ch 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.
(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 AppliedSciences 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) (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 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 theDirector 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.
(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.

SOURCE: GC § 13507 repealed and reenacted by P.L. 12-226. Subsection (c) amended by P.L 27-133:3 (Dec. 30, 2004). Subsection (d) repealed/reenacted by P.L. 22-157:2 (12/30/94), amended by P.L. 27-
133:4 (Dec. 30, 2004). Subsection (h) amended by P.L. 24-168:10.
Subsection (i) added by P.L. 30-102:2 (Mar. 12, 2010), effective, Mar. 1,
1993, pursuant to P.L. 30-102:6. Subsection (b) amended by P.L. 33-
102:2 (Dec. 1, 2015). Subsection (g) amended by P.L. 33-102:3 (Dec. 1,
2015).

2015 NOTE: Subsection designations in subsection (d) were altered in accordance with the authority granted by 1 Guam Code Ann. § 1606.
P.L. 33-090: 3 (Nov. 9, 2015) added § 75124 to this Chapter, to create the Chamorro Land Trust Survey and Infrastructure Fund. This fund would receive specific deposits as articulated by § 75124(a). P.L. 33-102:4 (Dec. 1, 2015) further specified monies to be deposited to this fund, and added the following uncodified law:

Section 4. Deposit of Funds into the Chamorro Land Trust Survey Fund. Funds received shall be deposited into the Chamorro Land Trust Survey Fund, created by Public Law
33-090.