Guam § 75108 - Conditions in Leases.

§ 75108. Conditions in Leases.

Each lease made under the authority granted the Commission by the provisions of § 75107 of this

Chapter, and the tract in respect to which the lease is made, shall be deemed subject to the following

conditions, whether or not stipulated in the lease.

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(a) The original lessee shall be a native Chamorro, not less than eighteen (18) years of age. In

case two lessees either original or in succession marry, they shall choose the lease to be retained, and

the remaining lease shall be transferred or canceled in accordance with the provisions of succeeding

sections.

(b) The lessee shall pay a rental of One Dollar ($1.00) a year for the tract, and the lease shall be

for a term of ninety-nine (99) years. Payment for the full term of the lease shall be paid, in full, within

one (1) year from the effective date of the lease. The payments of such leases may be used for the

payment of surveying Chamorro homelands pursuant to § 75108(g)(1) of this Chapter.

(1) The remaining balance on any residential or agricultural lease terminated prior to its

expiration shall be refunded.

(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.

(1) 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.

(2) The lessee of aquaculture lands shall install and maintain not less than three hundred

(300) 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.

(d) [No text]

(1) 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:

(A) 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

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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

(B) 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.

(C) 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.

(2) 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.

(3) 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.

(4) 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.

(e) The lessee shall not in any manner transfer to, or mortgage, pledge, or otherwise hold for the

benefit of, any other person or group of persons or organizations of any kind, except a native Chamorro

or Chamorros; and then only upon the approval of the Commission, or agree so to transfer, mortgage,

pledge, or otherwise hold, his interest in the tract. Such interest shall not, except in pursuance of such

a transfer, mortgage, or pledge to or holding for or agreement with a native Chamorro or Chamorros

approved of by the Commission or for any indebtedness due the Commission or for taxes, or for any

other indebtedness the payment of which has been assured by the Commission, including loans from

governmental agencies where such loans have been approved by the Commission, be subject to

attachment, levy, or sale upon court process. The lessee shall not sublet his interest in the tract or

improvements thereon.

(f) The lessee shall pay all taxes assessed upon the tract and improvements thereon. The

Commission may in its discretion pay such taxes and have a lien therefor as provided by § 75114 of

this Law.

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(g) The lessee shall perform such other conditions, not in conflict with any provision of this

Chapter, as the Commission may stipulate in the lease; provided, however, that an original lessee shall

be exempt from all taxes for the first seven (7) years from the date of the lease.

(1) Thirty (30) days after the enactment of this Act, Chamorro homeland leases surveyed at

the cost of the government of Guam shall not be eligible for the tax exemptions stipulated in this

Subsection as an offset to the cost of such surveys.

(h) The Commission may assure the repayment of loans to lessees from local or Federal

governmental agencies or instrumentalities, or private lending institutions where such loans have been

approved by the Commission up to the limits prescribed in § 75112 of this Chapter; provided, that the

lessee has no indebtedness due the Commission and the Commission shall not make any loans to the

lessee while loans from local and Federal governmental agencies or instrumentalities, or private

lending institutions, and guaranteed by the Commission are outstanding; provided further, that upon

receipt of notice of default in the payment of such loans, the Commission, may upon failure of lessee

to cure the default within sixty (60) calendar days, cancel the lease and thereupon use its best efforts

to dispose of the tract to a qualified and responsible native Chamorro or Chamorros as a new lessee

who will assume the obligation of the outstanding debt thereby assured, and to make payments to the

local or Federal governmental agency, or instrumentality or private lending institution, from available

funds either for monthly payments as they become due and payable or for the amount of the debt. In

no event shall the aggregate amount assured by the Commission exceed the ability of the Chamorro

Loan Guarantee Fund to reasonably provide security for the loans authorized.

(i) Upon completion of an application for a Chamorro Land Trust Commission lease, the lessee

shall automatically and concurrently be registered with the Guam Election Commission

Decolonization Registry.