Public Law 30-96 - An Act to transfer properties under the jurisdiction of the Port Authority of Guam to the jurisdiction of the Guam Ancestral Lands Commission, by adding a new §80105 (b) to Chapter 80 of Title 21, Guam Code Annotated

PO. Box 2950 Hagatfia, GU 96932 Tel: (671) 472-8931 • Fax: (671) 477-4826 • Email: governor@'guam.gov Felix P Camacho Governor Michael W. Cruz. \Ln Lieutenant Go·vernor The Honorable Judith T. Won Pat, Ed.D. Speaker I Mina· Trenta Na Liheslaturan Guahan 155 Hesler Place Hagatna, Guam 96910 Dear Speaker Won Pat: 3 o - Io - Od--1~ MAR 12 2010 l~Ji~[,o Hafa Adai! Transmitted herewith please find Bill 218-30,(LS) "AN ACT TO TRANSFER PROPERTIES UNDER THE JURISDICTION OF THE PORT AUTHORITY OF GUAM TO THE JURISDICTION OF THE GUAM ANCESTRAL LANDS COMMISSION, BY ADDING A NEW § 80105 (A) TO TITLE 21, GUAM CODE ANNOTATED" which was signed into law on March 12, 2010 as Public Law 30-96. Though I wholeheartedly support the intent of this measure, I feel I must state for the record that this act is merely the first step in what must become a two-step process. As you know, the presence of the "reversionary clause" within the quitclaim deed attached to these properties, would allow the Secretary of the Navy to reassert ownership of these lands at his discretion and in spite of local law. As was discussed in detail at the public hearing for this matter, and given the circumstances under which these lands were taken in the first place, the 30th Guam Legislature, and Guam's Delegate to Congress must take all necessary and proper steps to insure that this clause is either never executed or removed entirely by the US Congress. Once returned, these lands must remain within the control of their original landowners, and there should be no question as to their long-term ownership. As was also noted in this matter's committee report, the parcels designated for return by this act may be "wetlands" or a part of an environmental reserve. Though either status may make the development of these lands extremely difficult, I agree that all original landowners have a lasting claim to properties which were taken by the military and returned in subsequent years. It is my sincere hope that the return of these lands will provide some measure of closure to the effected families. And I thank the Legislature for their continuing work on this matter. MICHAEL W. CRUZ, M.D. I Maga 'lahen Guahan para pa 'go Acting Governor of Guam Attachment: copy of Bill I MINA'TRENTA NA LIHESLATURAN GuAlIAN 2010 (SECOND) Regular Session ' CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAHAN This is to certify that Bill No. 218-30 (LS), "AN ACT TO TRANSFER PROPERTIES UNDER THE JURISDICTION OF THE PORT AUTHORITY OF GUAM TO THE JURISDICTION OF THE GUAM ANCESTRAL LANDS COMMISSION, BY ADDING A NEW ยง80105 (b) TO CHAPTER 80 OF TITLE 21, GUAM CODE ANNOTATED," was on the 26th day of February, 2010, duly and regularly passed. Muiia Barnes e Secretary This Act was received by I Maga'lahen Guahan this , : 4'0 o'clock E .M. APPROVED: Date: !. .. /2, " /0 Public Law No. ~ -4'f ~ Judith T. Won Pat, Ed. D. Speaker I day of J'ttMe.J.---, 2010, at Maga'lahi's Office I MINA 'TRENTA NA LIHESLATURAN GUAHAN 2009 (FIRST) Regular Session Bill No. 218-30 (LS) As amended by the Committee on Appropriations, Taxation, Banking, Insurance, Retirement, and Land, and further amended on the Floor. Introduced by: T. R. Muiia Barnes E. J.B. Calvo Judith T. Won Pat, Ed.D. T. C. Ada F. B. Aguon, Jr. B. J.F. Cruz F. F. Blas, Jr. J. V. Espaldon Judith P. Guthertz, DP A Adolpho B. Palacios, Sr. v. c. pangelinan R. J. Respicio Telo Taitague Ray Tenorio AN ACT TO TRANSFER PROPERTIES UNDER THE JURISDICTION OF THE PORT AUTHORITY OF GUAM TO THE JURISDICTION OF THE GUAM ANCESTRAL LANDS COMMISSION, BY ADDING A NEW ยง80105 (b) TO CHAPTER 80 OF TITLE 21, GUAM CODE ANNOTATED. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslatura finds that 3 certain ancestral lands in the municipalities of Piti, Sumay and Agat were 4 condemned under Civil Action No. 5-49 by the Naval Government of Guam 5 creating the Apra Harbor Reservation Boundary. Eventually, the United States 1 โ�ข 1 Quitclaimed portions of the Apra Harbor Reservation to the Government of Guam 2 in December 1984 containing certain parcels, with eventual transfer to the 3 Commercial Port of Guam, and eventually to the Port Authority of Guam (P AG) 4 for development. In formal conferences and legislative session meetings between 5 the PAG and I Liheslatura (the Legislature), it has been stated by the PAG board, 6 management, and personnel that the P AG does not have any future plans for the 7 development or use of certain portions of the parcels under their jurisdiction. 8 Therefore, I Liheslatura intends to transfer such land parcels and properties 9 to the Guam Ancestral Lands Commission so that the Guam Ancestral Lands 10 Commission shall proceed with the return of such land parcels and properties to 11 the original landowners or their estates, pursuant to the Commission's enabling 12 legislation and mandates. 13 Section 2. The existing ยง80105 is hereby renumbered to ยง80105(a) and a 14 new (b) is hereby added to ยง80105 of Chapter 80, Title 21, Guam Code Annotated, 15 to read as follows: 16 "(b) Portions of Parcel 1 South of Route 18 and contiguous to the 17 North of Apra Harbor Parcel 6, also abutting Marine Corps Drive on the 18 east, specifically original Lots 159 and 159-1, all in the municipality of Piti. 19 The property shall be transferred and shall be deeded to the Guam Ancestral 20 Lands Commission within thirty (30) days of the effective date of this Act. 21 The Guam Ancestral Lands Commission shall within one hundred eighty 22 (180) days dispose of the land parcels and lots transferred by this Act in a 23 manner consistent with and pursuant to its enabling legislation and its 24 mandates. All pre-condemnation roads, easements and bull cart trails shall 25 remain as easements for public access and utilities. The transferred property 26 shall be zoned "A" - Agricultural zone." 2 1 Section 3. The Department of Land Management shall plot, plan, design, 2 and provide within sixty (60) days of enactment an aerial overlay map delineating 3 all road easements, bull-cart trails, and public access as to determine such access or 4 easements location in relation to the return subject lot that no lot is landlocked. 5 The overlay shall show all original lot lines generally. 6 Section 4. Severability. If any of the provisions of this Act or the 7 application thereof to any person or circumstance is held invalid, such invalidity 8 shall not affect any other provision or application of this Act which can be given 9 effect without the invalid provision or application, and to this end the provisions of IO this Act are severable. 3 i'