5 Guam Code Ann. § 63506
Terms Used In 5 Guam Code Ann. § 63506
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
The Department shall maintain a database of the inventoried land available for public reference at the Department. A copy of the inventory shall be provided to the Speaker of I Liheslaturan Guåhan, I Maga’lahen Guåhan, the Guam Department of Land Management, and the Guam Bureau of Statistics and Plans. The inventory shall also be published on the Department website.
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(b) Compatible Use. Through the identification and inventory process, the Director, in consultation with the Department of Parks and Recreation, Department of Land Management, and the Guam Environmental Protection Agency, shall determine which government of Guam lands have compatible uses for the Guam Forest System pursuant to § 63503(g), supra. Government land classified as Conservation
Reserves pursuant to Article 4 of this Chapter may be included in this inventory to carry out the objectives of the Guam Forest
System. Government lands classified as part of the Territorial
Seashore Protection Act of 1974 pursuant to Chapter 63, Title 21, Guam Code Annotated, may also be included in said inventory.
(1) Challenges. Challenges to any Compatible Use determination shall be made in writing, addressed to the Director of the Department, and shall list the specific reasons for the challenge. All challenges shall be reviewed in consultation with the partnership entities identified in § 63503(g), supra. Partnership entities shall review each challenge and submit to the Director their recommendations
to reject or accept, in whole or in part, any Compatible Use
challenges, including recommended remedies to each challenge. Findings to challenges shall be periodically incorporated into the Guam Forest System Plan, as appropriate.
(c) Memoranda of Agreement. The Department may also establish a Memorandum of Agreement (MOA) with the Department of Parks and Recreation for land that is part of the Department of Parks and Recreation inventory, including Guam Territorial Park System reserved properties classified as Natural Preserves and Conservation Reserves pursuant to § 77110 of Chapter 77, Title 21, Guam Code Annotated.
Additionally, the Guam Environmental Protection Agency and the Department of Land Management may also be included in said MOA, or in separate MOAs, for properties under the jurisdiction of the Territorial Seashore Protection Act of 1974.
While the Department of Agriculture has the scientific and technical resources necessary to establish natural resource conservation and protection practices, any such MOAs should
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include components for the planning and protocols of maintenance and operation of the System during the planning and implementation stages, given that identified land for the System may fall under the purview of the Department of Parks and Recreation, the Department of Land Management, or the Guam Environmental Protection Agency.
(d) Reservation of Land. The Department of Agriculture may also reserve land in accordance with § 60105 of Article 1, Division 2, Chapter 60 of Title 21, Guam Code Ann., for future use as part of the System. The inventory of identified lands shall be published on the Department’s website.