on and after the enactment of this Chapter, all available lands shall immediately assume the status of Chamorro homelands and shall be under the control of the Commission to be used and disposed of in accordance with the provisions of this Chapter, except that:
(a) In case any government land is under lease, permit or agreement at the enactment of this Chapter, such land shall not assume the status of Chamorro homelands until the lease, permit or agreement expires or the lands are withdrawn from the operation of the lease, permit or agreement. If the land is covered by a lease, permit or agreement containing a withdrawal clause, the department shall withdraw such lands from the operation of the lease permit or agreement whenever the Commission gives notice to it that the lands are required by it for the purposes of this Chapter.

(b) Any available land as may not be immediately needed for the purposes of this Chapter, may be returned to the department for management. Any Chamorro homelands so returned may be disposed of under a general lease only. Each such lease, whether or not stipulated therein, shall be deemed made subject to the right and duty of the department to terminate the lease and return the lands to the Commission whenever the Commission gives notice that the lands are required by it for the purposes of this Chapter. However, no lease shall be made for a term to exceed twenty-five (25%) years. All income arising out of any lease or license entered into under this subsection shall be credited to and deposited in the Chamorro Home Loan Fund.
(c) The Department, with the approval of the Commission, or the Commission may sell to any contiguous landowner any fractional lot placed under its management which was created by the adoption of the standard block system, or bull cart trails that no longer serve the transportation function originally intended. The Chamorro Land Trust Commission shall offer any such land for sale to any contiguous landowner of such property, on written application of such owner, provided:

(1) that the land is not contiguous to government property, does not serve as a utility easement, or does not provide access to natural resources;

(2) that the sale price is based on the appraised fair market value having due regard to the fair market value of contiguous properties, and that the price be paid in full in cash equivalent;

(3) that if the property extends into property other than that belonging to the applicant, that the property to be sold shall be subdivided to align with the borders of such adjacent owners;

(4) that notice of the application shall be given to all owners of land within five hundred (500) feet adjacent to the applicant’s land;
(5) that where the land to be sold adjoins land in addition to the applicant’s land, and such adjacent owner timely objects to the application, the land shall be sold by the highest cash price bid at an auction conducted, to include the applicant and any other adjacent owner objecting, it being a condition of sale that the highest price bid is not less than the appraised fair market value; and

(6) that unless expressly provided otherwise, any use of the term “”owner,”” in relation to interests in real property, in this Title, as well as any derivative thereof, including, but not limited to, “”landowner”” or “”property owner,”” is presumed to mean an owner in fee simple or absolute fee, and to exclude any other estate or interest therein.
(d) In the management of any retained available lands not required for leasing under § 75107, the Commission may lease or license such lands to the general public. Any lease or license made under this subsection shall comply with the conditions of subsection (b) above.
(e) The Commission may, in order to consolidate its holdings or to better effectuate the purposes of this Chapter, exchange the title to available lands for land of an equal value. All lands so acquired by the Commission shall assume the status of available lands as though the same were originally designated as such under § 75104.
(f) The Commission shall not lease or license any available land until it is registered under the provisions of Chapter 29 of this Title (Land Title Registration Law).
(g) The Commission shall utilize Lot No. 382-R1, Inarajan, containing an area of 304.76 acres and being Chamorro Homelands, only for affordable housing

SOURCE: GC § 13504 repealed and reenacted by P.L. 12-226. Subsection (g) added by P.L. 22-18:6. Subsection (c) amended by P.L.
33-090:2 (Nov. 9, 2015).

§ 75106. Other Officers Not to Control Chamorro
Homelands; Exception.
The powers and duties of the Governor and the department with respect to lands of the territory shall not extend to lands having the status of Chamorro homelands except as specifically provided for in this Chapter.
SOURCE: GC § 13505 repealed and reenacted by P.L. 12-226.