafter referred to as the 'Provisional Subsection (i) added by P.L. 32-013:2 (Apr. 11, 2013). § 80106. Comprehensive Zoning Plan. (a) A Provisional Commission for the Zoning of Ancestra l Lands, hereinafter referred to as the 'Provisional Commission', is established to include the Executive Director of th e Guam Ancestral Lands Commission, the Director of Land Management, the Administrator of the Guam Environmental Protection Agency, the Director of Agriculture and the Director of the Bur eau of Statistics & Plans . The Executive Director of the Guam Ancestral Land s Commission shall serve as chairperson of the Provis ional Commission. Members of the Provisional Commission s hall assign employees from their respective departments to assist the Commission in its work. (b) The Provisional Commission shall complete a comprehensive zoning plan for all properties and pa rcels under the jurisdiction of the Guam Ancestral Lands Commis sion, including parcels that have been previously deeded to ancestral land claimants in accordance with the statutes, rul es and regulations governing the Guam Ancestral Lands Comm ission but have not, as of the effective date of this Act, been zoned or rezoned by any means. laimants in accordance with the statutes, rul es and regulations governing the Guam Ancestral Lands Comm ission but have not, as of the effective date of this Act, been zoned or rezoned by any means. If a parcel under the jurisdi ction of the Guam Ancestral Lands Commission, including parcels that have been previously deeded to ancestral land claimants in accordance with the statutes, rules and regulations governing the Guam Ancestral Lands Commission, has been previously zon ed or rezoned by any means other than that mandated herei n, said parcel shall not be rezoned by the comprehensive zoning plan mandated by this Section. (c) In formulating the comprehensive zoning plan, t he Provisional Commission shall request and consider t he opinions of all affected ancestral land claimants. The Provi sional Commission shall conduct hearings and present a dra ft zoning plan to claimants before it adopts the plan. (d) The Provisional Commission shall approve the pl an by the affirmative vote of at least three (3) of the five (5) members before transmittal to the Ancestral Lands Commission. COL919201821 GCA REAL PROPERTY CH. ional Commission shall approve the pl an by the affirmative vote of at least three (3) of the five (5) members before transmittal to the Ancestral Lands Commission. COL919201821 GCA REAL PROPERTY CH. 80 GUAM ANCESTRAL LANDS COMMISSION 17 (e) After the Provisional Commission approves the comprehensive zoning plan, it shall transmit the pl an to the Ancestral Lands Commission, which shall approve the plan by a resolution signed by a majority of its members. The Ancestral Lands Commission shall attach this resolution to the plan and transmit the same to I Maga’lahi. (f) I Maga’lahen Guåhan shall approve the comprehensive zoning plan by a written memorandum which he shall attach to the plan and the approval resolution of the Ancestral L ands Commission and transmit the same to I Liheslaturan Guåhan. (g) The comprehensive zoning plan mandated by this Section shall be subject to the approval of I Liheslaturan Guåhan in bill form. SOURCE : Added by P.L. 28-133:1 (July 11, 2006) as § 8010 5; recodified to this section by the Compiler pursuant to the aut hority granted by 1 GCA § 1606. ---------- COL9192018
Guam Legal Code