Guam § 80104 - Powers and Duties of the Commission.

§ 80104. Powers and Duties of the Commission.

(a) Commission to Establish Ancestral Lands Registries. The

Commission is directed to establish and maintain five (5) separate

registries for the purposes of recording accurate information in the

settlement of ancestral claims, as set out in the Subsections 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 whose

properties were confiscated or condemned by the United States

of America, or by the government of Guam on or after January

1, 1930, as well as other pertinent location and ownership

information in relation to the property. The Original

Landowners Registry shall be used for the purpose of

confirming an applicant’s property claim, for future

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extinguishment upon receipt of just compensation, as defined

by this Chapter.

(2) Excess Lands Registry. The Excess Lands Registry is

a listing of all lands that have been declared excess by the

Federal government or the government of Guam, including 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 lots of land

with which the Commission may use as just compensation in

extinguishing ancestral claims.

(3) Claims Registry. The Claims Registry is a listing 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 Registry

is a listing of applicants granted land title in return 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 investigate,

record, file, report and respond to requests by ancestral land

claimants for remedy, including government of Guam, whose

land was taken by the United States or by the government of

Guam on or after January 1, 1930. Remedy includes just

compensation, as defined in § 80101 of this Act, which for

purposes of this Chapter is defined as limited to the return of

land or access to landlocked lots across public lands, if public

lands block access to private property.

(2) The Commission shall establish, in accordance with

the Administrative Adjudication Law, written procedures for

extinguishment of Claims, award of just compensation and

recordation of Ancestral Land Title, as well as other rules and

regulations required to administer this Chapter.

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(3) The Commission shall promulgate rules and

regulations to administer the Commission’s functions in a fair,

just, economical and expedient way, and shall establish fees

and specify materials reasonably required to accompany

applications in order to extinguish a claim in favor of a just

compensation award.

(c) Four (4) Step Process for Extinguishment of Claims, Award

of Just Compensation, and Recordation of Ancestral Land Title. The

following four (4) step process shall be detailed within 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 containing

applicant’s assertion that applicant and others, if any, hold

ancestral title in relation to a specified lot of land 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 Claims

Registry shall contain the information required to be entered,

as established by the Commission by rules and regulations. The

Commission must accept an application for determination of

claim, provided the following minimum information is 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 person who

shall be the registered ancestral title claimant.);

(4) the area of land covered by the claim, including

property descriptions and maps;

(5) description of the persons who it is claimed hold

the ancestral title; and

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(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 of the

Claims Registry are to be kept confidential from the public.

The Commission must ensure that the Claims Registry is

kept updated with details of any claims contained in

applications given to the Commission, or of any application for

amendments to a claim after a determination.

Step 2: Ancestral Title and Compensation Application.

An applicant may exercise applicant’s right to extinguish an

ancestral claim by submitting an application to the

Commission for a determination of a conditional title and

compensation award. An applicant may submit an application

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 approved determination of ancestral

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 applicant.

Before relinquishment of exchange land the Commission

shall certify that the exchange lands show no history 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 requirements

are met by the claimants:

(1) that the kind of application falls within the three

(3) categories defined above;

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(2) is in the prescribed form, as established by the

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 by

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. In

awarding ancestral title and just compensation, the

Commission shall issue a Certification of Award of Just

Compensation on Condition of Extinguishment of Ancestral

Title Claim. The Certification of Award of Just Compensation

shall be entered into the Conditional Awards Registry. The

Conditional Awards Registry shall contain as much of the

information in relation to each determination as must be

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entered into the Register, at a minimum of which shall 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 land

covered by the determination;

(4) the matters determined; and

(5) other details about the determination or decision

as the Commission deems appropriate.

The Conditional Awards Registry shall be made available

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 that the

ancestral title holder surrenders all rights and interests in

relation to ancestral land claims thereby permanently

extinguishing all rights, interests and claims to the claims.

Upon the Commission’s issuance of title by an award of just

compensation and extinguishment of claims, the ancestral title

holder’s name is removed from the Conditional Awards

Registry, and is entered into the Ancestral Lands Title Register

by the Commission. The Commission shall prescribe the

appropriate form to effectuate issuance of compensation 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 ancestral title

holder’s ancestral title award. Once listed as ancestral title

holder after acceptance of specifically described land, the

holder and all of holder’s heirs, successors and assigns, and

those who may assert subsequent claims derived from the

holder, are forever barred from reentry into the Claims

Registry.

(d) Director of Land Management to Reserve All Future Lands

Received by Government of Guam Declared Excess for Entry into

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Excess Lands Registry. For the purposes of administering this

Section, the Director of Land Management is authorized and

required to reserve all future lands received by the government of

Guam declared excess, and ensure that all information pertaining to

excess lands, both current and future, are sent to the Commission for

entry into the Excess Lands Registry. The Commission shall

maintain and give the public the right to review the 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 government of Guam

after the effective date of this Act, on behalf of ancestral landowners

who, by virtue of continued government or public benefit use cannot

regain possession or title to their ancestral lands.

The Commission shall establish a Guam-based trust to

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 highest and best use. The

Commission shall establish rules and regulations pursuant to the

Administration Adjudication Law for the Guam-based trust. The

resulting income shall be used to provide just compensation for

those dispossessed ancestral landowners.

(f) Notification of Extinguishment of Ancestral Claims. The

Commission shall ensure that all parties whose interests may be

affected in the extinguishment of an ancestral claim are notified in

writing, if at all possible, and through public notice in a Guam

newspaper of general circulation.

(g) Appeal Through Judicial Process. If disputes arise from an

application which cannot be resolved by the Commission, then any

of the opposing parties may invoke the judicial process 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 Commission

Survey, Infrastructure, and Development Fund (Fund), which

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shall be maintained separate and apart from any other funds,

and shall not be subject to the transfer authority of I

Maga′låhen Guåhan.

(2) Notwithstanding any other provision of law requiring

the deposit of proceeds to other funds, the Fund shall receive

the net proceeds of all leases of Apra Harbor Reservation 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 infrastructure, including

paved access roads and commercial development, of Guam

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.