Guam § 75125 - Designation of Biodiversity Conservation Easement.

§ 75125. Designation of Biodiversity Conservation Easement.

(a) Notwithstanding any law, provision, rule, or regulation, the Chamorro Land Trust Commission

(CLTC) is hereby authorized to designate Lot 5133-1-2, municipality of Tamuning, consisting of 1,024±

square meters, as shown on L.M. Checked No. 258FY89, as a Biodiversity Conservation Easement

(Easement) for the purposes of promoting awareness, conservation, and preservation of species survival by

providing refuge, sanctuary, and habitat restoration for wildlife.

(b) The Chamorro Land Trust Commission is authorized to execute a lease for the Easement with

James Walter Cushing and Barbara Benavente Cushing‒as joint tenants in common with rights of

survivorship‒and their successors, as provided in 21 GCA § 75109, (hereinafter Cushings), for thirty (30)

years at an annual rental rate of One Dollar ($1.00) per year; provided, that they continue to support and

advocate for greater awareness through biological study and education of animal care; encourage and

promote awareness, conservation, and preservation of species survival by providing refuge, sanctuary, and

habitat restoration for wildlife; engage in conservation practices of endemic species of flora and fauna;

educate the public on conservation efforts; and, promote awareness and appreciation of flora and fauna

through live exhibitions. The Cushings may elect to renew the lease for a second term of ten (10) years

subject to express legislative concurrence. Upon completion of the second term lease, the Cushing Zoo may

elect to renew the lease for one (1) subsequent ten (10) year term, subject to express legislative concurrence.

(c) The Cushings are additionally authorized to operate a for-profit zoo, botanical garden, or marine

display on the property, consistent with other requirements of this Section, and may partner with one (1) or

more non-profit organizations in the pursuit of their goals for the Easement. The Cushings must maintain

compliance with the United States Department of Agriculture and federal and local environmental laws.

(d) If the Cushings are no longer lessees of this property, the Easement shall be declared null and void

and the property shall be consolidated with Lot 5133-1-R2 (Matapang Beach Park).

(e) The Cushings may partner with a non-profit organization in the operations and management of the

Biodiversity Conservation Easement and activities on the premises, but the lease shall not be sold,

transferred, assigned, or subleased.