Act amending Chapter 75 of Title 21 of the Guam Code

I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68371.htm[15.01.2025 17:38:05] Public Law 27-133 I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN 2003 (FIRST) Regular Session Bill No. 242 (COR) As substituted by the Committee on Utilities and Land, and amended on the Floor. Introduced by: L. A. Leon Guerrero v. c. pangelinan Toni Sanford F. B. Aguon, Jr. J. M.S. Brown F. R. Cunliffe Carmen Fernandez Mark Forbes L. F. Kasperbauer R. Klitzkie J. A. Lujan T. R. Muña Barnes J. M. Quinata R. J. Respicio Ray Tenorio AN ACT TO AMEND §75107(a), §75108(c), AND §75108(d) OF CHAPTER 75 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO ADDING AQUACULTURE TO THE ACCEPTABLE USES OF CHAMORRO HOMELANDS. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslaturan Guåhan finds that “Aquaculture” is not included as an acceptable purpose for lease of Chamorro Homelands. I Liheslaturan Guåhan recognizes that aquaculture farming has the potential to be a significant industry on Guam. It is the intent of I Liheslaturan Guåhan to include aquaculture as a “best use” purpose for which Chamorro Homelands are to be leased. Section 2. §75107(a) of Chapter 75, Subpart E, Title 21 of the Guam Code Annotated, is hereby amended to read as follows: “(a) The Commission is authorized to lease to native Chamorros the right to the use and occupancy of a tract or tracts of Chamorro homelands within the following acreage limits per each lessee: (1) not less than one quarter (0.25) acre, nor more than one half (0.50) acre for subsistence agricultural or aquaculture farming; (2) not less than one half (0.50) acre, nor more than twenty (20) acres for commercial agricultural or aquaculture use; (3) not less than one (1) acre, nor more than twenty (20) acres for grazing use; and (4) not more than one (1) acre for any class of land to be used as a residential lot.” Section 3. §75108(c) of Chapter 75, Subpart E, Title 21, of the Guam Code Annotated, is hereby amended to read as follows: “(c) The lessee shall occupy and commence to use or cultivate the tract as his home or farm within one (1) year after the lease is made. (i) The lessee of agricultural lands shall plant and maintain not less than five (5), ten (10), fifteen (15) and twenty (20) trees per acre of land leased and lessee of grazing lands shall plant and maintain not less than two (2), three (3), four (4), and five (5) trees per acre of land leased during the first (1st), second (2nd), third (3rd) and fourth (4th) years, respectively, after the date of the lease. Such trees shall be of types approved by the Department of Agriculture and at locations specified by the Department of Agriculture’s agent. Such planting and maintenance shall be by or under the immediate control and direction of the lessee. Such trees shall be furnished by the Department of Agriculture free of charge. (ii) The lessee of aquaculture lands shall install and maintain not less than three hundred (300) I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68371.htm[15.01.2025 17:38:05] square foot pond, tank or pool per acre of land leased. Such pond, tank or pool shall be at a location and of a type approved by the appropriate agencies. Such aquaculture farming and maintenance shall be by or under the immediate control and direction of the lessee and is subject to local and Federal permit requirements and regulations. The Chamorro Land Trust Commission may refer applicants to the appropriate agencies including, but not limited to: the United States Army Corps of Engineers, the Department of Public Works, the Department of Land Management, the Guam Environmental Protection Agency, the Bureau of Planning, the Department of Agriculture, the Department of Parks and Recreation, the Department of Revenue and Taxation, the Guam Power Authority, the Guam Waterworks Authority and the University of Guam, College of Natural and Applied Sciences, for resources such as permitting, planning assistance, industry information and financial assistance. The University of Guam, College of Natural and Applied Sciences is the lead agency for aquaculture development, technical assistance, training and resources. Such species suitable for aquaculture may be furnished by the University of Guam Hatchery (Guam Aquaculture Development and Training Center-GADTC) for a nominal fee, as available.” Section 4. §75108(d) of Chapter 75, Subpart E, Title 21, of the Guam Code Annotated, is hereby amended to read as follows: “(d) The lessee shall thereafter, for at least such part of each year as the Commission shall by regulation prescribe, so occupy and use or cultivate the tract on his own behalf. The Administrative Director of the Commission, or the Director of Land Management with respect to non-Commission land, shall approve all requests for the extension of power, water, or telephone services to a qualified applicant on such applicant’s request. As used in this Subsection, qualified applicant shall mean: (1) Any person occupying land pursuant to a lease, land use permit issued, or other permission from the government of Guam, or from any agency thereof to the person occupying the land, to a relative of the person occupying the land, or to an ancestor of the person occupying the land, which land is claimed by the government of Guam and/or the Commission; or (2) Any person who, on the effective date of the amendment to this Subsection, is actually occupying land which is claimed by the government of Guam and/or the Commission and who has actually occupied such land for more than six (6) months immediately last past. (3) As used in this Subsection, government of Guam shall include all of the government of Guam, its agencies and instrumentalities, including autonomous agencies, except for the Commission. Water shall be metered for both private and agricultural/aquaculture use. Approval by the Administrative Director of the Commission, or the Director of Land Management, does not waive any of the utilities’ requirements or restrictions for the installation of the utilities, and the qualified applicant shall be responsible for paying the actual connection fees. The application, issuance, and connection of utilities shall not prejudice anyone in any ejectment action, quiet title action, litigation or claim relating to the property, nor shall it be construed as an admission, nor shall it create any presumptions. (A) The application for a utility extension pursuant to this Subsection and the connection of utilities shall in no way prejudice the qualified applicant in any way as to any claim or litigation relating to ownership of the land in question, the validity of any lease or land use permit, the right of the qualified applicant to occupy the property, or the qualified applicant's use of the property. By so applying for utilities, the qualified applicant is in no way admitting, recognizing or ratifying any claim which the government of Guam or the Commission may have to the land in question. (B) The granting of a utility extension pursuant to this Subsection and the connection of utilities shall in no way prejudice the government of Guam or the Commission in any way as to any claim or litigation relating to ownership of the land in question, the validity of any lease or land use permit, the right of the qualified applicant to occupy the property, or the qualified applicant’s use of the property. By so granting such a clearance, neither the government of Guam nor the Commission is in any way admitting, recognizing or ratifying any claim which the qualified applicant may have to the land in question.” Section 5. Severability. If any provision of this Law or its application to any person or circumstances is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or applications, and to this end the provisions of this Law are severable.