Micronesian Area Research Center

Richard F. Taitano

An online publication of the Micronesian Area Research Center

University of Guam

An online publication of the Micronesian Area Research Center

University of Guam

2002

The Organic act of guam

Related Federal laws affecting theGovernmental structure of guam

and

through june 11, 2001

compiled by charles h. troutman

The Founders

Baltazar J. BordalloMdmber, Pre-War Guam Congress, Guam Legislature

Francisco B. Leon GuerreroMember, Pre-War Guam Congress, Guam Legislature

Carlos P. TaitanoFormer Speaker, Guam Legislature

Carlton SkinnerFirst Civilian Govemor of Guam

Antonio B. Won PatFormer Speaker, Guam Legislature

First Guam Delegate to the Congress of the United States

THs OnceNtc Acr or Gueu

AND

Rrrernn FrorRer LewsAFFECTING THE

GovBnNMENTAL SrnucruRE oF GueH,t

Tsnoucs TuNn 11, 2001

MISCELLANEOUS SERIES NO. 12

Cover DesignMicronesian TravelersMagdalena S.Taitano

Copyright @ 2002 University of Guam and the Government of Guam

All riehts reserved.

Richard Flores TaitanoMicronesian Area Research Center

University of GuamUniversity Station, Mangilao, Guam 96923

Manufactured in the United States of America

ISBN 1-878453-56-4

lv

Orucr oF THEArronxnv Gnunner

COtVtPu-eR or Lnws

Robert F. KonoActing Attorney General

Chief Deputy Attorney General

Charles H. TroutmanCompiler of Laws

Office of the Attorney GeneralDivision of.Compiler of Laws

Judicial Center120 West O'Brien DriveHagatna, Guam 96910Phone: 671-475-3309

II\JTRTJDUCTIOI{ TO 2001 EDITION

The Organic Act cf Guam and related federal laws provide theframework fcr the gc-,rernntent cf Guam.

This publirationls p',irpose is to present the fundamental lawscreating the Territcry of{lluam ancl its gove rnment. Similarly, whiletirere have t'een manv cases interpreting various aspects of theOrganic Act, this putrlication will include only appellate ones" Arnnre compiete case listing can be found in both Title 48 ofthe U.S.It'rde Annotated (48 U S.[..A.) and in f itle 48 of the U.S. lodeService (48 U.S.C.S.) and their respective supplements.

'Ihis fune 2{J0l publication inciudes citations to all pertinentiases decided under the Income Tax L,aws made applicable to GuarnthrouEh the Organic Act, anci other courf decisions.

Note: In this puhlication of the Organic Act, the sections arenunibered, according to the 1987 republication of Title 48 U"S.C.A.The original Organic Act section numbers are indicated under the" Legisiatirre Historl"'.

This publication conlains ail amendments made through June1 1. 2001.

CHARLES H. TROUTII{ANCompiler r:f Lau,s

SUMMARY OF LAWS

The Organic Act of Guam and related subchapters ofTitle 48 U.S.C.A.

Guamrs Delegate to Congress

Submerged Land and Concurrent Jurisdiction

Constitution Authorization Act

vl l

Protection and Reforestation.

$142lp. Appropriations Authorized.

SUBCHAPTER 2EXECUTIVEBRANCH

51422. Governor;LieutenantGovernor:Powers,duties.$7422a. Initiative, Referendum and Removal.S1422b. Vacancy in Office of Governor or Lieutenant

Governor; Temporary Disability, orTemporary Absence of Governor.

$1422c. Executiveagenciesandinstrumentalities.

SL422d. InspectorGeneral:Functions;Duties.

SUBCHAPTER 3THE LEGISLATURE

51423. Legislature of Guam.

$1423a. Scope of Legislative Authority: Bonding: GuamPower Authority Refi nancing.

S1423b. Selection and Qualification of Members; Officers;Rules;Quorum.

$1423c. Privileges of Members.S1423d. Oaths of Office.$1423e. Prohibitionagainstacceptingcertain

appointments andsalaryincreases,

Sl423f Qualifications of Legislators.

$1a23g. Vacancies.

Sf423h. RegularandSpecialSessions.

S1423i. Approval of Bills.$1423j. Appropriations by the Legislature Authorized.

S1423k. Right of Petition:

514231. Purchases through GSA.

SUBCHAPTER 4THEJUDICIARY

51424. Courts of Guam;Jurisdiction; Procedure.

5I424-I. l.ocal Courts; Appellate Court Authorized.

91424-2. Relations between U.S. courts and Guam courts:Ninth Circuit review: Reports to Congress:rules.

$1424-3. Appeals Before Local Appellate Court Created.

51493. Criminal Appeals by local governments.

51424-4. Applicability of Laws & Rules.

$1424a. Appeals from District Court. [Repealed]51424b. District CourtJudge; U.S. Attorney; Marshal;

Applicability of laws.

$1424c. Review of Land Claims.

SUBCHAPTER 5PUBLIC HOUSING & URBAN REMWAL

51425. Mortgage insurance on housing or property:conditions.

$1425a. Guam Legislature may create housing authorities:appointment; membership.

$1425b. Issuance ofnotes, bonds, and obligations.$1425c. Authorization ofloans, conveyances.$1425d. Ratification of prior act.

$L424e. Additional powers.

SUBC,HAPTER 6GUAM DEVELOPMENT FUND

$1428. Authorization of Appropriation.

$1428a. Submission of plan: contents; terms of loans.

s1428b.

$1428c.s1428d.$1428e.

Prerequisites for loans and guarantees; maximumparticipation; reserves.Accounting Procedures.Report by Governor.Audits.

xn

ORGANIC Acr oF GUAM

SUBCTIAPTER 1GENEML PROVISIONS

$[1] Short Title. This Act may be cited asthe Organic Act ofGuam.

SOIJRCE: "This Act" is the Act ofAugust l, 1950, 64 Stat.384, codified as 48U.S.C. 1421-1425, as amended.

$1421. Name and Territory Encompassed. The territoryceded to the United States in accordance with the provisions oftheTreaty of Peace between the United States and Spain, signed atParis, December 10, 1898, and proclaimed April 11, 1899, andknown as the island of Guam in the Marianas Islands, shallcontinue to be known as Guam.

SOURCE: $2 ofAct ofAug. l, 1950;48 U.S.C. 1421.

NOTE: The numbering of this (1992) entire publication of the Organic Actand Related Federal Laws is that found in Title 48 ofthe U.S, Code Annotated.

$1421a. Unincorporated Territory - Government.Guam is hereby declared to be an unincorporated territory of

the United States and the capital and seat of government thereofshall be located at the city of Agana, Guam. The government ofGuam shall have the powers set forth in this Act, shall have powerto sue by such name, and, with the consent of the legislatureevidenced by enacted law, may be sued upon any contract enteredinto with respect to, or any tort committed incident to, the exerciseby the government of Guam of any of its lawful powers. I Thegovernment of Guam shall consist of three branches, executive,legislative and judicial, and its relations with the Federal Gov-ernment in all matters not the program responsibility of anotherFederal department or agency, shall be under the general adminis-trative supervision of the Secretary of Interior..

SOURCE: g3 of Act of Aug. 1, 1950, 48 U.S.C. gra2laladded by Act ofSept.21, 1959; .adopted by amendment ofSept. fl, f968, P.L.90492, l2(a1,82Stat.847.

SUBCH. I - GENEML PRoVIsIoNs . P. I

ORG^NIC ACT oF GUAM

COURT DECISIONS:

Regardless of its source, Guam possesses sovereign immunity from suitwithout its consent pursuant to the Organic Act as it was written before thel-959 amendment. Crainv.Governmentof Guam,(C.A.9 (Guam) 1952) 195F.2d4L4,

Since Guam is an unincorporated territory, its government has onlvthose powers conferred upon it by Congress. Rodriguav. Gaylord, [1977 DCHawaiii 429 F. Supp. 797.

Because the Organic Act did not specifically permit such action, theGuam Legislature could not enact a lawwhich tookfrom the District Court allappellate jurisdiction. Territory of Guamv. Olsen,451 U.S. 195. (1977).

Because the Organic Act (22) did not specifically provide for "diversity"jurisdiction in the District Court, no such jurisdiction exists. Chase ManhattanBank (Nat. Assn.) v. South Acres Dev. Co., iL978 U.S.l 98 S.Ct. 544.

The Organic Act provides for a stricter separation ofpowers than foundin the U.S. Constitution in that this Act specifies that there shall be "three

branches" of government . Peopk v. Camacho, Sup.Ct.Guam, I Guam R. 501(1975). Followedin Attornry General ofGuanv. Superior Coux (Flores, RealPartl,D.C.Guam, Civ. Case #79-153 (1980).

Guam has not waived its statutory immunity, granted by $3 of theOrganic Act, and so is not liable for damages arising from intentional torts.The statutory limited waiver ofimmunity (Government Claims Act - $6500 etseq. of the Government Code) is constitutional. Munoz and Munoz v. Govt. oJGuam & Aguon, (1980 CAg) 625F.2d257.

Because ofthe doctrine of"separation ofpowers", the Legislature maynot hire an attorney to represent the government ofGuam in the institutionofa suit by and on behalfofthe territory. Such an act is the prerogative oftheexecutive branch, as an act "executing the laws" applicable to Guam.Government of Guamv. United Stafes, D.C.Guam 1982, Civ. No. 82-0001.

The doctrine of"separation ofpowers" does not permit the Legislatureto enact a law by which theJudiciary appoints a person to undertake a purelyexecutive branch function, namely, the prosecution of criminal cases. Peoplev. Camacho, l Guam Rep. 501.

. Guamrs sovereign immunity is immunity against the government onlyand not against officers ofthe government acting in their individual capacities.f,lgiraingas v. Sanchez, et al., (C.A. Guam 1988) 858 F.2d f 368.

tr. Territories have an "inherent sovereign immunity", though notderiving it from the same source as that ofthe states.

5UBCH. 1 - GINERAL PRovISIoNS - P. 2

-ORGANIC ACI oT GUAM

2. While a sovereign may waive its immunity by unequivocallyexpressing its consent to the court's jurisdiction, a motion to dismiss for lackofjurisdiction (because of such immunity) is not a consent to the courtrsjurisdiction, evenwhen rnotion is accompanied bya requestforcourtmarshalto release items in his custody. Man v. Gavernment of, Gaam, (C.A.9 Guam1989) 866 F,2d294.

The immunity granted under this section does not provide immunity topolice officers in their individual capacities in g1983.suits, Ngiraingas v.Sancha, C.A.9 (Guam) 1988, 849 F.2d372,959 F.2d 1368. Ali'dU.S. Sup.Ct(r989).

" . the Superior Court's Order placing Appellee Taisipic into thePREPARA Program is inconsistent with the Organic Act in that it impermiss-ibly encroaches upon the powers ofthe Territorial Parole Board to grant ordeny parole. Furthermore, the Order usurps the power ofthe Guam Legisla-ture, which vested authorig over parole determinations in the Parole Boardand not in the courts. Taisipk v. ltt[arion, et al [Parale Baard members],6 Gusm7,33 (Supreme Court of Guam)

"Therefore, becausewe find no disruption ofthechargingftnction oftheexecutive [in the Family Violence Act], the second prong of the inquiry neednot be addressed and we hold that the instant statute does not violate theSeparation of Powers Doctrine." People v. Pera, 1999 Guam 2, 19 SupremeCourt of Guam.

$1421b. Bill of Rights.(a) No law shall be enacted in Guam respecting an establish-

ment of religion or prohibiting the free exercise thereof, or abridg-ing the freedom ofspeech, or ofthe press, or the right ofthe peoplepeaceably to assemble and to petition the government for a redressoftheir grievances.

(b) No soldier shall, in time of peace, be quartered in anyhouse, without the consent ofthe owner, nor in time ofwar, but ina manner to be prescribed by law.

(c) The right of the people to be secure in their persons,houses, papers, and effects, against unreasonable searches andseizures, shall not be violated; and no warrant for arrest or searchshall issue but upon probable cause, supported by oath or amrma-

SuBcH. I . GENER^T PRovrsror.ls . p. 3

ORcANrc Acr oF GUAM

tion, and particularly describing the place to be searched and theperson or things to be seized.

(d) No person shall be subject for the same offense to be twiceput in jeopardy of punishment; nor shall he be compelled in anycriminal case to be a witness against himself.

(e) No person shall be deprived of life, liberty, or propertywithout due process of law.

(0 Private property shall not be taken for public use withoutjust compensation.

(g) In all criminal prosecutions the accused shall have the rightto a speedy and public trial; to be informed ofthe nature and causeofthe accusation and to have a copy thereof; to be confronted withthe witnesses against him; to have compulsory process for obtainingwitnesses in his favor; and to have the assistance of counsel for hisdefense.

(h) Excessive bail shall not be required, nor excessive finesimposed, nor cruel and unusual punishments inflicted.

(i) Neither slavery nor involuntary servitude, except aspunishment for a crime whereof the party shall have been dulyconvicted, shall exist in Guam.

0) No bill of attainder, ex post facto law, or law impairing theobligation ofcontracts shall be enacted.

(k) No person shall be imprisoned for debt.

(l) The privilege of the writ of habeas corpus shall not besuspended, unless, when in cases of rebellion or invasion orimminent danger thereof, the public safety shall require it.

(m) No qualifi cation with respect to property, income, politicalopinion, or any other matter apart from citizenship, civil capacity,and residence shall be imposed upon any voter.

SUBCH. 1 . GINERAL PROVISIONS - P. 4

ORGANTC Act oF GUAM

(n) No discrimination shall be made in Guam against anyperson on account ofrace, language, or religion, nor shall the equalprotection of the laws be denied.

(o) No person shall be convicted oftreason against the UnitedStates unless on the testimony of two witnesses to the same overtact, or on confession in open court.

(p) No public money or property shall ever be appropriated,supplied, donated, or used, directly or indirectly, for the use,benefit, or support of any sect, church, denomination, sectarianinstitution, or association, or system of religion, or for the use,benefit, or support of any priest, preacher, minister, or other reli-gious teacher or dignitary as such.

(q) The employment of children under the age of fourteenyears in any occupation injurious to health or morals or hazardousto life or limb is hereby prohibited.

(r) There shall be compulsory education for all children,between the ages ofsix and sixteen years.

(s) No religious test shall ever be required as a qualification toany office or public trust under the government of Guam.

(t) No person who advocates, or who aids or belongs to anyparty, organization, or association which advocates the overthrowby force or violence of the government of Guam or of the UnitedStates shall be qualified to hold any public office or trust or profitunder the government of Guam.

(u) The following provisions of and amendments to theConstitution of the United States are hereby extended to Guam tothe extent that they have not been previously extended to thatTerritory and shall have the same force and effect there as in theUnited States or in any State ofthe Llnited States: article I, section9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; thefirst to ninth amendments inclusive; the thirteenth amendment: the

SUBCH, 1 . GENERAL PRoVIsIoNs. P. 5

ORGANIC ACT OT GUAM

In the context of juvenile certification proceedings, due processrequirements ofright to counsel, adequate notice and a statement ofreasonsat a hearing were met in this case. Failure to investigate motives for allegedcriminal act do not constitute a violation ofdue proeess rights. People v,

Kingsbury, (CAg 1981) 549F.2d74A"

The Government of Guam could continue its customs searches ofpersons and goods arrivingfrom foreign countries and theNorthem Marianas;issue ofsearches ofpersons and goods comingfrom Hawaii remanded for factfinding. Barusch v. Calvo, (CAg 1982) 685 F.2d 1199.

Ajuvenile is not subject to doublejeopardy in violation ofthis section bycertification proceedings in juvenile court, since, by the terms of the statute,the certification hearing is only to determine the forum for the proceedings,not for determining the fact ofguilt, innocence or delinquency. People v.Fejeran, (CAg 1982) 687 F.2d 302.

P.L. 13-115, the Malpractice Claims Mandatory Screening and

Mandatory Arbitration Act, violates the due Process clause of [5) of the

Organic Act and the 14th Amendment of the U.S. Constitution because it is"incomprehensibly vague and irnpossible to apply'IJ anmonils v, Boonprakong

& Awav. GMHA , (D.C. Guam, App. Div 1983) Civ. #81-003A & #81-048A;

aff d. as Awa v, GMH, 726 F "2d 594.

P.L. 14-151, requiring that the Parole Board determines eligibility for aninmateleaving the Guam Penitentiaryforanyreason, is inviolation ofthe 14thAmendment of the U.S. Constitution (through 5(u) of the Organic Act)beeause it fails to set forth properguidelines to be followed. Mendiolav, ParoleBoard, (Super.Guam 1981) SP #185-81.

Civil Code 5537(2), permitting prejudgment attachments againstnonresidents ofGuam, violated the due process clause ofthe Constitution(through 5(u) ofthe OrganicAct) because no opportunityfora hearingisgiventhe defendants and because the attachment must issue upon the filing ofan exparte afiidavit. Holmes &Narver,lnc,v. Udui, (Super.Guam 1982) Civ.#726-81.

Aformer police officerfighting in court to regain hisposition is a "public

figure" under the lst Amendment to the Constitution (here 5(a)) and,therefore must meet the appropriate burden in his attempt to prove libelagainst a newsp aper. Canachov. Udick,(D.C.Guam App. Div. 1983) Civ. #81-01034.

"The waiver of juvenile court jurisdiction is a 'critically importantlproceedings rvhich rmust measure up to the essential of due process and fairtreatment." IApplied to Guam through S(u)J.Peopleintheinterestof Manglona,(D"C.Guam App. Div. 1983) Cr. #02-0011A.

Suncu. 1 - GrNrneL PRovtstoNs - P. 7

ORGANTC Acr oF GUAM

Only an amendment to the United States Constitution can give to thepeople ofGuam the right to vote for president and Vice president. There is noexisting constitutional right requiring such a vote. Attlrnq General of Guamv, United States, C.A.g 1984, No.83-1890, 738 F.2d 1017.

Because Guam is an unincorporated territory having only powers givenit by Congress, "it is in essence an instrumentality ofthe federal government."As such, the negative implications of the commerce clause of the U.S.Constitution do not apply to Guam. Sakamoto v. Duty Free Shoppers, Ltd.,D.C.Guam 1983, 613 F.Supp. 381, affd. Z64F.2d 1285, cert. den. 106 S.Ct.1457,89 L.8d.2d715.

Under the circumstances, bail of91,000,000 did not violate the EiehthAmendment prohibiting excessive bail. people v. Bruneman,1996 Guair 3Supreme Court of Guam.

DoubleJeopardy, as to sentencing, has occurred when the Defendant issentences on four charges (two charges-in-chiefand two enhancements) whichare in reality only differing theories of the one offense of murder - only oneperson was murdered. People v. James E. Rqtes, lggS Guam 32, 23, SupremeCourt ofGuam.

A police officer, in order to make a trafic stop, must have more than ,,the

anonymous informantrs tip alone, which contained no predictive facts to becorroborated" in order to meet the requirements ofthe 4,h Ame ndment. peoplev. Johnson,1997 Guam 9, 9 Guam Supreme Court.

Under the Due Process Clause of the 14 ,h Amendment, the courts ofGuam have jurisdiction over a commercial dispute between two companies,one ofwhich, though located in Hawaii, had sufficient contacts with Guam tobe subject to jurisdiction in Guam. pCI Communications, Inc. v. GST pacwestTelecom Hawaii, 1999 Guam 17,29-32, Supreme Court of Guam.

$1421c. Continuation of Laws in Force; Modification orrepeal of laws. (a) The laws of Guam in force on August l, 1950,except as amended by this chapter, are hereby continued in force,subject to modification or repeal by the Congress of the UnitedStates or the Legislature of Guam, and all laws of Guam inconsis-tent with the provisions of this chapter are hereby repealed to theextent of such inconsistency.

(b) Applicability of Federal Laws to Guam. (Repealed)

SOURCE: 925 ofAct ofAug. l, 1950 (Organic Act); amended by Act ofSept.11, 1968, Public Law 90- 497 , gZ ,82 Stat. 847 (Elective Governor Act). Codi_

SuBcH. 1 - GENERAL PRovrsloNs - P. 8

ORGANIC ACT OI GUAM

fied as 48 U.S.C. 1421c. Amendment repealed requirement that, in order toaffect Guam, "Guam" or "possession" be specifically stated in the law; andrepealed reference to Commission to study applicability of federal laws toGuam. This latter Commission had already issued its report.

$1421d. Salaries and Travel Allowances of officers andemployees. The salaries and travel allowances of the Governor,Lieutenant Governor, the heads ofthe executive departments, otherofficers and employees of the government of Guam, and themembers of the Legislature, shall be paid by the government ofGuam at rates prescribed by the laws of Guam.

SOURCE: $26 ofAct ofAug. 1, 1950 (Organic Act); amended Aug. l, 1956,c.852, $21, 70 Stat.911;July 30, 1965, Public Law 89-100,79 Stat.424; Sept.I 1, 1968, Public Law 90-a97, $9(a), (b), 82 Stat. 847 (Elective Governor Act).Codified as 48 U.S.C. 1421d.

$142le. Duty on articles. All articles coming into the UnitedStates from Guam shall be subject to or exempt from duty asprovided for in section 1301a of Title 19 [U.S.C.].

SOURCE: $27 ofAct ofAug. 1, 1950 (Organic Act); amended Sept. 1, 1954,c, 1213, Title IV, S402(b), 68 Stat. 1140. Codified as 48 U.S.C. $1421e. Theunderlying 19 U.S.C.A. $1301a has been repealed and now Guamrs customsstatus is found in 19 U.S.C.A. $1202, Headnote 3.

COURT DECISIONS;

The Court ofAppeals held that: (1) the allocation rules had a substantialrelation to traditional customs purposes, and thusjurisdiction ofchallenge tothe rules was exclusively vested in the Customs Court, although rules also hadconcurrent purpose of promoting insular economic development, and (2)plaintiffs had an adequate remedy in Customs Court of importing more thanduty-free quota alloeation, paying duties assessed, and then suing for refund,despite contention that it was financially impossible for them to do so.JerlianWatch Co. v, U.S. Dept. of Commerce & U.S, DEt pg the Interior, C.A,9 (Guam)

L979,597 F.2d 687 .

$1421f. Title to Property Transferred. (a) The title to allproperty, real and personal, owned by the United States andemployed by the naval government of Guam in the administrationof civil affairs ofthe inhabitants ofGuam, including automotive andother equipment, tools and machinery, water and sewerage

SuBcH. 1 " GENEMT- PRovrsroNs - p. 9

ORGANIC ACT OF GUAM

facilities, bus lines and other utilities, hospitals, schools, and otherbuildings, shall be transferred to the government of Guam withinninety days after the date of enactment of this Act [Organic Act].

(b) All other property, real and personal, owned by the UnitedStates in Guam, not reserved by the President of the United Stateswithin ninety days after the date of enactment of this Act [OrganicActl, is hereby placed under the control of the government ofGuam, to be administered for the benefit of the people of Guam,and the legislature shall have the authority, subject to such limita-tions as may be imposed upon its acts by this Act [Organic Act] orsubsequent acts of the Congress, to legislate with respect to suchproperty, real and personal, in such manner as it may deemdesirable.

(c) All properg owned by the United States in Guam, the titleto which is not transferred to the government of Guam by subsec-tion (a) hereof, or which is not placed under the control of thegovernment of Guam by subsection (b) hereol is transferred to theadministrative supervision ofthe Secretary ofthe Interior, except asthe President may from time to time otherwise prescribe: Provided,That the Secretary ofthe Interior shall be authorized to lease or tosell, on such terms as he may deem in the public interest, anyproperty, real and personal, ofthe United States under his adminis-trative supervision in Guam not needed for public purposes.

SOURCE: $28 of.Act of Aug. 1, 1950 (Organic Act); amended by ElectiveGovemorAct, Public Law 90-497 by designating the administrative control ofsubsection (c) to be in the Secretary ofthe Interior. Codified as 48 U.S.C.sr421f.NOTB: Pursuant to subsection (b), the President ofthe United States issuedthe following Executive Order reserving certain lands for use by the UnitedStates:

Executive Order No. 10178

RESERVArroN or o*oolili?-t:i,ltri"t l,lttr r"r rNrrED srArES

SUBCH'1 . GENEML PROVISIONS. P. 10

OR.cAh-tc Acr oF GUAM

WHEREAS, section 28 of the Organic Act of Guam. approved Augusr 1, 1950(Public Law 630, 81st Congress), reads: "(a) The title to all property, real andpersonal, owneci by the United States and employed by the naval government ofGuam in the administration ofthe civil affairs ofthe inhabitants ofGuam, includingautomotive and other equipment, tools and machinery, water and sewerage facilities,bus lines and other utilities, hospitals, schools, and other buildings, shall betransferred to the government of Guam within 90 days after the date of enactmentof this Act.

(b) All other property, real and personal, owned by the United States in Guam,not reserved by the President ofthe United states within ninety days after the dateofenactment ofthis Act, is hereby placed under the control ofthe government ofGuam, to be administeredfor the benefit ofthe people ofGuam, and the Legislatureshall have authority, subject to such limitations as may be imposed upon its acts bythis Act or subsequent acts ofCongress, to legislate with respect to such property,real and person, in such manner as it may deem desirable.

(c) All property owned by the United States in Guam, the title to which is nottransferred to the government ofGuam by subsection (a) hereof, or which is notplaced under the control of the government of Guam by subsection (b) hereo{, istransferred to the administrative supervision ofthe head ofthe department or agencydesignated by the President under section 3 ofthis Act IDept. ofthe Interior], exceptas the President may from time to time otherwise prescribe; Provided,That the headofsuch department ofagency shall be authorized to lease ofsell, on such terms as hemay deem in the public interest, any property, real or personal, ofthe United Statesunder his administrative supervision in Guam not needed for public purposes.

WHEREAS, certain hereinafter described real and personal property of theUnited States in Guam is required for the respective uses ofthe Department oftheArmy, the Department of the Naly, the Department of the Air Force, and the CoastCuard, and it has been mutually agreed that the Department of the Nary shall act onbehalf of the Department of the Army, the Department of the Air Force, and theCoast Guard with respect to their requirements as to such property;

WHEREAS, certain other hereinafter described real property of the Unitedstates in Guani has been selected by the Secretary ofthe Naly for transfer or salepursuant to the act ofNovember 15, 1945, 59 Stat. 584, to persons in replacementof lands acquired for military or naval purposes in Guam, and such property shouldremain available for disposition by the Secretary ofthe Interior in his discretionunder section 28(c) of the said Organic Act of Guam; and

WHEREAS, certain other hereinafter described personal property ofthe Unitedstates in Guam should remain available for the respective needs of the Department

SUBCH. 1 - GENEML PRoVISIoNS . P. 11

ORcANrc Acr oF GUAM

ofthe Army, Department ofthe Navy, Department ofthe Air Force, the Coast Guardand other agencies ofthe United States:

NOW, THEREFORE, byvirtue ofthe authorityvested in me by thesaid section28 ofthe Organie Act ofGuam, and as President ofthe United States, it is ordered asfollows:

1. The following described real and personal property ofthe United States inGuam is hereby reserved to the United States and placed under the control andjurisdiction ofthe Secretary oftheNavy: Provided, that the secretaryofthe Navy shalltransfer such portions of such property to the Department of the Army, theDepartment of the Air Force, and the Coast Guard as may be required for theirrespective purposes:

(a) All ofthat real property in Guam situated within the perimeter areasdefined in thefollowing designated condemnation proceedings in the SuperiorCourt of Guam, being the same property quitclaimed by the Naval Govern-ment of Guam to the United States of America by deed dated July 31, 1950,and filed for record with the Land registrar of Guam on August 4, 1950(Presentation No. 22063);

eivil No. Facilitv AreaIAcresl

2-485-48

6487-482-493-494-49

5-492"503-504-505-506-507-508-509-5010-5011"5012-60

North FieldMt. Santa Rosa Water Reservoirand supply linesMt. Santa Rosa-Marbo Water LinesTumon Maui Well SiteNaval Ammunition DepotPrimary Transmission LineMt. Santa Rosa-Marbo Water Line

easementApra Harbor ReservationAcecorp TunnelCamp DealyTumon Bay Rec. Area Utility LinesAgana SpringsAsan Point Tank FarmAsan Point HousingMedical Center

'Agafa GumasNaval Communications StationNimitz BeachCommand Center

4,566.757

9.3725.9905.990

4,803,00044.65I

12.1696,332.000

6.45035.391

U.OJ /

24.9r441.30085.032

137.39345.630

4,798.682TT,726

800.443

SUBCH. 1 . GENERAT PROVTSIONS . P. 12

l3-50l4-50

15-50

r6-50i8-50

19-5020-502 i-50

22-5023-5021-50

25-50

26-50. i r ')U

2E-5029.50-1G.50

3r-50l2-50

23.7084,562.r07

60.48021.69515.322

r,820.14837.5193.575

49.277

0.20865.300

2,497.4000.91E

285.237

t7.79328.888

4,901.100

5.945

94.000953.000

2,922.00025.000

37.0002,185.000

ORGANIC ACT OF GUAM

Tarague Natural WellsAgana Diesel Elec.

Generating PlantMt. Santa Rosa Haul Road, Water

Reservoir and Supply Lines, VHFRelay Station, Mt. Santa Rosa MarineWater Line

Northwest Air Force BaseMarbo Base Command Area-Sewage

DisposalLoran Station Cocos IslandAv-Gas Tank Farm #12Proposed Boundary ofNAS Agana,

Housing Area #7C.A.A [FAA] Site (Area #90)Tumon Maui Well (WaterTunnel)

Tumon Bay Rec. Area (Road & AV-GasFuel Line Parcel #1

Utility easement from Rt. #1 to Rt. #6(Coontz Junction)

Tumon Bay Rec. Area (Area #78)Marbo Base CommandMt. Tenjo VHF Station SiteSasa Valley Tank Farm (Area #26)Sub Transmission System Piti Steam

Plant to Command CenterRoute #1 (Marine Drive) (Portion)

Sub Transmission System (34 KV Line)Piti Steam Plant to AganaDiesel Plant and POL System SasaValley Tank Farm to NAS Agana

Harmon Air Force BaseRadio BarrigadaAACS Radio Range (Area #30)Water Line Apra Heights Reservoir

to Fena Pump Station & AV-Gas FuelSystem

Fena River Reservoir

i3-50iJ-5035-5036-50

37-50

SUBCH, 1 - GENEML PRO\']SIONS - P. 13

ORGANIC ACT OI GUAM

(b) The road system and utilities systems described in the said deed betweenthe Naval Government of Guam and the United states of America dated Iulv 31,1950.

(c) The following described areas: Ilount Lam Lam Light; Rear Range Light;Mount Alutom Light; Area Number 35 culirerts; Mount Santa Rosa Light; 36 acresof Camp Witek; Adelup Reservoir; Tripartite Seismograph Station Site, Land UniteM. Section 2, Land Square 20; the Power sub-station located on Lot 266,Municipality of Agat, adiacent to Erskine Drive, City of Agat.

(d) Lots 2285-5 and 2206-Iin Barrigada.

(e) All personal property relating to or used in connection with any oftheabove-described real property.

2. Thefollowing described real propertyofthe UnitedStates in Guam is herebyreserved to the United States and transferred to the administrative supervision oftheSecretary ofthe Interior, and shall be available for disposition by the secretary oftheInterior in his discretion under $28(c) ofthe said Organic Act ofGuam Isubsection(c) ofthis sectionl:

All ofthose lands which have been selected by the Secretary ofthe Navy fortransfer or sale pursuant to the Act ofNovember 15, 1945, 59 Stat. 584, topersons in replacement oflands acquired for military or naval purposes inGuam, a list and description of such lands being on file in the Department ofthe Nary.

3. In addition to the personal property described in paragraph 1(e) hereo{there is hereby reserved to the Untied States all personal property ofthe UnitedStates in Guam, except that which is transferred to the Government of Guam by orpursuant to Section 28(a) of the Organic Act of Guam lsubsection n(a) of thissectionl, which on the date ofthis order, Oct. 31, 1950, is in the custody or controlof the Department of the Army, the Department of the Air Force, the Coast Guard,or any other department or agency of the United States; and all such personalproperty shall remain in the custody and control ofthe department or agency havingcustody and control thereofon the date ofthis order (Oct. 31, 1950).-

COURT DECISIQNS:

The Guam Legislature is a part of the 'government of Guam' within themeaning of this Section (48 USCA 1421f) and, as such, may make appropriate la*firlconditions, including approval by the Legislature, on the sale, lease or disposition ofanylandstransferredbytheU.S.toGuam. Bordallov,Camacho,(1973CAg)475F.2d7L2.

Subsections (a) and (b) provided for a complete action by the United Stateswithin 90 days ofpassage. These sections haveno continuing effect into the present

SUBCH. 1 . GENERAL PRoVISIoNS . P. 14

ORGANIC ACT OT GUA[,!

day (2000). G avt. of G uam v. U S A, (C A9, Guam) No. 97- L7 I40 (08 h2 / 99), c ert. den._ U,S._, March 21, 2000, U.S. Supreme Court.

Ifthere is any aboriginal title it exists in the native inhabitants (persons) ofGuam, not in the Government of Guam. If any government is trustee of these titles,it is the UnitedStates Government.Govt.0fGuamv. USA,(CA9,Guam)No.97-17140(OS/L2/99), cert. den. - U"S. -, March 21, 2000, U,S. Supreme Courr"

S1421f-1. Acknowledgment of Deeds" Deeds and otherinstruments affecting land situated in the District of Columbia orany Territory of the United States may be acknowledged in the is,lands of Guam and Samoa or in the Canal Zone before any notarypublic orjudge, appointed therein by proper authority, or by anyofficer therein who has ex officio the powers of a notary public:Provided, That the certificate by such notary in Guam, Samoa, orthe Canal Zone, as the case may be, shall be aceornpanied by thecertificate ofthe Governor or acting governor ofsuch place to theeffect that the notary taking said acknowledgment was in fact theofficer he purported to be; and any deeds or other instrumentsaffecting lands so situate, so acknowledged since the lst day ofJanuary, 1905, and accompanied by such certifieate shall have thesame effect as such deeds or other instruments hereafter soacknowledged and certified.

SOURCE: Codified as 48 U.S.C. 142If-1. Act ofJune 28, 1908, ch" 3585, 34Stat. 552. Not in Organic Act.

$1a21g. Establishment and maintenance ofpublic bodiesand offices.

(a) Public Health Services. Subject to the laws of Guam, theGovernor shall establish, maintain, and operate public healthservices in Guam, including hospitals, dispensaries, and quarantinestations, at such places in Guam as may be necessary, and he shallpromulgate quarantine and sanitary regulations for the protectionof Guam against the importation and spread of disease.

(b) Public Education SystemJhe Government ofGuam shallprovide an adequate public edueational system of Guam, and to

SUBCH. 1 . GENERAL PROVISIONS - P. 15

OR6,,\NIC AC.T OT GTJAM

fhat end shall establish, maintain, and operate public schools

according to the laws of Guam"

(c) Offiee of Public Prosecutor; Office of Public Auditor.The Government of Guam may by law establish an Office of Public

Prosecutor and an Offiee of Public Auditor" The Public Prosecutor

and Fublic Auditor may be removed as provided by the laws of

Guam.

(dxl) Attorney General of Guam. The Attorney General of

Guam shall be the Chief Legal Offieer of the Government of Guam.At sueh time as the Office of the Attorney General of Guam shallnext become vacant, the Attorney General of Guam shall beappointed by the Governor of Guam with the advice and consent ofthe legislature, and shall serve at the pleasure of the Governor ofGuam.

(2) Instead of an appointed Attorney General, thelegislature may, by law, provide for the election ofthe Attorney

General of Guam by the qualified voters of Guam in generalelections after 1998 in whie h the Governor of Guam is elected.The term of an eleeted Attorney General shall be 4 years. TheAttorney General may be removed by the people of Guamaccording to the procedures specified in section 9-A ofthis Actor may be removed for cause in accordance with proceduresestablished by the legislature in law. A vacancy in the offfice ofan elected dttorney General shall be filled-

(A) by appointment by the Governor of Guam if suchvacancy occurs less than 6 months before a general election forthe 0ffiee of Attorney General of Guam; or

(B) by a special election held no sooner than 3 monthsafter such vacaney occurs and no later than 6 months before ageneral election for Attorney General of Guam, and byappointment by the Governor of Guam pending a specialelection under this subparagraph.

SUBCH. 1 " CENERAL PROUSIONS - P. 16

ORcANrc Asr oF GUAM

SOURCE: $29 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C.

$1421g. Subsection (b) amended by 5 and 13(a)(1) ofPub. Law 99-396, Act ofAug.27,1986. Subsection (c) added by 13(aX2) ofPub. Law 99-396, Act ofAug.27, 1986. Subsection (d) added by "The Guam Organic Act Amendmentsof1998'r, HR 2370, enacted Oct. 1998, sec.2.

COURT DECISIONS:

The supewision of all departments of the Government of Guam,including the Department of Education, rests with the Governor of Guam.Therefore, a 1972 collective bargaining agreement exceeds the authoritygivento the signatories where that agreement requires the prior approval oftheunion before any changes, or complete termination thereof, maybe made aft erthe termination date ofthe agreement. People v. Guam Federation ofTeachersLocal I 581, Conrad Stinson, Presiilent, et al. IDC GuamApp. Div. 19781 2 GuamRep.203.

Because (Organic Act) 29(a) gives supervision over health facilities inGuam to the Governor, the Legislature has no power to enact a law which, bydetermining that certain private groups would chose persons the Governorn rst appoint to the Hospital Board ofTrustees, effectively insulates the Gover-norfrom effective control of the Hospital. Eord allo v. Baldwin, [1980 CAg] 624F.2d932.

The phrase in subsection (a), "subject to the laws of Guam," appliesequally to both subsections (a) and (b). Therefore, the Goverr or ofGuam isnot free to ignore the laws ofGuam as they operate with regard to establishingrules and regulations dealing with dismissal of personnel within the govern-ment. Brownv. Civil Seryice Commission, (C.A.9 Guam 1987) 818 F.2d706,

Govt. Code $5105, coupled with P.L. 14-1, creating an elected schoolboard, violate 29(b) of the Organic Act as ofthe time ofthe enactment ofP.L.I4-L by removing from the Governor the powers given him by this section.The amendments made to this section in 1986 are not retroactive. Therefore,the elected school board is null and void, and the Governor has the power tofire the Director and Deputy Director of Education. Nelsoz & Wolfv. Ada, etal., Superior Court Case No. S.P. 192-87 (11/6/87); affd,878 F.2d 277 (CA9,1989).

S1421h. Duties, taxes and fees; proceeds collected toconstitute fund for benefit of Guam; prerequisites, amountremitted prior to commencement ofnext fiscal year.All customsduties and Federal income taxes derived from Guam, the proceedsof all taxes collected under the internal revenue laws of the United

SUBCH. 1 - GENEML PRovISIoNS - P, 17

ORGANTC Acr oF GUAM

States on articles produced in Guam and transported to the UnitedStates, its Territories, or possessions, or consumed in Guam, andthe proceeds of any other taxes which may be levied by the Congresson the inhabitants of Guam (including, but not limited to,compensation paid to members of the Armed Forces and pensionspaid toretired civilians and military employees ofthe United States,or their survivors, who are residents of, or who are domiciled in,Guam), and all quarantine, passport, immigration, and naturaliza-tion fees collected in Guam shall be covered into the treasury ofGuam and held in account for the government of Guam and shallbe expendedforthe benefit andgovernment ofGuam in accordancewith theannual budgets; exceptthatnothingin this chaptershall beconstrued to apply to any tax imposed by chapter 2 or 2l of Title26. Beginning as soon as the government of Guam enacts legisla-tion establishing a fiscal year commencing on October l and endingon September 30, the Secretary of the Treasury, prior to thecommencement of any fiscal year, shall remit to the government ofGuam the amount of duties, taxes and fees which the Governor ofGuam, with the concurrence of the government comptroller ofGuam, has estimated will be collected in or derived from Guamunder this section during the next fiscal year, except for those sumscovered directly upon collection into the Treasury of Guam. TheSecretary of the Treasury shall deduct from or add to the amountsso remitted the difference between the amount ofduties, taxes andfees actually collected during the prior fiscal year and the amountof such duties, taxes and fees as estimated and remitted at thebeginning of that prior fiscal year, including any deductions whichmay be required as a result of the operation of Public Law 94-395(90 Stat. 1199) or Public Law 88-170, as amended (82 Stat. 863).

SOURCE: $30 ofAct ofAug. 1, 1950 (Organic Act); amended Sept. 13, 1960,Public Law 86-778, Title t, $103(u), 74 Stat. 941 by adding clause beginning"except that nothing. . .".; further amended by Public Law 95-348, Act of Aug.18, 1978. Amended by 9601 ofAct ofOctober 5, 1984, P.L. 98-454 relative toreturn oftaxes paid by certain federal employees, retirees and their spouses.Codified as 48 U.S.C. $1421h.

SUBCH. 1 . GENEML PRovIsIoNs - P. 18

ORGANTC Acr oF GUAM

Guam implemented the federal fiscal year by P.L. 14-132:V:13, adding1 GCA $ 1611. The new fiscal year commenced on October 1, 1978.

NOTE: The Omnibus Territories Act of 1986 incorporates the followinglanguage relative to the receipt by Guam of money under 30 (the abovesection). The purpose ofthe new language is to exempt Guam (and the otherterritories) from the effects of the Gramm-Rudman (Deficit Reduction) Lawand similar laws.

$19(b). Pursuant to the terms ofthe Organic Act ofGuam (64Stat. 384), as amended; . . . , and an Act to authorize appropriations forcertain insular areas ofthe United States, and for other purposes (92Stat.487]ds amended; there shallbe paid into the treasury[yl ofGuam,. . " , the full amounts which are to be covered into the treasuries of saidlslands or paidpursuant to said laws as amended and supplemented andsuch amounts shall not be reduced, notwithstanding Public Law 99-l7V ,Fublic Law 99-366, or any other provisions oflaw.

COURT DECISIONS:

Under this Act [Organic Actl Congress intended employees who earnincome forpersonal services in Guam to pay income tax imposedby provisionsofAct into the territorial treasury to sustain the local government ofthe island.Lamkinv. tsrown & Root,1nc., C.A.Guam 1956,233 F.2d 320.

Where corporate employer of taxpayer in Guam withheld income taxpayments and paid them to Acting Treasurer ofGuam under this section,providing that federal income taxes derived from Guam shall be covered intothe treasury ofGuam and held on account ofthat government, and 1421i ofthis title, providing that income tax laws in force in the United States and thosewhich hereafter may be enacted shall be in force in Guam, and the U.S.construed these sections as establishing territorial tax to be administered byofficials of Guam, taxpayer could not be heard to say that tax shouid bereturned to him in order that it be paid to United States and returned to Guamtreasury from which it was taken. Laguana v. Ansell, D.C.Guam 1952, 102F.Supp.919; affd 212 F.2d207;cert. den. 75 S.Ct.51, 348 U.S.830,99 L.Ed.654.

tr 42Ii. Income Tax. (a) Applicability of federal laws;separate tax. The income tax laws in force in the United States ofAmerica and those which may hereafter be enacted shall be held tobe likewise in force in Guam: Provided, That notwithstanding any

'rther provision of law, the Legislature of Guam may levy a separate

SUBCH. 1 . CENEML PROVISIoNS . P. 19

ORcANrc Acr oF GUAM

tax on all taxpayers in an amount not to exceed 10 per centum oftheir annual income tax obligation to the government of Guam.

(b) Guam Territorial Income Tax. The income tax laws inforce in Guam pursuant to subsection (a) of this section shall bedeemed to impose a separate Territorial Income Tax, payable to thegovernment of Guam, which tax is designated the "Guam Territo-rial Income Tax".

(c) Enforcement of TaxThe administration and enforcementofthe Guam Territorial Income Tax shall be performed by or underthe supervision of the Governor. Any function needful to theadministration and enforcement of the income tax laws in force inGuam pursuant to subsection (a) ofthis section shall be performedby any officer or employee of the government of Guam dulyauthorized by the Governor (either directly, or indirectly by one ormore redelegations of authority) to perform such function.

(d) 'Income tax laws" defined; administration and enforce-ment; rules and regulations. (1) The income tax laws in force inGuam pursuant to subsection (a) of this section include but are notlimited to the following provisions of the Internal Revenue Code of1954, where not manifestly inapplicable or incompatible with theintent of this section: Subtitle A [26 U.S.C.A. $1 et seq.l (notincluding chapter 2 [26 U.S.C.A. S1401 et seq.l and section 931 (26U.S.C.A. $931);chapters 24 and 25 ofsubtitle C [26 U.S.C.A. S3401et seq. and $3501 et seq.J, with reference to the collection ofincometax at source on wages; and all provisions ofsubtitle F [26 U.S.C.A.

$6001 et seq.lwhich apply to the income tax, including provisionsas to crirnes, other offenses, and forfeitures contained in chapter 75[26 U.S.C.A. 57201 et seq.l. For the period after 1950 and prior tothe effective date ofthe repeal ofany provision ofthe Internal Reve-nue Code of 1939 which corresponds to one or more of thoseprovisions ofthe InternalRevenue Code of 1954 which are includedin the income tax laws in force in Guam pursuant to subsection (a)

SUBCH. 1 - GENEML PRowsroNS - P. 20

ORGANTC Acr oF GUAM

of this section. such income tax laws include but are not limited tosuch provisions ofthe Internal Revenue Code of1939.

(2) The Governor or his delegate shall have the same adminis-trative and enforcement powers and remedies with regard to theGuam Territorial Income Tax as the Secretary ofthe Treasury, andother United States officials of the executive branch, have withrespect to the United States income tax. Needful rules and regula-tions not inconsistent with the regulations prescribed under section7654(e) ofthe Internal Revenue Code of 1954 [26 U.S.C. S765a(e)]for enforcement of the Guam Territorial Income Tax shall beprescribed by the Governor. The Governor or his delegate shallhave the authority to issue, from time to time, in whole or in part,the text of the income tax laws in force in Guam pursuant tosubsection (a) ofthis section..

(e) Substitution of Terms. In applying as the Guam Territo-rial Income Tax the income tax laws in force in Guam pursuant tosubsection (a) ofthis section, except where it is manifestly otherwiserequired, the applicable provisions of the Internal Revenue Codesof 1954 and 1939, shall be read so as to substitute "Guam" for"United States", "Governor or his delegate" for "Secretary or hisdelegate", "Governor or his delegate" for "Commissioner oflnternalRevenue" and "Collector of Internal Revenue", "District Court ofGuam" for "district court" and with other changes in nomenclatureand other language, including the omission of inapplicable lan-guage, where necessary to effect the intent ofthis section.

(f) Criminal offenses; prosecution. Any act or failure to actwith respect to the Guam Territorial Income Tax which constitutesa criminal offense under chapter 75 of subtitle F of the InternalRevenue Code of 1954 [26 U.S.C.A. 57201 et seq.l, or the corre-sponding provisions of the Internal Revenue Code of 1939, asincluded in the income tax laws in force in Guam pursuant tosubsection (a) ofthis section, shall be an offense against the govern-

SUBCH. 1 . GENEML PRovIsIoNs . P. 21

ORGANIC ACT oF GUAM

ment of Guam and may be prosecuted in the name of the gov-ernment of Guam by the appropriate officers thereof.

(g) Liens. The Government of Guam shall have a lien withrespect to the Guam Territorial Income Tax in the same mannerand with the same effect, and subject to the same conditions, as theUnited States has a lien with respect to the United States IncomeTax. Such lien in respect ofthe Guam Territorial Income Tax shallbe enforceable in the name of and by the government of Guam.Where filing of a notice oflien is prescribed by the income tax lawsin force in Guam pursuant to subsection (a) of this section, suchnotice shall be filed in the Office ofthe Clerk ofthe District Court ofGuam.

(h) lurisdiction of District Court; suits for recovery orcollection of taxes; payment ofjudgment. (1) Notwithstandingany provision of Section 22 of this Act [section 1424 ofTitle48] orany other provisions of law to the contrary, the District Court ofGuam shall have exclusive original jurisdiction over all judicialproceedings in Guam, both criminal and civil, regardless of thedegree ofthe offense or of the amount involved, with respect to theGuam Territorial Income Tax.

(2) Suits for the recovery of any Guam Territorial Income Taxalleged to have been erroneously or illegally assessed or collected,or of any penalty claimed to have been collected without authority,or of any sum alleged to have been excessive or in any mannerwrongfully coilected, under the income tax laws in force in Guam,pursuant to subsection (a) of this section, may, regardless of theamount of the claim, be maintained against the government ofGuam subject to the same statutory requirements as are applicableto suits for the recovery of such amounts rnaintained against theUnited States in the United States district courts with respect to heUnited States Income Tax. When any judgment against thegovernment of Guam under this paragraph has become final, the

5UBCH. 1 . GENERAL PROVISIONS - P. 22

ORGANIC ACI oF GUAM

Governor shall order the payment of such judgments out of anyunencumbered funds in the treasury of Guam.

(3) Execution shall not issue against the Governor or anyofficer or employee ofthe government of Guam on a final judgmentin any proceeding against him for any acts or for the recovery ofmoney exacted by or paid to him and subsequently paid into thetreasury of Guam, in performing his official duties under theincome tax laws in force in Guam pursuant to subsection (a) ofthissection, ifthe court certifies that -

(A) probable cause existed; or

(B) such officer or employee acted under the directions ofthe Governor or his delegate.

When such certificate has been issued, the Governor shallorder the payment of such judgment out of any unencumberedfunds in the treasury of Guam.

(4) A civil action for the collection of the Guam TerritorialIncome Tax, together with fines, penalties and forfeitures, or for therecovery of any erroneous refund of such tax, may be brought in thename of and by the government of Guam in the District Court ofGuam or in any district court of the United States or in any courthaving the jurisdiction of a district court of the United States.

(5) The jurisdiction conferred upon the District Court ofGuamby this subsection shall not be subject to transfer to any other courtby the legislature, notwithstanding section 1424(a) of this title.IOrganic Act]

SOURCE: $31, containingonly subsection (a), ofAct ofAug. 1, 1950(Organic.Act); amended Aug. 20, 1958, Public Law 85-688, $1, 72 Stat. 681 - addedsubsections (b) - (h); t l l Oct. 15, 1977, Public Law 95-134, Title II, 203(c), 91Stat" 1162. Public Law 92-606, S1(d), g0 Stat. 1497, Oct. 31, 1972. Codifiedas 48 U.S.C. S1424i.

NOTE: There are many decisions, both in the District Court and the NinthCircuit Court ofAppeals, dealingrvith specific sections ofthe Internal RevenueCode as applied to Guam. These are not annotated here as they do not deal

SUBCH, 1 " GENIP"AL PRoVISIoNS - P" 23

ORGANTC Acr oF CUAM

with this Section as an Organic Act section. However, see notes to 48 USC

$142li in USCA and USCS for further information.

CROSS-REFERENCE: Section 204 ofthe Act ofOctober 5, 1984, P.L. 98-454,added the following regarding specific authority under the Internal RevenueCode:

"Section 204. (a) The Governor ofany possession ofthe United Statesmay for calendar years 1984 and 1985 proclaim a formula (different from thatprovided by $103A(g) ofthe Internal Revenue Code of1954) for allocating theState ceiling under such section among the governmental units in suchpossession having authority to issue qualified mortgage bonds (as defined in103A(c) ofsuch Code).

(b) The authority provided by subsection (a) shall not apply after theeffective date ofany legislation with respect to the allocation ofthe State ceilingenacted by the legislature ofthe possession after the date ofenactment ofthisAct.. [Oct.5, 19841

COURT DECISIONS:

Even though Guam taxpayers had, on January 20, 1958, no rightanywhere to review without payment of income tax, they were neverthelessentitled to same notice before assessment as if they had right to Tax Court orTax Court type of review, and assessment made simultaneously withannouncement of defi ciency wa sv oid. B romberg v. I ngli ng, C.A.9 (Guam) 1962,300 F.2d 859.

An order, in a tax case, denying a Motion to Dismiss and to QuashService of Summons is not appealable because it is an interlocutory order.Shaheen v. Govt. of Guam, C.A.9 (Guam) 1955, 229 F .2d773.

The Court ofAppeals, Byrne, DistrictJudge, held that the statute createda separate territorial income tax in Guam and that the Government thereofwas authorized to enforce it. Wilson v" Kennedy, C.A.g (Guam) I1SO,232F.2d153.

Action by citizens of Guam to recover income taxes assertedly illegallycollected, and permanently to restrain enforcement of income tax laws. TheDistrict Court of Guam, Territory of Guam, Paul D. Shriver, J., dismissedaction for want ofjurisdiction ofsubject matter, and plaintiffs appealed fromprior order refusing preliminary injunction and from dismissal. The Court ofAppeals, Byrne, DistrictJudge, held that complaint was insumcient, in view ofOrganic Act of Guam, which imposes a separate territorial income tax to beenforced by the proper officials of the government of Guam, but that the basisof dismissal should have been insufficiency of complaint to state claim for

SUBCH. 1 - GENERAT PRoVISI0NS. P.24

ORGANIC AcT oF GUAM

reliel ratherthanwant ofjuris diction.Phelanv. Taitano,(C.A.9 (Guam) 1956)233F.2dLr7.

The Court of Appeals held that Guam income tax assessment madesimultaneously with announcement of deficiency was invalid since 90-daynotice of assessment had not been given, lonesv, Ingling, e .A.9 (Guam) 1962,303 F.2d 438.

Under Business Privilege Tax of Guam entitling government housingcontraetor, in computing gross income subject to tax, to deduct expendituresfor direct labor and materials. deduction for direct labor and materialsincluded all labor and material costs ofcontractor directly and solely incurredin connection with housing project and was not restricted to physical labor atconstruction site and to materials becoming permanent part of the completejob,|vtaddoxv. Black, Raber-Kief (a jointventure), C.A.9 (Guam) f962,303 F.2d910.

The United States CommissioneroflnternalRevenue may not prescribeany regulationswhich are not consistentwith the federal tax statutes orwhichadd a restriction to a statute which is notjustified by the statutory language orthe intent of Congress. Smith v, Commissioner of Internal Revenue , 9 Cir., 332F.2d671,673. Except toovercomemanifestinapplicability, orincompatibilitywith thegeneralintent ofsection 3l oftheOrganicAct, as amended, Gua.m taxofficials are similarly limited. Governmentaf Guamv.Koster, C.A.9 (Guam)1966, 652 F.zd 648.

Califomia parent corporation was not aforeign corporation,for purposeof Guam corporate income tax laws, which were adaptions offederal tax laws,and Guam subsidiary was not liable for withholding tax on dividends paid top*enfl Atkins- Rtoll (Guan) Ltd. v, Govt, of Guam,C,A.9 (Guam) 1966, 367 F2d.127" [[Several Definitions, notably the definition oDomastlchavebeenalteredsince the promulgation of this Opinion. The result would be the same, butwith more restrictions added by the IRC. -- Compiler of Lawsl

Section 31 of the Organic Act was enacted by the Congress primarily torelieve the US Treasury of making direct appropriations to the Government ofGuam. Although Congress delegated collection and enforcement function ofthe income tax to the Government of Guam, the Government of Guam ispowerless to vary the terms of the.lnternal Revenue Code as applied to Guam,except as permitted by Congress. Bank of America v. Chaco, C.A.Guam 1976,539 F.2d 1 226.

Guamrs rebate and abatement provisions (GEDA law) did not violateprovisions of this section since Congress failed to annul the tax rebateprovisions within the one-yearperiod and, thus, impliedly approved the same.

SUBCH, 1 " GENERAL PRoVISIoNS . P, 25

C)RGANIC ACT OF CUAM

[That provision of 48 U.S.C.A. 91423i which gave Congressional approval ofGuam laws if not annulled by Congress within one year was repealed after thepassage ofthe tax rebate }aws.l Ramsqt v. Chaco, C.A.9 (Guam) 1977, 549 F.2d1335.

The Court ofAppeals, Browning, Circuit Judge, held that interest andcommissions received by Hawaii corporation from a Guam sole proprietorshipwhose payments were deductible business expenses were subject to the 30%Tax imposed by Internal Revenue Code on gross income receivedfrom sourceswithin United States by a foreign corporation. Sayre & Co. v. Riddell, C.A.9(Guam) 1968, 395 F ,2d 407 .

The District Court of Guam has jurisdiction, by virtue of GuamGovernment Code 19700, to redetermine deficiencies assessed under theincome tax laws of the territory of Guam. Forbesv. Maddox, C.A9 (Guam)1964, 339 F.2d387 reversing 212 F.Supp.662.

. . . , the Guamanian Government has denied Jose Flores the benefit ofcertain deductions and filing privileges, which has resulted in additional taxliability, based upon the mistaken belief that armirroredr version of section932 is applicable and controlling. Floresv. Govt. of Guam. C.A.9 (Guam) 1971,444F "2d 484,

The Court ofAppeals held that taxpayers, who were citizens ofUnitedStates and nonresidents of Guam, could not be denied right to file a jointreturn and right to a standard deduction with regard to transactions havingtheir taxable locus in Guam and further held that with regard to transactionshaving their taxable locus in Guam, corporation, which had among itsshareholders at least three nonresidents of Guam, could not properly bedenied the right to a subchapter S election. Manning v, Blaz, C.A.9 (Guam)1973, 479 F.2d. 333.

The Guam territorial income tax, enacted by Congress as part oftheOrganic Act of Guam, is not a tax imposed by Guarn for purposes of statutewhich allows a local government to tax the net income of a national bank butonce, and thus the imposition by Guam ofthe business privilege tax does notviolate said statute. Bankof Americav. Blaz,C.A.9 (Guam) 1976 ,539F.2d1226.

Because the CNMI Covenant provided that, where pertinent, theInternal Revenue Code should substitute "CNMI" for "Guam" and also for"United States", this language, being a federal public law, affected the mirrorimage tax code made applicable to Guam by this seetion. Hola esv. Dir. of Rev.& Taxation, C.A.Guam L987, 827 F.2d 1243 "

St'BcH. 1. GEiJERAT PRovrsroNs - p. 25

ORGANICAC|oFGUAM

$1421j. Appropriations Authorized. There are herebyauthorized to be appropriated annually by the Congress of theUnited States such sums as may be necessary and appropriate tocarry out the provisions ofthis chapter.

SOURCE: $32 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U,S.C.s1421j.

S1421k. Naval and Military Reservations. Nothingcontained in this chapter shall be construed as limiting the author-ity of the President to designate parts of Guam as naval or militaryreservations, nor to restrict his authority to treat Guam as a closedport with respect to the vessels and aircraft of fbreign nations.

SOURCE: 933 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C.s1421k.

COURT DECISIONS:

This chapter, providing government for Guam, did not by implicationrepeal Ex.Ord. No. 8683 reserving territorial waters between extreme high-water marks and three-mile boundaries surrounding Guam as naval defensivesea area and providing that no person, unless on public vessel ofthe UnitedStates, shall enter area. U.S, v. Angcog, D.C.Guam 1961, 190 F.Supp. 696.

NOTE: Section 34 of the Organic Act provided for the effective date of the actand gave the President some leeway in putting its provisions into effect. Theeffective date ofthe Organic Act was August 1, 1950.

$1421k-1. Expenses for Guamrs Delegate to Congress.Notwithstanding any other provision of law, the clerk hire allow-ance and the transportation expenses subject to reimbursementunder Federal law of the Delegate from Guam to the United StatesHouse of Representatives shall each be the same as allowed forMembers of the United States House of Representatives.

SOURCE: $35 of the Organic Act, as added by Act of May 27, 1975, PublicLaw 94-26, $1,89 Stat. 94, Codified as 48 U,S.C.91421k-1. See also 48 U.S.C.s17ls.

$14211. Citizenship of Persons living in and born inGuam. (Repealed.)

SUBCH, 1 . CENERAL PRoVISIoNS . P. 27

ORGANIC ACT oF GUAM

SOURCE: Organic Act 94. Repealed by Act ofJune 27 ,1952, c. 477 ,TitlelY ,S 03(a)(a2), 66 Stat.280. This Section, with changes, was re-enacted as parrof the Immigration and Nationality Act of 1952, g U.S.C. Sf 407.

$142lm. Marihuana prohibited. (Repealed.)

SOURCE: Added by Act ofAug. 1, 1956, c. 852, 915, 70 Star. 910. Not part ofOrganic Act. Repealed by Act of Oct.27,1970, Pub.L.91-S13, Title III, part B,S1101(aX8), 84 Stat. 1292 - Federal Controlled Substances Acr.

$142ln. Copyrights. The laws of the United States relating tocopyrights, and to the enforcement of rights arising thereunder,shall have the same force and effect in Guam as in the continentaLUnited States.

SOURCE: Codified as 48 U.S.C. g142tn. Act ofAug. 1, 1956, c, gS2, g24,20Stat. 911. For present copyright law, see Copyright Act, 17 U.S.C. g10t er seq.(Pub.L. 94-553, 90 Stat.2541). Not in Organic Act.

$1421o. Federal Assistance for Fire Control, WatershedProtection and Reforestation. The Secretary of Agriculture isauthorized to provide financial and technical assistance to Guam forimproving fire control, watershed protection and reforestation,consistent with existing laws, administered by the Secretary ofAgriculture, which are applicable to the continental United States.The program authorized by this section shall be developed incooperation with the territorial government of Guam and shall becovered by a memorandum or understanding agreed to by theterritorial government and the Department. The Secretary may alsoutilize the agencies, facilities, and ernployees of the Department,and may cooperate with other public agencies and with privateorganizations and individuals in Guam and elsewhere.

SOURCE: Act ofSept. 19, 1974, Public Law 93-421, 1,88 Stat. 1154. Codifiedas 48 U.S.C. 14210. Not in Organic Act.

$1421p. Appropriations Authorized. There are herebyauthorized to be appropriated such sums as may be necessary tocarry out the purposes of section I421o of this title [48 U.S.C.].Sums appropriated in pursuance of sections $1421o and $142lp ofthis title [48 U.S.C.] may be allocated to such agencies of the

SUBCH. 1. GENERAL PRovIsIoNS. P.28

ORcANrc Acr oF GUAM

Department as are concerned with the administration of theprogram in Guam.

SOURCE: Added by Public Law 93-421, 2, Sept. L9, L974,88 Stat. 1154.

Codified as 48 U.S.C. 1421p. Not in Organic Act.

$1421q. Applicability of Federal Laws. The laws of theUnited States which are made applicable to the Northern MarianaIslands by the provisions of section 502(aX1) of HJ. Res. 549

IPub.L. 92-2411, as approved by the House of Representatives andthe Senate, except for Section 228 of Title II [42 U.S.C.A. 428] andTitle XVI of the Social Security Aetl42 U"S.C.A. 1381 et seq.J as itapplies to the several States and the Micronesian Claims Act [50App. U.S.C.A. 2018 et seq.l as it applies to the Trust Territory ofthe

Pacific Islands, shall be made applicable to Guam on the same

terms and conditions as such laws are applied to the Northern

Mariana Islands.

SOURCE: Act ofApril 1, 1976, Public Law 94-255, $2,90 Stat' 300' Codified

as 48 U.S.C. $1421q. Not in Organic Aet.

SUBCH, 1 . GENERAT PRoVISIoNS . P, 29

ORGANIC Acr oF CUAM

SUBCHAPTER 2

EXECUTIVE BRANCH

5L422. Governor; Lieutenant Governor: Powers, duties.The executive power of Guam. shall be vested in an executive officerwhose official title shall be the "Governor ofGuam". The GovernorofGuam, togetherwith the LieutenantGovernor, shall be elected bya majority of the votes cast by the people who are qualified to votefor the members of the Legislature of Guam. The Governor andLieutenant Governor shall be chosen jointly. by the casting by eachvoter of a single vote applicable to both offices, If no candidatereceives a majority of the votes cast in any election, on the four-teenth day thereafter a runoff election shall be held between thecandidates for Governor and Lieutenant Governor receiving thehighest and second highest number of votes cast. The first electionfor Governor and Lieutenant Governor shall be held on November3, 1970. Thereafter, beginning rvith the year 1974, the Governorand Lieutenant Governor shall be elected every four years at thegeneral election. The Governor and Lieutenant Governor shall holdoffice for a term of four vears and until their successors are electedand qualified.

No person who has been elected Governor for two fullsuccessive terms shall again be eligible to hold that office until onefull term has intervened.

The term of the elected Governor and Lieutenant Governorshall commenee on the first lt4onday in January following the dateof election.

No person shall be eligible for election to the office of Gover-nor or Lieutenant Governor unless he is an eligible voter and hasbeen for five eonsecutive years immediately preceding the electiona citizen of the United States and a bona fide resident of Guam andwill be, at the time of taking ofiice, at least thirty years of age. The

SUBCHAPTER 2 - ExSCLnVE BRANCH. P.30

ORGANIC ACT OI GUAM

Governor shall maintain his official residence in Guam during his

incumbency.

The Governor shall have general supervision and control ofallthe departments, bureaus, agencies, and other instrumentalities ofthe executive branch of the government of Guam. He may grantpardons and reprieves and remit fines and forfeitures for offensesagainst local laws. He may veto any legislation as provided in thischapter. He shall appoint, and may retrnove, all ofificers andemployees of the executive branch of the government of Guam,except as otherwise provided in this or any other Act ofCongress,or under the laws ofGuam, and shall commission all officers he maybe authorized to appoint. He shall be responsible for the faithfuLexecution of the laws of Guam and the laws of the United Statesapplicable in Guam. Whenever it becomes necessary, in case ofdisaster, invasion, insurrection, or rebellion, or imminent dangerthereof, or to prevent or suppress lawless violence, he may summonthe posse comitatus or call out the militia or request the assistanceof the senior military or naval commander of the Armed Forces ofthe United States in Guam, which may be given at the discretion ofsuch commander if not'disruptive of, or inconsistent with, hisfederal responsibilities. He may, in case of rebellion or invasion, orimminent danger thereof, when the public safety requires it,proclaim the island, insofar as it is under the jurisdiction of thegovernment ofGuam, to be under martial law. The members oftheLegislature shall meet forthwith on their own initiative and may, bytwo-thirds vote, revoke such proclamation.

The Governor shall prepare, publish, and submit to theCongress and the Secretary ofthe Interior a comprehensive annualfinancial report in conformance with the standards of the NationalCouncil on Governmental Accounting within one hundred andtwenty days after the close of the fiscal year. The comprehensiveannual financial report shall include statistical data as set forth inthe standards oftheNational Council on GovernmentalAccountingrelating to the physical, economic, social and political charac-

SuecFieT,TeR 2 - EXECUTIVE BRANCH - P. 31

ORGANIC AcT oF GUAM

teristics ofthe government, and any other information required byCongress" The Governor shall transmit the comprehensive annualfinancial report to the Inspector General of the Department of theInterior who shall audit it and report his findings to Congress. TheGovernor shall also make such other reports at such other times asmay be required by the Congress or under applicable Federal law.He shall also submit to the Congress, the Secretary of the Interior,and the cognizant Federal auditors a written statement of actionstaken or contemplated on Federal audit recommendations withinsixty days after the issuance date of the audit report. He shall havethe power to issue executive orders and regulations not in conflictwith any applicable law. He may recommend bills to the Legislatureand give expression to his views on any matter before that body.

There is hereby established the office of Lieutenant Governorof Guam. The Lieutenant Governor shall have such executivepowers and perform such duties as may be assigned to him by theGovernor or prescribed by this chapter or under the laws of Guam.

SOURCE: Act ofAug. 1, 1950, c. 512, 96, codified as 48 U.S.C. 1422; amendedby Public Law 90-497, Sl, 82 Stat. 842 (Elective Governor Act); Public Law 97-357, 5104, 96 Stat. 1706 (Omnibus Territories Act - l0/19/82).

COURT DECISIONS:

This Section did not authorize the Governor of Guam to issue anexecutive order establishing curfew regulations during the aftermath ofTyphoon Pamela (f 976). Gayle v Government of Guam, [1976 DC Guam] 414F. Supp.636.

The Governor ofGuam, pursuant to his authority to enforce federal lawsapplicable to Guam, has the residual authority, in the absence ofthe appropri-ate federal enforcement office on Guam, to deport an alien who has overstayedhis permit. Ex parte Rogers, [1952 DC Guam] 104 F. Supp. 393.

Section 6 ofthe Organic Act does not permit the Legislature to take fromthe Governor all discretion in appointing members of the Guam MemorialHospital Board ofTrustees and, therefore, P.L. 14-9 is void as contrary to theOrganic Act. Bordallo v. Baldwin, (C.A.g 1980) 624 F.2d 932.

P.L. 16-72, by limiting the reasons for removing the TerritorialProsecutor to certain, specific reasons, violates 6 ofthe Organic Act because,

Suncsaprsn 2 - Exrcurrvn BRANCH - p. 32

ORCANIC ACT oF GUAM

by so doing, the Governor "lacks substantial power to supervise and controlthe office." People v. Perez, et al., (1982 Super.Guam) Cr. Case #59F-82;rehearing 9/82, decision sustained. Afd.,D.C.Guam App.Div. Case No. 82-0215 0 983).

". . . the Governor is authorized to exercise his executive prerogative inadririnistering the expenditure ofappropriated funds." Once a sum has beenappropriated, the Legislature cannot administer it. Santos v. Calvo, (D.C.Guam, App. Div. 1982) Civ. #80-223A.

Section 6 does not permit the Governor to act by Executive Order, wheresuch act is in direct conflict with law - Authorizins the Guam MemorialHospital Authority to continue control over GMHp -Iwhen the law divestedthe Authority of such power. GMHA v. Health Management Intl., et al.,(Super.Guam 1982) Civ. #640-82.

"lt seems reasonable to assume that if the Governor has authority toexecute federal laws applicable in Guam, then execution ofsuch laws becomesa rsubject of local appl icat ionrwhichtheGuamLegislatureisempoweredunder

the Organic Act to legislate in such matters to assist the Governor in theenforcement of his duties." People v. Salrzs, (Super.Guam 1982) Cr.#47F-82.

The supervision of all departments of the Government of Guam,inch:ding the Department of Education, rests with the Governor of Guam.Therefore, a 1972 collective bargaining agreement exceeds the authority givento the signatories where that agreement requires the prior approval oftheunion before any changes, or complete termination thereof, may be made afterthe termination date ofthe agreement. Peoplev. Guam Federation ofTeachersLocal1581, Conrad Stinson, President, et a/. [DC Guam App. Div. 1978] 2 GuamRep.203.

Govt. Code 95105, coupled with P.L. l4-1, creating an elected schoolboard, violate $29(b) ofthe Organic Act as of the time of the enactment of p.L.

1a-1 by removing from the Governor the powers given him by this section.The amendments made to this section in 1986 are not retroactive. Therefore,the elected school board is null and void, and the Governor has the power tofirethe Directorand Deputy DirectorofEducation. Nelson & Wolfv. Ada, et al.,Superior Court Case No. S,P. 192-87 (lI/6/87); affd, 878 F.2d 277 (CA?,1989).

When counting the total number of votes to determine whether agubernatorial slate has received a majority ofthose case, only votes cast for thegubernatorial slates wil l be counted - blank bal lots wil l be ignored. " ' tAlnyelection, ' therefore may be read to make i t clear that the runoffrequirementapplies equally to the init ial elect ion and to those periodical ly scheduled in the

SUBCHAPTER 2. EXECUTIVE BRANCH. P.33

ORGANIC ACT OF GUAM

future. That may not be very healy work for the phrase to perform, but a job

is a job, and enough to bar the rule against redundancy from disqualiS'ing an

otherwise sensible reading. Gutierrez et al. V' Ada e/ a/. , No' 99-51, Jan' 19,

2000, U.S. SuPreme Cor,rrt.

$L422a. Initiative, Referendum and Removal. (a) The

people of Guam shall have the right of initiative and referendum, to

Le exercised under conditions and procedures specified in the laws

of Guam.

(b) Any Governor, Lieutenant Governor, or member of the

Legislature of Guam may be removed from office by a referendum

election in which at least two-thirds of the number of persons

voting for such official in the last preceding general election at

whicir such official was elected vote in favor of a recall and in which

those sovoting constitute a majority of all those participating inthe

referendum election. The referendum election shall be initiated by

the Legislature of Guam following (a) a two-thirds vote of the

members of the Legislature in favor of a referendum, or (b) a

petition for such a referendum to the Legislature by registered

voters equal in number to at least 50 per centum of the whole

number of votes cast at the Iast general election at which such

official was elected preceding the filing of the petition.

SOURCE: $7 of the Act of Aug. 1, 1950 (Organic Act), codified as 48 U'S'C'

I422a', amended by Public Law 90- 497,52,82 Stat. 844 (Elective Governor

Act); Public Law 97-357, S101, 96 Stat. 1705 (Omnibus Territories Act -

ro/19/82).

$1422b. Vacancy in Office of Governor or Lieutenant

Governor; Temporary Disability, or Temporary Absence of

Governor. (a) Temporary disability or temporary absence of

Governor. In case of the temporary disability or temporary

absence ofthe Governor, the Lieutenant Governor shall have the

powers ofthe Governor"

(b) Permanent vacancy in office of Governor- In case of a

permanent vacancy in the office of Governor, arising by reason of

the death, resignation, removal by recall, or permanent disability of

SUBCHAPTER 2 - EXECUTIVE BRANCH. P.34

Oncesrc Acr or Guau

a Governor-elect, or for any other reason, the Lieutenant Governor,or Lieutenant Governor-elect shall become the Governor, to holdoffice for the unexpired term and until he or his successor shall havebeen duly elected and qualified at the next regular election forGovernor.

(c) Temporary disability or temporary absence oflieuten-ant Governor. In case of the temporary disability o.r temporaryabsence ofthe Lieutenant Governor, or during any period when theLieutenant Governor is acting as Governor, the Speaker of theGuam Legislature shall act as Lieutenant Governor.

(d) Permanent vacancy in office of Lieutenant Governor.In case ofa permanent vacancy in the office oflieutenant Governor,arising by reason of the death, resignation, or permanent disabilityofthe Lieutenant Governor, or because the Lieutenant Governor orLieutenant Governor- elect has succeeded to the office ofGovernor,the Governor shall appoint a new Lieutenant Governor, with theadvice and consent of the legislature, to hold office for the unex-pired term and until he or his successor shall have been duly electedand qualified at the next regular election for Lieutenant Governor.

(e) Temporary disability of temporary absence of bothGovernor and Lieutenant Governor. In case of the temporarydisability or temporary absence of both the Governor and theLieutenant Governor, the powers ofthe Governor shall be exercised,as Acting Governor, by such person as the laws of Guam mayprescribe. In case of a permanent vacancy in the offices of both theGovernor and Lieutenant Governor, the office of Governor shall befilled for the unexpired term in the manner prescribed by the lawsof Guam.

(f) Additional compensation. No additional compensationshall be paid to any person acting as Governor or LieutenantGovernorwho does not also assume the office of Governor or Lieu-tenant Governor under the provisions of this chapter.

SUBCHAPTER 2 - ExrcuTIvg BRANCH - P. 35

Onceurc Act on Guarvl

SOURCE: $8 of Act of Aug, 1, 1950 (Organic Act), codified as 48 U.S.C.

$M22b; amended by Public Law 87-419, 51, 76 Stat. 34 (Mar. 16, 1962);Public Law 90-497, $3, 82 Stat. 844 (Sept. 11, 1968) (Elective Governor Act).For implementation see 5 GCA 91101, et seq.

$L422c. Executive agencies and instrumentalities. (a)Appointment of heads; merit systemThe Governorshall, exceptas otherwise provided in this chapter or the laws of Guam, appoint,by and with the advice and consent of the legislature, all heads ofexecutive agencies and instrumentaiities. The legislature shallestablish a merit system and, as far as practicable, appointmentsand promotions shall be made in accordance with such meritsystem. The Government of Guam may by law establish a CivilService Commission to administer the merit system. Members ofthe Commission may be removed as provided by the laws of Guam.

(b) Powers and duties of officers. AII officers shall have suchpowers and duties as may be conferred or imposed upon them bylaw or by executive regulation of the Governor not inconsistent withany law.

(c) Reorganization. The Governor shall, from time to time,examine the organization of the executive branch of the governmentof Guam, and shall determine and carry out such changes thereinas are necessary to promote effective management and to executefaithfully the purposes of this chapter and the laws of Guam.

(d) Continuation in office of incumbents. All personsholding office in Guam on August 1, 1950 may, except as otherwiseprovided in this chapter, continue to hold their respective officesuntil their successors are appointed and qualified.

SOURCE: $9 of Act of Aug, 1, 1950 (Organic Act, as amended), codified as 48U.S.C. $1422c; amended by Elective Governor Act, Pub.L. 90-947, 94, 82 Stat.8a5. $9(a) amended by Pub.L. 99-396, sec. 18, Act ofAug. 27, 1986.

COURT DECISIONS:

The power to reorganize the executive branch does not extend tocreation, by Executive Order, new agencies ofthe government. Creation ofnewagencies is the prerogative ofthe Legislature. L

^guanav. Guam Visitors Bureau,

SuscHapren 2 - ExEcurrvE BRANCH - p. 36

ORGANIC ACT OF GUAM

D.C.Guam 1983, Civ. No. 83-0008. Affd. C.A.9.,725F .2d519 (1984). See alsoBordallo v. Rqtes, et al., 610 F.Supp. 1128; afld 763F.2d 1098 (1985).

Because ofthe doctrine of"separation ofpowers", the Legislature maynot hire an attorney to represent the government ofGuam in the institutionofa suit by and on behalfofthe territory. Such an act is the prerogative oftheexecutive branch, as an act "executing the laws" applicable to Guam. Gov-ernment of Guamv. United Statrs, D.C.Guam 1982, Civ. No. 82-0001.

The doctrine of"separation ofpowers" does not permit the Legislatureto enact a law by which the Judiciary appoints a person to undertake a purelyexecutive branch function, namely, the prosecution ofcriminal cases. Peoplev.Camacho, l Guam Rep. 501.

Governorrs Memorandum 33-52, authorizing inspection of personsentering Guam is qq! inconsistent with, but properly supplements customslaw which refers only to the inspection of a persoir'sbaggage. People v,Sugiyama, (C.A. Guam 1988) 846 F.2d570.

S1422d. Inspector General: Functions; Duties.(a) Functions, powers, duties transferred. The following

functions, powers, and duties heretofore vested in the governmentcomptroller for Guam are hereby transferred to the InspectorGeneral, Department of Interior, for the purpose of establishing anorganization which will maintain a satisfactory level ofindependentaudit oversight of the government of Guam:

(1) The authority to audit all accounts pertaining to therevenue and receipts of the government of Guam, and offundsderived from bond issues, and the authority to audit, inaccordance with law and administrative regulations, allexpenditures of funds and property pertaining to the govern-ment of Guam including those pertaining to trust funds heidby the government of Guam.

(2) The authority to report to the Secretary ofthe Interiorand the Governor of Guam all failures to collect amounts duethe government, and expenditures offunds or uses ofpropertywhich are irregular or not pursuant to law.

(b) Scope ofauthority transferred. The authoritygranted inparagraph (a) shall extend to all activities of the government of

SuacHeprER 2 - ExEcurrvE BRANCH - p. 37

ORcANrcAcr oF GUAM

Guam, and shall be in addition to the authority conferred upon theInspector General by the Inspector General Act of 1978 (92 Stat.1101), as amended.

(c) Transfer of Office of Comptroller Generalrs Office, etc.In order to carry out the provisions ofthis section, the personnel,assets, liabilities, contracts, property, records, and unexpendedbalances of appropriations, authorizations, allocations, and otherfunds employed, held, used, arising from, available or to be madeavailable, of the office of the government comptroller for Guamrelated to its audit function are hereby transferred to the Office ofInspector General, Department of the Interior.

SOURCE: Added by Public Law 90-497, (Elective Governor Act), S5, 82 Stat.845 Sept. 11, 1968; amended by Public Law 95-134, Title II, $203(a), Oct. 15,1977, 91 Stat. 1161. Repealed and re-enacted in its present form by Public Law97-357, $104 (Onrnibus Territories Act - I0/I9/8D, 96 Stat" 1706. Codifiedas 48 U.S.C. S1422d.

SuscFleprsn 2 - Expcurrvr BRANCH - p. 38

ORGANIC ACT oI GUAM

SUBCHAPTER 3THE LEGISLATURE

$1423. Legislature of Guam.(a) {Jnicameral nature; Powers. The legislative power and

authority of Guam shall be vested in a legislature, consisting of asingie house, to be designated the "Legislature of Guam"u hereinreferred to as the legislature.

(b) Size; Election At-large or by Districts; Limitations. Thelegisiature shall be composed ofnot to exceed twenty-one members,to be known as senators, elected at large, or elected from legislativedistricts, or elected in part at iarge and in part from legislativedistricts, as the laws of Guam may direct: Provided, That any dis-tricting and any apportionmentpursuant to this authorization andprovided for by the laws of Guam shall not deny to any person inGuam the equal protection of the laws; And provided further, Thatin any elections to the legislature, every elector shall be permittedto vote for the whole number of at-large candidates to be elected,and every elector residing in a legislative district shall be permittedto vote for the whole number of candidates to be elected within thatdistrict.

(c) Reapportionment; Federal Census BaseAnydistrictingand related apportionment pursuant to this section shall be basedupon the then most recent Federal population census ofGuam, andany such districting and apportionment shall be reexaminedfollowing each successive Federal population census of Guam andshall be modified, if necessary, to be consistent with that census.

(d) Timing of Biennial Elections. General elections to thelegislature shall be held on the Tuesday next after the first Mondayin November, biennially in even-numbered years. The legislaturein all respects shall be organized and shall sit according to the lawsof Guam.

SUBCHAPTER 2 - LEGISLATURE - P. 39

ORGANIC AcT oF GUAM

SOURCE: $10 of Act of Aug. 1, 1950 (Organic Act); amended by Public Law89-552, $1, Sept. 2, 1966, 80 Stat. 375. Codified as 48 U.S.C. $1423. The dist-ricting of the Guam Legislature has been implemented by Guam P.L. 13-152,but later null if ied by court action and not revived.

P.L. 98-213,S29(b), Act ofDec. 8, 1983, 97Stat. 1459,S1460, amendedSubsection (c) by deleting the first clause of the former section which limitedthe power ofthe Guam Legislature to make changes in the manner ofselectionno more often than every ten years.

COURT DECISIONS:

While the Legislature had not violated the Organic dct ($10) by failing

. to reapportionbecausefinalpopulation datawasunavailable, neverthelesstheexisting apportionment scheme violated this Section ($10) because thepreliminary data did indicate that the population had shifted from its originalpattern.Ramsqt v, Guam Election CommissiordD.C.Guam 1982) Civ. #82-0185.

Delegation by Legislature to Governor ofthe power to amend statutoryschedules under the Controlled Substances Act does not violate section vesting

legislative powerin the Legislature.Peoplev. Fegurgur, C.A.9 (Guam) 1986' 800F.2dL470, cert. den. 107 s.ct. 1570,94L.F-d.2s762.

$1423a. Scope of Legislative Authority: Bonding: GuamPower Authority Refinancing. The legislative power ofcuam shallextend to all rightful subjects of legislation not inconsistent withthe provisions of this chapter and the laws of the United Statesapplicable to Guam. Taxes and assessments on property, internalrevenues, sales, license fees, and royalties for franchises, privileges,and concessions may be imposed for the purposes of the govern-ment of Guam as may be uniformly provided by the Legislature ofGuam, and when necessary to anticipate taxes and revenues, bondsand other obligations may be issued by the government of Guam:Provided, however, That no public indebtedness of Guam shall beauthorized or allowed in excess of 10 per centum ofthe aggregatetax valuation of the property in Guam. Bonds or other obligationsof the government of Guam payable solely from revenues derivedfrom any public improvement or undertaking shall not be consid-ered public indebtedness of Guam within the meaning of thissection. All bonds issued by the government of Guam or by itsauthority shall be exempt, as to principal and interest, from

SUACHAPTEN 2 - LEGISLATURE - P. 40

ORGANIC ACT OF CUAM

taxation by the Government of the United States or by the govern-

ment of Guam, or by any State or Territory or any political subdi-

vision thereof, or by the District of Columbia.@ The Secretary of

the Interior (hereinafter in this section referred to as "Secretary") is

authorized to guarantee for purchase by the Federal Financing Bank

bonds or other obligations of the Guam Power Authority maturing

on or before December 31, 1978, which shall be issued in order to

refinance short-term notes due or existing on June 1, 1976 andother indebtedness not evidenced by bonds or notes in an aggregateamount of not more than $30 million, and such bank, in additionto its other powers, is authorized to purchase, receive or otherwise

acquire these same. The interest rate on obligations purchased by

the Federal Financing Bank shall be not less than a rate determined

by the Secretary of the Treasury taking into consideration the

current average market yield on outstanding marketable obligations

of the United States of comparable maturities, adjusted to the

nearest one-eighth of l per centum, plus l per centum per annum.

The Secretary, with the concurrence ofthe Secretary ofthe Trea-

sury, may extend the guarantee provision of the previous sentenceuntil December 30, 1980. The Secretary, upon determining that the

Guam Power Auihority is unable to refinance on reasonable termsthe obligations purchased by the Federal Financing Bank under thefifth sentence of this section by December 31, 1980, may, with theconcurrence of the Secretary of the Treasury, guarantee for pur-chase by the Federal Financing Bank; and such bank is authorizecto purchase, obligations of the Guam Power Authority issued torefinance the principal amount ofthe obligations guaranteed under

the fifth sentence ofthis section. The obligations that refinance such

principal amount shall mature not later than December 31, 1990,

and shall bear interest at a rate determined in accordance with

section 2285 ofTitle 72. Atthe request of the Board ofDirectors ofthe Guam Power Authority for a second refinancing agreement andconditioned on the approval of the Government of Guam pursuantto the law of Guam, and conditioned on the establishment of an

SUBCHAPTER 2 - LEGISLATURE - P. 41

ORGANTC AcT oF CUAM

independent rate-making authority by the Government of Guarrthe Secretary may guarantee for purchase by the Federal FinancingBank, on or before December 31, 1984, according to an agreementthat shall provide lor --

(a) substantially equal semiannual instailments oiprincipal and interest ;

(b) maturity of obligations no later than December 31,2004;

(c) authority for the secretary, should there be a violationof a provision of this iegislation, or covenants or stipulationscontained in the refinancing document and after giving sixtydays notice ofsuch violation to the Guam Power Authority andthe Governor of Guam, to dismiss members of the Board ofDirectors or the general manager ofthe Guam Power Author-ity, and (1) appoint in their place member\s or a generalmanagerwho shall sen e at the pleasure ofthe Secretary, or (2)contract for the manaqement of the Guam Power Authoritv:and

(d) an annual simple interest rate of seven per centum;and the Federal Financing Bank shall purchase such GuamPower Authority obligations if such Guam power Authorityobligations are issued to refinance the principal amountscheduled to mature on December 3l, 1g90. Should suchsecond refinancing occur, (1) the independent rate-makingauthority to be established by the Government of Guam, or inits absence, the Board ofDirectors ofthe Guam PowerAuthor-ity, shall establish rates sufficient to satisfy all financialobligations and future capital investment needs of the GuamPowerAuthority that shall be consistent with generally accept-ed rate- making practices of public utilities, and (2) theGovernment of Guam shall not modif the requirements ofsuch refinancing agreement without agreement of the Secre-tary. There are authorized to be appropriated to the Secretary

SUBCHAPTER 2 - LEGISLATURE - P. 42

ORc,rNlc Acr or Gu,qv

ofthe Interior for payment to the Federal Financing Bank suchsums as are necessary to pay (1) the repurchase paymentrequired under the fifth paragraph of the December 31, 1980,note from the Guam Power Authority to the Federal FinancingBank and any subsequent repurchase payments requiredunder the second refinancing agreement, and (2) the interestrate differential between the seven per centum to be paid bythe Guam Power Authority and the second refinancingagreement and the interest rate that would be otherwise bedetermined in accordance with the above cited section 2285 ofTitle 12. Should the Guam Power Authority fail to pay in fullany installment of interest or principal when due on the bondsor other obligations guaranteed under this section, theSecretary ofthe Treasury, upon notice from the Secretary shalldeduct and pay to the Federal Financing Bank or the Secretary,according to their respective interests, such unpaid amountsfrom sums collected and payable pursuant to section 142lh ofthis chapter. Notwithstanding any other provision oflaw, Actsmaking appropriations may provide for the withholding of anypayments from the United States to the government of Guamwhich may be or may become due pursuant to any law andoffsetthe amount ofsuch withheldpayments against any claimthe United States may have against the government of Guamor the Guam Power Authority pursuant to this guarantee. Forthe purpose of this chapter, under $3713(a) of Title 31 theterm rpersonr includes the government ofGuam and the GuamPower Authority. The Secretary may place such stipulations ashe deems appropriate on the bonds or other obligations heguarantees.

SOURCE: $11 ofAct ofAug. 1, 1950 (Organic Act); amended by Public Law 94-395,

$1, Sept. 3,7976,90 Stat. 1199; amended by Public Law g6-205, 9303, March 12,1980. The 1980 amendment changes all after "December 31, 1980" to enable theSecretary to extend the GPA loan guarantee" Amended further by $203 ofthe Actof Oct. 5, 1984, Pub.L. 98-454, to provide for a second refinancing by the FederalFinancing Bank. First sentence amended by The Organic Amendnents of1gg8,HR2370 (Oct" 1998) S 4. Amendment consisted ofenlarging the powers oflegislation

Suecuaprrn 2 - LecrsleruRE - P. 43

ORGANIC ACT OF GUAM

to "all rightful subjects of legislation" from "legislation . . . oflocal application".Codified as 48 U.S.C. $1423a.

CROSS-REFERENCE: Guamrs ability to issue tax-free bonds has beencircumscribed by the Tax Reform Act of 1986.

COURT DECISIONS:

Guamrs rebate and abatement tax provisions IGEDA law] designed toencourage business and industry by providing various tax assistance favoringquali$ing corporations did not violate provisions ofthis section requiring thattaxes be uniformly applicable. Ramsq, v Chacl,[1977 CAg] 549 F.2d 1335.

Law ofGuam imposing a gross tax upon persons engaged in the businessof selling tangible personal property, including that sold in foreign commerce,was invalid as posing a burden on foreign commerce and was also discrimina-tory. Ambrose, Inc. v. Maddox, IDC Guam] 203 F. Supp. 934.

Issuance of revenue bonds by Guam Telephone Authority withcontingent backing by the government of Guam has contemplated in P.L. 13-110 would constitute "public indebtedness" within the meaning of thisSection. Guam Telephone Authority v. Rivera, [1976 DC Guam] 416 F. Supp.283.

"lt seems reasonable to assume that if the Governor has authority toexecute federal laws applicable in Guam, then execution of such laws becomesa rsubjectoflocal applicationrwhich theGuamLegislatureisempoweredunderthe Organic Act to legislate in such matters to assist the Governor in theenforcement ofhis duties." Pe ople v. Salas, (Super.Guam 1982) Cr. #47F-82.

"The appointment ofprivate counsel to institute and prosecute actionsfor and in the name ofthe Government ofGuam cannot be construed as alegislative or judicial function. It is clearly an executive function." Therefore,P.L. 16-53:10 is invalid as it attempts to authorize the Legislature to hirecounsel to prosecute actions on behalf of the Government of Guam. Govern-ment of Guamv. U.S.A., (D.C.Guam 1982) Civ. #82-0001.

The Legislaturers power to legislate is prescribed and limited by thischapter, hy other acts ofCongress, and by provisions ofthe U.S. Constitution.U.S. v. Bor1a, D.C.Guam 1961, 191 F.Supp. 563.

The Legislature may pass appropriations with retroactive effect, and, inthe interim, emergency payments may be provide d. 13th Guam legislature v.Bordallo,430 F.Supp. 405, affd 588 F.2d 265.

The Commerce Clause of the U.S. Constitution has not been extendedto Guam. Sakamoto v. Duty Free Shoppers, Ltd., D.C.Guam 1983, 613 F.Supp.381, affd. 764F.2d 1285, cert. den. 106 S.Cr. 1457, 89 L.Ed.2d 715.

SUBCHAPTER 2 - LEGISLATURE - P. 44

ORGANIC ACT OF GUAM

The Legislature has power to prescribe local customs law and enforce-ment for territory of Guam. People v. Sugiyama, (C"A. Guam 1988) 846 F.2d570.

The test for whether a territorial law is preempted by a federal law is thesame as the test for preemption by federal law of'a state law under theSupremacy Clause of the U.S. Constitutian, Guam Fresh, Inc' v' Governor ofGuam. (C.A. Guam 1988) 849 F.2d 436.

S1423b. Selection and Qualification ofMembers; Officers;Rules; Quorum. The legislature shall be the judge of the selectionand qualification of its own members. It shall choose from itsmembers its own officers, determine its rules and procedure, notinconsistent with this chapter, and keep a journal. The quorum ofthe legislature shall consist of a simple majority of its members.No bill shall become a law unless it shall have been passed at ameeting, at which a quorum was present, by the affirmative vote ofa majority of the members present and voting, which vote shall beby yeas and nays.

SOURCE: $12 of Act of Aug. 1, 1950 (Organic Act); amended by Public Law90-497, S6(b), Sept. 11, 1968, 82 Stat. 846. (Elective Governor Act). Codifiedas 48 U.S.C. S1423b. Quorum requirements were amended to "a simplemajority" from "eleven" by The Orynic Act Amendments of 1998, HR 2370, 530ct. 1998) in response to the local reduction of the Legislature from 21members to 15.

$1423c. Privileges of Members. (a) The members of thelegislature shall, in all cases except treason, felony, or breach ofthepeace, be privileged from arrest during their attendance at thelegislature and in going to and returning from the same.

(b) No member of the legislature shall be held to answerbefore any tribunal other than the legislature itselffor any speechor debate in the Legislature.

SOURCE: $13 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C.g 1423c.

COURT DECISIONS;

The "speech and debate" clause (subsection (b) of Organic Act $13)protects a senator from a deposition in which the information sought is that

SugCuePrPN 2 - LEGISLATURE - P. 45

ORGANIC AcT OF GUAM

which was "acquired" by the senator in the course of her official duties;

therefore, a writ ofmandate will issue forbidding the deposition ofthe senator

to be taken. Wilkinson, et al. v. OtNeil, (D.C.Guam App. Div. 1983) Civ. App.

#81-0100A.

. "Although the Senator's actions are disturbing and cause us concern, the

broad interpretation ofthe Speech or Debate Clause, coupled with the specific

factual circumstances ofthis case, lead us to the conclusion that the playing of

the tape was a legitimate legislative act protected by the Speech or DebateClause; therefore, the Senator's actions were p rivileged,." Hamletv. Charfauros,1999 Guam 19, Supreme Court ofGuam.

S1423d. Oaths ofoffice. Every memberofthe legislature andall officers ofthe government of Guam shall take the following oathor amrmation:

"l solemnly swear (or amrm) in the presence ofAlmightyGod that I will welland faithfully support the Constitution ofthe United States, the laws of the United States applicable toGuam and the laws of Guam, and that I will conscientiouslyand impartially discharge my duties as a member of the GuamLegislature (or as an officer of the government of Guam)."

SOURCE: $14 of Act of Aug. l, 1950 (Organic Act). Codified as 48 U.S.C.s1423d.

$1423e. Prohibition against accepting certain appoint-ments and salary increases" No member of the legislature shall,during the term for which he was elected or during the year follow-ing the expiration of such term, be appointed to any office whichhas been created, or the salary or emoluments of which have beenincreased during such term.

SOURCE: $15 of Act of Aug. l, 1950 (Organic Act). Codified as 48 U.S.C.

$ 1423e.

$1423f" Qualifications of Legislators. No person shall sit inthe legislature who is not a citizen of the United States, who has notattained the age of twenty-five years and who has not been domi-ciled in Guam for at least five years immediately preceding thesitting of the Iegislature in which he seeks to qualify as a member,

SuscFlaprEn 2 - LEGISLATURE - P. 46

ORGANIC ACT OT GUAM

or who has been convicted of a felony or of a crime involving moralturpitude and has not received a pardon restoring his civil rights.

SOURCE: $16 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C,s1423f.

$14239. Vacancies. Vacancies occurring in the legislatureshall be filled as the legislature shall provide, except that no personfilling a vacancy shall hold office longer than for the remainder ofthe term for which his predecessor was elected.

SOURCE: $17 of Act of Aug. 1, 1950 (Organic Act). Codified as 48 U.S.C.g1a239.

S1423h. Regular and Special Sessions. Regular sessions ofthe legislature shall be held annually, commencing on the secondMonday in January (unless the legislature shall by law fix a differentdate), and shall continue for such term as the legislature mayprovide. The Governor may call special sessions of the legislatureat any time when, in his opinion, the public interest may require it.No legislation shall be considered at any special session other thanthat specified in the call therefor or in any special message by theGovernor to the legislature while in such session. All sessions of theIegislature shall be open to the public.

SOURCE: $18 of Act of Aug. 1, 1950 (Organic Act); amended by Public Law90-497, $6(a), Sept. 11, 1968, 82 Stat. 846 (Elective Governor Acr). Codifiedas 48 U.S.C. 91423h. This amended section is implemented by Guam P.L. 13-152:3.

S1423i. Approval of Bills" Every bill passed by the legislatureshall, before it becomes a law, be entered upon the journal andpresented to the Governor. If he approves it, he shall sign it, but ifnot he shall, except as hereinafter provided, return it, with hisobjections, to the legislature within ten days (Sundays excepted)after it shall have been presented to him. If he does not return itwithin such period, it shall be a law in like manner as if he hadsigned it, unless the legislature by adjournment prevents its return,in which case it shall be a law ifsigned by the Governor within thirtydays after it shall have been presented to him; otherwise it shall not

SUBCHAPTER 2 . LEGISLATURE - P. 47

ORGANTC Acr oF GUAM

be a law. When a bill is returned by the Governor to the legislaturewith his objections, the legislature shall enter his objections at largeon its journal and, upon motion of a member of the legislature,proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall bea law. If any bill presented to the Governor contains several itemsof appropriation of money, he may object to one or more of suchitems, or any part or parts, portion or portions thereof, whileapproving the other items, parts, or portions of the bill.In such acase he shall append to the bill at the time of signing it, a statementof the items, or parts or portions thereof, to which he objects, andthe items, or parts or portions thereof, so objected to shall not takeeffect. All laws enacted by the legislature shall be reported by theGovernor to the head ofthe department ofagency designated bythePresident under section l42laofthis chapter. The Congress oftheUnited States reserves the power and authority to annul the same.

SOURCE: $19 ofAct of Aug. 1, 1950 (Organic Act); amended by P.L.90-947,

S8(b), Sept. 1 1, 1968, 82 Stat. 847 (Elective Governor Act); and Public Law 93-608, $1(14), Jan .2,1975,88 Stat. 1969. Codified as 48 U.S.C. $1423i.

COURT DECISIONS:

Under this Section, the Legislature could override items vetoed by theGovernor in the same manner as it can override the Governorrs general veto.l3th Guam Legislature v. Bordallo, 11977 DC Guaml 430 F. Supp. 405.Affirmed, 588 F.2d 265.

Governor properly exercised his pocket veto by failing to sign a billdelivered to him during a legislative recess where the Legislature was in recessfor a period longer than 10 days after it has presented the bill to him, andwhere the Legislature provided no officer ofits own to receive communicationsfrom the Governor during this recess. Bordallo v Camacho, [1975 CA 9] 520t .zo /63.

Duty ofthe Governor to report laws to the Secretary oflnterior is anondiscretionary ministerial duty, the performance ofwhich can be mandatedby a court. Bordallo v Camacho, [1975 CAg] 520F.2d763.

Neither the Government of Guam nor the Guam Police Departmentwere"persons"underthe federal Civil Rights Act, 28 U.S.C.A. I9Silgiaingasv. Sanchez, et al,, (C.A. Guam 1988) 858 F.2d 1368.

SUBCHAPTER 2 - LEGISLATUNT - P. 48

ORGANIC ACT OF GUAM

SUBCHAPTER 4THE JUDICIARY

5L424. Courts of Guam; Jurisdiction; Procedure"(a) District Court of Guam; local courts. The judicial

authorityofGuam shall bevested in a court ofrecord establishedbyCongress, designated the "District Court of Guam", and such localcourt or courts as may have been or shall hereafter be established bythe laws of Guam in conformity with section L424-L of this Title.

(b) |urisdiction. The District Court of Guam shall have thejurisdiction of a district court of the United States, including, butnot limited to, the diversity jurisdiction provided for in 1332 oftitle28, United States Code, and that ofa bankruptcy court oftlre Uniteo

States.

(c) Original LocalJurisdiction. In addition to the jurisdiction

described in subsection (b) of this section, the District Court of

Guam shall have original jurisdiction in all other causes in Guam,jurisdiction over which is not thenl vested by the legislature in

another court or courts established by it" In causes brought in thedistrict court solely on the basis ofthis subsection, the district courtshall be considered a court established by the laws of Guam for thepurpose of determining the requirements of indictment by grandjury or trial by jury.

SOURCE: $22 ofAct ofAug. 1, 1950 (Organic Act); amended by Act ofAug.27, 1954, c. 1017, 51, 68 Stat. 882; Act oflune 4, 1958, Public Law 84-444, $1,$2,72}tat.178; Act ofIL/06/78, Sec.335 (BankruptcyReform Act) P.L' 95-

598, 92 Stat. 2594. Repealed and reenacted by $801 ofthe Act ofOctober 5,

1984, Pub.L. 98-454. Codified as 48 U.S'C. 1424.

GUAM COMPILER'S COMMENT: The 1984 amendments are two -

reference to creation oflocal courts and theirjurisdiction in $1424'1, which

was also added as part of the same amendments and rthe addition of the word"then" to refer to the situation at the time the question at issue arises, not thejurisdiction in place at the time of the amendment to this Act, or at someprevious time with the Legislature had removed alllocaljurisdiction from theDistrict Court. The Appellate Division had ruled that, once the Legislature

SuncHePren 4 - JUDICIARY - P. 51

ORGANrC Ac"r oF GUAM

turned over all localjurisdiction to the local courts, it could not thereafter addany local jurisdiction to the District Court. This amendment cured suchopinion by making the determination as to whether the District Court had thelocal jurisdiction at the time the question arose, not when the Legislaturetransferred all localjurisdiction to local courts (in 1974).

COURT DECISIONS:

See Notes of Decisions following $1424 in Title 48, U.S.C.A.

The District Court of Guam has jurisdiction, by reason of GovernmentCode $L9700, [11 GCA S361011 to redetermine deficiencies assessed under theincome tax laws of the territory of Guam. Forbes v.2 Maddor ICA 9] 339 F.2d.387, reversing 212 F. Supp. 662.

Removal by non-resident from the Guam Island Court to the DistrictCourt ofGuam is a corollary to the existence ofdiversityjurisdiction in the

Guam District Court. Jones & Guerrerl, Companyv. SealifiPacifc, [1977, CA Ii

554 F.2d 984. [Reversed by Chase Manhattan Bank [National Association] v.

South Acres Development Companl, (1978 US) 98 S.Ct. 544.1 Result ofthis latter

case overturned as to later cases, through amendment to S1424(b) ofthis

chapter.

The Distr ict Court ofGuam does not possess diversityjurisdict ion as

Congress has not granted suchjurisdiction to the District Court in this Section.This section grants [ederal questionjurisdiction to the District Court, but doesnot grant diversityjurisdiction since the cause ofaction in diversity cases arisesunder the laws ofthe state wherein the action originated, rather than under thelaws ofthe United States through the diversity statute of28 USC1332. ChaseManhattan Bank INational Association] v, South Acres Development Company,

[1978 US] 98 S.Ct. s44.

Since the Court Reorganization Act of1974 (Guam P.L. 12-85) removedall local, original jurisdiction from the District Court, it cannot later addadditional, original, local jurisdiction to that court and, thus, 8 GCA S65.17,as amended by P.L. 15-94:2, which granted certain interlocutory review powersto the "Trial Division" ofthe District Court was invalid as contrary to OrganicAct22(a). Guamv. Quitugua,(I981DC Guam App. Div.) D.C" Crim. App.#79-

75A: affd CAg. 654 F.2d731.

"The Guam Legislature has the power to determine the appellatejurisdiction of the District Court. Therefore, review from decisions of

$65.1s(a)-(c) motions should only be by the method prescribed by the GuamLegislature." The Legislature withdrew from the District Court thejurisdictionto hear defendantsr interlocutory reviews of$65.15 (a)-(c) motions and gaveto the government only the right to appeal pre-trial motions suppressing

SuecrnprER 4 - JUDICIARY - P. 52

ORGANIC Act oFGUAM

evidence (P.L. 15-i47). Peoplev. District Court ofGuan (ames, Real Party in

Intercst), [1981 CAg] No. 80-7352, 641 F.2d 816.

When this section ($1424) was amended in 1958, the Court will not

interpret the amendment increasing the civil jurisdiction ofthe District Court

as stripping it ofalready existing criminaljurisdiction, especially since there is

not stated intent to such a thing. Therefore, the District Court ofGuam hasjurisdiction to try federal criminal cases' U.S. v' Sanl0s,.(1980 CAg) 623 F.2d

75.

"The assertion ofa constitutional right byway ofa collateral attack upon

a criminal conviction is no more the assertion of a cause'arising under'theConstitution within the meaning of this provision than would be the assertionof the same right in the course of a criminal proceeding before the Superior

Court of Guam." Padorv. Mantanane, (CAg 1981) 653F.2d1277.

District Court hadjurisdiction to reviewjuvenile courtrs order certifyingdefendant to stand trial as an adult.Peoplev. Kingsbury, (CAg 1981) 649 F.2d

740.

A declaratory judgment questioning the constitutionality of a local law

arises'under'that law, notrunderr the Constitution or laws of the United

States; therefore, the Superior Court is the proper court in which to bring the

action. North, Attornqt Generalv. ElectionCommssion, (Super.Guam 1981) Civ'

#595-79. See also Auery u. 16th Guam Legislature and the Ciuil Service Commis'

sion, (D.C. Guam 1981) Order of Remand, Civ. #81-0069 & #81-0070; and

Suruhanu v. Superior Court, (D.C.Guam 1981) Civ. #81-0104'

District Court ofGuam does havejurisdiction over transitory causes of

action arising outside of Guam. Pederson v. IJniteil States, [DC Guam] 191 F.

Supp.95.

Supreme Court of Guam could perform limited non-appellate functionofhearingobjection to authority ofthe special prosecutorappointedundertheIndependent Special Prosecutor Act of 1974 (Public Law l2'I73). Sanchez v.

Supreme Court of Guam, [1975 DC Guam] 416 F.Supp. 1.

$1424-1. Local Courts; Appellate Court Authorized. (a)

Composition; establishment of local appellate court. The local

courts of Guam shall consist of such trial court or courts as mayhave been or may hereafter be established by the laws of Guam. On

.or after the effective date of this Act [January 5, 1985], the legisla-ture of Guam may in its discretion establish an appellate court.

SUBCHAPTER 4 - JUDICIARY - P. 53

ORGANIC Ac-T oF CUAM

(b) Local Court jurisdiction. The legislature may vest in thelocal courts jurisdiction over all causes in Guam over which anycourt established by the Constitution and laws of the United Statesdoes not have exclusive jurisdiction. Such jurisdiction shall besubject to the exclusive or concurrentjurisdiction conferred on theDistrict Court of Guam by section I424(b) of this title.

(c) Local practice & procedure; localjudges. The practiceand procedure in the local courts and the qualifications and dutiesofthejudges thereofshall be governed by the laws ofGuam and therules ofthose courts.

SOURCE: Added as $22A by 801 ofPub.L.98-454. 10/5/84. Codified as 48u.s.c.A. s1424-1.

5L424-2.Relations between U.S. courts and Guam courts:Ninth Circuit review: reports to Congress: rules. The relationsbetween the courts established by the Constitution or laws of theUnited States and the local courts of Guam with respect to appeals,certiorari, removal of causes, the issuance ofwrits ofhabeas corpus,and other matters or proceedings shall be governed by the laws ofthe United States pertaining to the relations between the courts ofthe United States, including the Supreme Court of the LlnitedStates, and the courts of the several States in such matters andproceedings: Provided, That for the first fifteen years following theestablishment of the appellate court authorized by $1424-1(a) ofthis title, the United States Court of Appeals for the Ninth Circuitshall have jurisdiction to review by writ of certiorari all finaldecisions of the highest court of Guam from which a decision couldbe had. The Judicial Council of the Ninth Circuit shall submitreports to the Committee on Energy and Natural Resources of theSenate and the Committee on Interior and Insular Affairs of theHouse of Representatives at intervals of five years following theestablishment of such appellate court as to whether it has developedsufficient institutional traditions to justify direct review by theSupreme Court of the United States from all such final decisions.The United States Court of Appeals for the Ninth Circuit shall have

SUBCHAPTER 4 - JuDrcrARY - P. 54

ORcANrcAcr oF Gur'.M

jurisdiction to promulgate rules necessary to earry out the provi-sions of this subsection.l

SOURCE: $22B added by 9801 ofthe Act ofOctober 5, 1984. Codified as 48U.S.C.A. 91424-2.

1 "subsection" is in original. Probably should be "section".lNote from U.S.C.A.l

COURT DECISIONS:

The test for determining whether decision of the Appellate Division isfi nal forpurposes ofappeal is whether U.S" Supreme Courtwould hear the caseifit were a judgment from a statecaurt.Kiaainav.lackson, (C.A.9 Guam 1988)85LF.2d287.

$1424-3. Appeals Before Local Appellate Court is Created.(a) Appellate Jurisdiction of District CourPrior to the establish-ment of the appellate court authorized by $1424-1(a) of this title,the District Court of Guam shall have sueh appellate jurisdictionover the local courts of Guam as the legislature may determine:Provided, That the legislature may not preclude the review of anyjudgment ororderwhich involves the Constitution, treaties, orlawsof the United States, including this chapter, or any authority exer-cised thereunder by an officer or agency of the Government of theUnited States, or the conformity of any law enacted by the legisla-ture ofGuam or ofany orders or regulations issued or actions takenby the executive branch of the government of Guam with theConstitution, treaties, or laws of the United States, including thischapter, or any authority exercised thereunder by an officer oragency of the United States.

. (b) Appellate Division of the District Court; Judges; proce-dures; decisions. Appeals to the District Court of Guam shall beheard and determined by an appellate division of the court consist-ing of three judges, of whom two shall constitute a quorum. Thedistrict judge shali be the presiding judge of the appellate divisionand shall preside therein unless disqualified or otherwise unable toact. The other judges who are to sit in the appellate division at anysession shall be designated by the presiding judge ftom among rhejudges who are serving on, or are assigned to the district eourt from

SUBCHAPTER 4 - Junrcnny : p" 55

ORGANIC ACT OF GUAM

time to time pursuant to $1424b of this title: Provided, That no

more than one ofthem may be a judge of a court of record of Guam.

The concurrence oftwojudges shall be necessary to any decision of

the appellate division of the district court on the merits of an

appeal, but the presiding judge alone may make any appropriate

orders with respect to an appealpriorto the hearingand determina-

tion thereof on the merits and may dismiss an appeal for want ofjurisdiction or failure to take or prosecute it in accordance with the

applicable law or rules ofprocedure.

(c) U"S. Court of Appeals for the Ninth Circuit: jurisdic-

tion; appeals; rules. The United States Court of Appeals for the

Ninth Circuit shall have jurisdiction of appeals from all final

decisions ofthe appellate division ofthe district court. The United

States Court of Appeals for the Ninth Circuit shall have jurisdiction

to promulgate rules necessary to carry out the provisions of this

subsection.

(d) Appeals to local appellate court; ettect on Llrstrlct

Court. Upon the establishment of the appellate court provided forappellate effect Districtlocal

in S1424-1(a) of this title all appeals from the decisions of the local

courts not previously taken must be taken to the appellate court.The establishment ofthe appellate court shall not result in the loss

ofjurisdiction ofthe appellate division ofthe district court over any

appeal then pending in it. The rulings of the appellate division ofthe district court on such appeals may be reviewed in the UnitedStates Court of Appeals for the Ninth Circuit and in the SupremeCourt notwithstanding the establishment of the appellate court.

SOURCE: $22C added by $S01 of the Act of October 5, 1984, I{R5561.

Codified as 48 U.S,C.A.

COURTDECISIONS:

We conclude that Guam is not an agency of the federal government for

purposes of the 60-day time limit on appeals in suits involving such agencies

under Rule 4(a). Blazv. Govt. of Guam, C.A.9 (Guarn) 1991, 941 F.2d778.

SUBCHAPTER 4 - TUDICIARY. P. 56

ORGANIC ACT oF GUAM

NOTE: Section 1003, codified as 49 U.S.C.A. 91493, of the Act of October 5,1984, P.L. 98-454, added the following regarding the jurisdiction of the U.S.District Court for the 9th Circuit:

$1493. Criminal Appeals by local governments. The prosecution ina territory or Commonwealth is authorized - unless precluded by local law -to seek review or other suitable relief in the appropriate local or Federalappellate court, or where applicable, in the Supreme Court of the UnitedStates from:

(a) a decision, judgment, or order of a trial court dismissing anindictment or information as to any one or more counts, except thatno review shall lie where the constitutional prohibition against doublejeopardy would further prosecution;

(b) a decision or order ofa trial court suppressing or excludingevidence or requirirrg the return of seized property in a criminalproceeding, not made afterthe defendant has been put injeopardyandbefore the verdict or finding on an indictment or information, if theprosecution certifies to the trial court that the appeal is not taken forthe purposes ofdelay and that the evidence is a substantial proofofafact material in the proceeding; and

(c) an adverse decision, judgment, or order of an appellatecourt."

Section 1005 of the Act of October 5, 1984, P.L. 98-454,provides, as effective dates for such Act:

"1005. Titles VII, VIII, IX and X [dealing with the judiciaryl ofthis Act shall become effective on the ninetieth day followingtheir enactment."

COURT DECISIONS:

Panel ofAppellate Division was required to consider mandamus petitionchallenging assignment ofcriminal cases bypresidingjudge ofSuperiorCourt.Presiding Judge of Appeliate Division could not unilaterally dispose ofmandamus petition on the merits. Cruz v. Abbate, C.A.9 (Guam) 1987 , 812F.2d 571.

1. Deferential standard ofreview is not to be applied to the constructionoflocal law by the Appellate Division ofthe District Court. Strict standard ofreview de novo review is applicable.

2. Courts ofGuam may not rely upon unpublished decisions ofthe NinthCircuit. People v. Yang C"A.9 (Guam) 1988, upon rehearing en banc, 850 F.2d

SUBCHAPTER 4 - JUDICIARY - P. 57

ORGANIC ACT OF GUAM

507; overruling People v. Yang, (C.A.9 Guam 1987) (panel decision) 800 F.2d945.

Court of Appeals must affirm decisions of the Appellate Division onmatters of local law, if they are based upon a tenable theory and are notmanifestly erroneous. Hair v. Pangelinan, C.A.9 (Guam) 1987, 816 F.2d 1341.

Guam Legislature had no authority to divest the District Court ofGuamofits appellatejurisdiction, whichjurisdiction was created under this section

[before the 1984 amendments]. The Legislature has no power to, in effect,divest the Ninth Circuit ofits review oflocal cases through the District CourtrsAppellate Division. Peoplev. Olsen,ll977, USI 431U.S. 195, 97 S.Ct.1774.

"ln reviewing a decision ofa territorial court, we are required to give ahigh degree ofdeference to its determination of local law. Specifically, we maynot overturn the decision ofthe District Court ofGuam on a matter oflocallaw, custom, or policy if the decision if the decision is based upon a tenabletheory and is not inescapably wrong or manifest error. (Citations omitted) If

the decision is based upon a tenable theory, we may not reverse even if we

disagree with the ruling or believe that the territorial court's conclusion is the

least desirable ofseveral possible alternatives. (Citations omitted) Schenckv'Govt. of Guam, (1979 CAg) 609 F.2d 387.

Guamrs authority to appeal from decisions of the Appellate Division ofthe District Court is determined by federal, not local law. Guam may notappeal a decision afiirming the withdrawal of a guilty plea as such withdrawalis not a final decision underfederallaw. Peoplev, Estrebor, (C.A.9 Guam 1988)848 F.2d 1014. [See NOTE, above.]

Appellate Division could render a decision by quorum of two judgesafter the third judge had recused himself from the case. De Vera v. Blaz, (C.A.9Guam 1988) 851F.2d294.

$1424-4" Applicability oflaws & Rules. Where appropriate,the provisions ofPart II oftitle 18 and title 28, and notwithstandingthe provision in rule 54(a) Federal Rules of Criminal Procedurerelating to the prosecution of criminal offenses on Guam byinformation, the rules of practice and procedure heretofore orhereafter promulgated and made effective by the Congress or theSupreme Court ofthe United States pursuant to titles 11, 18 and 28,shall apply to the District Court of Guam and appeals therefromexcept that the terms "Attorney for the government" and "United

States attorney", as used in the Federal Rules of Criminal Procedure,

SUBCHAT.TER 4. JUDICIARY. P.58

ORGANIC ACT oT GUAM

shall, when applicable to cases arising under the laws of Guam,including the Guam Territorial income tax, mean the AttorneyGeneral of Guam or such other person or persons as may beauthorized by the laws of Guam to act therein.

SOURCE: Portion added by g1 of the Act of Aug. 27 , L954 (68 Stat. 882).Reenacted by $801 ofthe Act ofOct. 5, 1984, Pub.L. 98-454. Clause relatingto trial byjury being subject to laws ofGuam repealed by 9803 ofAct ofOctober 5, 1984, Pub.L. 98-454. Codified as 48 U.S.C.A. 51424-4.

$1424a. Appeals from District Court. RepealedbyAct ofOc. 30,1951, c. 655, $56(e), 65 Stat. 729. For present provisions on appeals from theDistrict Court of Guam, see 28 U.S.C. $41, 51252, 91292 and 91294. Formerlycodified as 48 U.S.C. $1424a.

$1424b. District Court fudge; U.S. Attorney; Marshal;Applicability of laws. (a) The President shall, by and with theadvice and consent of the Senate, appoint a judge for the DistrictCourt of Guam who shall hold office for the term of ten years anduntil his successor is chosen and qualified unless sooner removedby the President for cause. The judge shall receive a salary payableby the United States which shall be at the rate prescribed for judgesof the United States district courts.

The Chief Judge of the Ninth Judicial Circuit of the UnitedStates may assign ajudge ofa local court ofrecord or ajudge oftheHigh Court of the Trust Territory of the Pacific Islands or a circuitor districtjudge ofthe ninth circuit, or a recalled seniorjudge oftheDistrict Court of Guam or of the District Court for the NorthernMariana Islands, or the ChiefJustice ofthe United States may assignany other United States circuit or district judge with the consent ofthe judge so assigned and ofthe chiefjudge ofhis circuit, to servetemporarily as a judge in the District Court of Guam whenever it ismade to appear that such an assignment is necessary for the properdispatch ofthe business ofthe court.

(b) The President shall appoint, by and with the advice andconsent ofthe Senate, a United States attorney and United States

SUBcHAPTER 4 - JUDIcTARY - P. 59

ORGANIC ACT OF GUAM

marshal for Guam to whose offices the provisions of chapters 35and 37 of Title 28, United States Code, respectively, shall apply.

SOURCE: $24 ofAct ofAug. 1, 1950 (Organic Act); amended by Act ofJune

4, 1958, Public Law 85-444, $3, 72 Stat. 179; Amended by $802 ofthe Act of

October 5, 1984, P.L. 98-454. Section codified as 48 U.S.C. $1424b.

NOTE: Relative to the appointment and service of the district court judge,

$1002 ofthe Act ofOct. 5, 1984 provides:

"1002. (a) Any judge or former judge who is receiving, or will

upon attainingthe age ofsixty-fiveyears be entitled to receive, payments

pursuant to $373 oftitle 28, United States Code. may elect to become a

senior judge of the court on which he served while on active duty.

(b) The chiefjudge ofajudicial circuit may recall any such seniorjudge ofthe circuit, with thejudgers consent, to perform in the District

Court of Guam, the District Court of the Virgin Islands, or the District

Court for the Northern Mariana Islands such judicial duties andfor such

periods of time as the chiefjudge rnay speci$.

(c) Any act or failure to act by a senior judge performing judicial

duties pursuant to this section shall have the same force and effect as if

it were the act or failure to act ofajudge on active duty, but such senior

judge shall not be counted as ajudge ofthe court on which he is serving

for purposes ofthe number ofjudgeships authorized for that court.

(d) Any senior judge shall be paid, while performing duties

pursuant to this section, the same compensation (in lieu of payments

pursuant to 373 oftitle 28. United States Code, and the same allowances

for travel and other expenses as a judge in active service.

(e) Seniorjudges under subsection (a) ofthis section shall at all

times be governed by the Code ofJudicial Conduct for the United Statesjudges, approved by the Judicial Conference ofthe United States.

(0 Any person who has elected to be a senior judge under

subsection (a) ofthis section and who thereafter -

(1) accepts civil office or employment under the Govern-

ment of the United States other than the performance ofjudicial

duties pursuant to subsection (b) ofthis section;

(2) engages in the practice oflaw; or

(3) materially violated the code ofjudicial conduct for the

United States judges, shall cease to be a senior judge and to be

eligible for recall pursuant to subsection (b) ofthis section."

SUBCHAPTER 4 - Juotcnnv - n. 60

ORGANIC Acr oF GUAM

$L424c. Review of Land Claims.(a) Jurisdiction Notwithstanding any law or court decision to

the contrary, the District Court of Guam is hereby granted authorityand jurisdiction to review claims of persons, their heirs or legatees,from whom interests in land on Guam were acquired other thanthrough judicial condemnation proceedings, in which the issue ofcompensation was adjudicated in a contested trial in the DistrictCourt of Guam, by the United States between July 21,1944 andAugust 23, 1963, and to award fair compensation in those caseswhere it is determined that less than fair market value was paid asa result of (1) duress, unfair influence or other unconscionableactions, or (2) unfair, unjust, and inequitable actions of the UnitedStates.

(b) Acquisitions affected through condemnation proceed-ings. Land acquisitions effected through judicial condemnationproceedings in which the issue of compensation was adjudicated ina contested trial in the District Court of Guam, shall remain resjudicata and shall not be subject to review hereunder.

(c) Fair compensation. Fair compensation for purposes ofthis Act [Act of Oct. 15,1977, Public Law 95-134, 91 Stat. 1159] isdefined as such additional amounts as are necessary to effectpayment of fair market value at the time of acquisition, if it isdetermined that, as a result of duress, unfair infltrence, or otherunconscionable actions, fair market value was not paid.

(d) Special masters or judges. The District Court of Guammay employ and utilize the services of such special masters orjudges as are necessary to carry out the intent and purposes hereof.

(e) Awards. Awards made hereunder shall be judgmentsagainst the United States.

(D Limitation on Attorneyrs fees: violation; penalty.Attorney's fees paid by claimants to counsel representingthem maynot exceed 5 per centum of any additional award. Any agreement tothe contrary shall be unlawful and void. Whoever, in the United

SUBCHAPTER 4 - ]uDrcrARy - p. 61

ORGANTC Act oF GUAM

States or elsewhere, demands or receives any remuneration inexcess of the maximum permitted by this section shall be guilty ofa misdemeanor and, upon conviction thereof shall be fined notmore than $5,000 or imprisoned not more than twelve months, orboth. A reasonable attorneyrs fee may be awarded in appropriatecases.

(g) Availability of documents, records and writing. Allagencies and departments of the United States Government shall,upon request, deliver to the court any documents, records, andwritings which are pertinent to any claim under review.

SOURCE: Added byAcr ofOct. 15, 1977, pub.L. 95-134, Title II, S204, 91 Star.1162. Final sentence ofsubsection (c), prohibiting the payment ofinterest onthe awards, was deleted - thus permitting interest - by pub.L. 96-205:301, Actof March 12, 1980. Codified as 48 U.S.C. 91424c.COT]RT DECISIONS;

Under this section (1424c) the District Court ofGuam has discretionaryauthority to grant trial by jury on the issue ofjust compen sation. Franqua v.United States, (1979 CAg) 604 F.2d 1239.

Where plaintifls predecessors in title were notified of action, but neveroftrial date, nor ofthe fact that failure to appear would mean that the actionwould proceed without them; and they did not in fact appear and contest theaction, then such notice does not constitute a "contested trial", and the plain-tiffs may proceed with their claim under this section (1424c). Limtiaco et al. v.u.s.,4., (cAg 1982) 675 F.2d 1069.

SUBCHAPTER 4 - JuDrcrARY - P. 52

ORGANIC ACT oF GUAM

SUBCHAPTER 5PUBLIC HOUSING &URBAN RENEWAL

$1425. Mortgage insurance on housing or property:conditions and limitations. [Omitted]

SOURCE: Part oftheNational HousingAct.Actluly 14, 1952 madetheoverallAct applicable to Guam. See 48 U.S.C.A. $1425 for other amendments, bothprior and subsequent to its applicability to Guam. Not part ofthe Organic Act.Omitted in 1992 U.S.C.A. Supplement to Title 48 with note to "see 12 U.S.C.A.

S1715d, Banks and Banking."

I425a. Guam Legislature may create housing authorities:appointment; membership. The Legislature of Guam may by lawgrant to a public corporate authority, existing or to be created by orunder such law, powers to undertake urban renewal and housingactivities in Guam. Such legislature may by law provide for theappointment, terms of office, or removal of the members of suchauthority and for the powers of such authority, including authorityto accept whatever benefits the Federal Government may makeavailable, and to do all things, to exercise any and all powers, and toassume and fulfill any and all obligations, duties, responsibilities,and requirements, including but not limited to those relating toplanning or zoning, necessary or desirable for receiving suchFederal assistance, except that such authority shall not be given anypower of taxation, nor any power to pledge the faith and credit ofthe territory of Guam for any loan whatever.

SOIJRCE: Enacted by Pub.L. 88-171, $1, Nov.4, 1963, 77 Stat. 304. Not partof the Organic Act.

$1425b. Issuance ofnotes, bonds, and obligations. TheLegislature of Guam may by law authorize such authority, anyprovisions ofthe Organic Act of Guam ISS1421-1424c ofthis Chap-terl, or any otherAct ofCongress to the contrary notwithstanding,to borrow money and to issue notes, bonds, and other obligationsof such character and maturity, with such securitv. and in such

SuacHRprrR 5 - PUBLIC Housrnc - p. 63

ORGANIC ACT oF GUAM

manner as the Legislature may provide. Such notes, bonds, andother obligations shall not be a debt ofthe United states or of Guamother than such authority, not constitute a debt, indebtedness, orthe borrowing of money within the meaning of any limitation orrestriction on the issuance of notes, bonds, or other obligationscontained in any laws ofthe United States applicable to Guam or toany agency thereof.

SOURCE: Pub.L.88-171, $2, Nov.4,1963,77 Stat.304. Not part oftheOrganic Act.

$1425c. Authorization of loans, conveyances, etc. TheLegislature of Guam may by law assist such authority by furnishing,or authorizing the furnishing of cash donations, loans, conveyancesofreal and personal property, facilities, and services, and otherwise,and may by law take other action in aid ofurban renewal or housingor related activities.

SOURCE: Pub.L.88-171, $3, Nov.4, 1963, 77 Stat. 304. Not part oftheOrganic Act.

$1425d. Ratification ofprior act. Each and every part ofPublic Law 6-135, approved December 18, 1962, heretofore enactedby the Legislature of Guam dealing with any part of the subjectmatter of sections 1425ato 1425e of this title and not inconsistenttherewith is ratified and confirmed.

SOURCE: Pub.L.88-171, $4, Nov.4, 1963,77 Stat.304. Not part oftheOrganic Act.

$1424e. Additional powers. Powers granted herein shall bein addition to, and not in derogation of, any powers granted byother law to, or for the benefit or assistance of, any public corporateauthority.

SOURCE: Pub.L.88-171, $5, Nov.4, 1963,77 Stat.304. Not a part oftheOrganic Act.

SUBCHAPTER 5 - PUBLIC HOUSING - P. 54

ORGANTCACT oF GUAM

SUBCHAPTER 6GUAM DEVELOPMENT F[]ND

$1428. Authorization of Appropriationda) Forthe purposeofpromoting economic development in the territdry ofGuarn, thereis authorized to be appropriated to the Secretary ofthe Interior tobe paid to the Government of Guam for the purposes of thissubchapter the sum of $5,000,000.

(b) In addition to the appropriations authorized in subsection(a) of this section, $1,000,000 is authorized to be appropriated tothe Secretary of the Interior to be paid to the Government of Guamannuallyforfive fiscal years commencing in fiscalyear 1978 to carryout the purposes ofthis subchapter.

SOIIRCE: Pub.L.90-601, $1, Oct. 17, 1968,82 Stat. 1172; subsection (b)added by Pub.L. 95-134, Title II, 5202, Oct. 15, 1977 ,91 Stat. 1161.) None ofthis subchapter is a part ofthe Organic Act.

$1428a. Submission of plan: contents; terms of loanPriorto receiving any funds pursuant to this subchapter the governmentof Guam shall submit to the Secretary of the Interior a plan for theuse of such funds which meets the requirements of this section andis approved by the Secretary. The plan shall designate an agency oragencies of such government as the agency or agencies for theadministration ofthe plan and shall set forth the policies and proce-dures to be followed in furthering the economic development ofGuam through a program which shall include and make provisionfor loans and loan guarantees to promote the development ofprivate enterprise and private industry in Guam through a revolvingfund for such purposes: Provided, That the term of any loan madepursuant to the plan shall not exceed twenty-five years; that suchloans shall bear interest (exclusive of premium charges for insur-ance, and service charges, if any) at such rate per annum as isdetermined to be reasonable and as approved bythe Secretary, butin no event less than a rate equal to the average yield on outstandingmarketable obligations of the United States as ofthe last day ofthe

SUBCHAPTER 6. GUAM DEVELoPMENT FUND. P. 65

ORGANIC ACT oF GUAM

month preceding the date of the loan, adjusted to the nearest one-eighth of 1 per centum, which rate shall be determined by theSecretary ofthe Treasury upon the request ofthe authorized agencyor agencies of the government of Guam; and that premium chargesfor the insurance and guarantee of loans shall be commensurate, inthejudgmentofthe agencyoragencies administeringthe fund, withexpenses and risks covered.

SOURCE: Pub.L.90-601, g3, Oct. 17, 1968,82 Star. 1172. Not part oftheOrganic Act. The Guarn Economic Development Authority (GEDA) is theagency charged by Guam with administering the programs esrablished by thissubchapter.

S1428b. Prerequisites for loans and guarantees; maximumparticipation; reserves. No loan or loan guarantee shall be madeunder this subchapter to any applicant who does not satisfy theagency or agencies administering the plan [GEDA] that financingis otherwise unavailable on reasonable terms and conditions. Themaximum participation in the funds made available under 1428 ofthis title shall be limited (a) so that not more than 25 per centum ofthe funds actually appropriated by the Congress may be devoted toany singie project, (b) to gO per centum ofloan guarantee, and (c)with respect to all loans, to that degree of participation prudentunder the circumstance of individual loans but directly related tothe minimum essential participation necessary to accomplish thepurposes of this subchapter; Provided, That, with respect to loanguarantees, the reserves maintained by the agency or agenciesIGEDAI for the guarantees strall not be less than 25 per centum ofthe guarantee.

SOURCE: Pub.L. 90-601, 94, Oct. 17, 1968, 82 Srar. 1U2. Not part of theOrganic Aet.

$1428c. Accounting Procedures. The plan provided for in$1428a of this title shall set forth such fiscal control and fundaccounting procedures as may be necessary to assure properdisbursement, repayment, and accounting for such funds"

SUBCHAPIER 6 - Guev DEvSLOPMENT FUND - P.66

ORGANIC AcT oF GUAM

SOURCE: Pub.L.90-601, $5, Oct. 17,1968,82 Stat.1172. Not part oftheOrganic Act.

$1428d. Report by Governor. The Governor ofGuam shallinclude in the annual report to Congress required pursuant to 1422[Organic Act] of this title a report on the administration of thissubchapter.

SOURCE: Pub.L. 90-601, $6, Oct. 17, 1968, 82 Stat. 1173; amended by Pub.L.96-470, Title II, $206(c), Oct. 19, 1980, 94 Stat. 2244. Not part ofthe OrganicAct. 1980 amendment required Governor to include a report on theseactivities in his Annual Report.

$1428e. Audits. The Comptroller General of the UnitedStates, or any of his duly authorized representatives, shall haveaccess, for the purpose of audit and examination, to the books,documents, papers, and records ofthe agency, or agencies IGEDA],of the government of Guam administering the plan that arepertinent to the funds received under this subchapter.

SOURCE: Pub.L.90-601, $7, Oct. 17, 1968,82 Stat. 1173. Not part oftheOrqanic Act.

SUBcHApTER 6 - Guav DEVELopMENT FUND - p. 57

DELEGATE ToCoNcngss

DELEGATE TO CONGRESSFROM GUAM

S1711. Delegate to the House of RepresentativesS1712. Election of DelegatesS1713. Qualifications for Delegate$1714. Territorial Legislature to Determine Election

Procedure

S1715. Operation of Office; House Privileges.

$1711. Delegate to the House of Representatives. Theterritory of Guam and the territory of the Virgin Islands each shallbe represented in the United States Congress by a non-votingDelegate to the House of Representatives, elected as hereinafterprovided.

SOURCE: Enacted by Public Law 92-271,5L,86 Stat. J.18, April 10,t972.

$1712. Election of Delegates. (a) The Delegate shall beelected by the people qualified to vote for the members of thelegislature ofthe territory he is to represent at the general electionof L972, and thereafter at such general election every second yearthereafter. The Delegate shall be elected at large, by separate ballotand by a majority of the votes cast for the office of Delegate. If nocandidate receives such majority, on the fourteenth day followingsuch election a runoffelection shall be held between the candidatesreceiving the highest and the second highest number of votes castfor the Office of Delegate. In case of a permanent vacancy in theoffice of Delegate, by reason of death, resignation, or permanentdisability, the office ofDelegate shall remain vacant until a succes-sor shall have been elected and qualified.

(b) The term ofthe Delegate shall commence on the third dayofJanuary following the date of the election.

SOURCE: Enacted by Public Law 92-27L,92,86 Stat. 119, April tO,tg72.

P.68

DELEGATE To CorucREss

$1713. Qualifications for Delegate. To be eligible for theOffice of Delegate a candidate must:

(a) be at least twenfy-five years ofage on the date oftheelection;

(b) have been a citizen of the United States for at leastseven years prior to the date ofthe election;

(c) be an inhabitant of the territory from which he iselected; and

(d) not be, on the date ofthe election, a candidate for anyother office.

SOURCE: Enacted by PublicLaw g2-27I,93, 86 Stat. 119, April 10,1972.

S1714. Territorial Legislature to Determine ElectionProcedure. The legislature of each territory may determine theorder ofnames on the ballot for election ofDelegate, the method bywhich a special election to fill a vacancy in the Office of Delegateshall be conducted, the method by which ties between candidatesfor the Office of Delegate shall be resolved, and all othermatters oflocal application pertaining to the election and the Office ofDelegate not otherwise expressly provided for herein.

SOURCE: Enacted by Public Law 92-271,94, 86 Stat. 119, April I0,L972.

51715. Operation of Office; House Privileges; Voting inCommittee; Clerk Hire and Transportation Allowance; Salary,etc. The Delegate from Guam and the Delegate from the VirginIslands shall have such privileges in the House ofRepresentatives asmay be afforded him under the Rules of the House of Representa-tives. Until the Rules of the House ofRepresentatives are amendedto provide otherwise, the Delegate from each territory shall receivethe same compensation, allowances, and benefits as a Member ofthe House of Representatives, and shall be entitled to whateverprivileges and immunities are, orhereinaftermaybe, grantedto theResident Commissioner for Puerto Rico: Provided, That the right to

P.69

DELEGATE To CoNGRESS

vote in committee shall be as provided by the Rules ofthe House ofRepresentatives.

SOURCE: Enacted by Public law 92-271, $5, 86 Stat. 119, April 10,1972;amended by 935 of the Organic Act (see below). "Codificationr The last twoprovisos in text, which provided that the clerk hire allowance ofeach Delegateshall be a single per annum gross rate that is 60% ofthe clerk hire allowance ofa Member and that the transportation expenses ofeach Delegate that are toreimbursement under 2 U.S.C.A. $43b shall not exceed the cost offour roundtrips each year, were omitted as superseded by 1421k-l and 1596 ofthis Title."48 U.S.C.A. 1715, codification note, 48 U.S.C.A. 1983 Cumulative AnnualPocket Part.

P.70

Suer\4gRcru tr-,ANDS - Corucunnrrur TURISDICIO\

SUBMERGED LANDSAND CONCURRENT JURISDICTION

S1704. ConcurrentJurisdiction; Exceptions51705. Tidelands, etc., Conveyed to GuamS1706. Reserved Rights - Establishment of Defensive

Sea Areas

51707 Payment of Rents to Local GovernmentsS1708. DiscriminationProhibited

$1704. ConcurrentJurisdiction; exceptions.(a) Except as otherwise provided by law, the governments of

the Virgin Islands, Guam, and American Samoa, shall haveconcurrent civil and criminal jurisdiction with the United Stateswith regard to property owned, reserved, or controlled by theUnited States in the Virgin Islands, Guam, and American Samoarespectively. A judgment of conviction or acquittal on the meritsunder the Iaws of Guam, the Virgin Islands, or American Samoashall be a bar to any prosecution under the criminal laws of theUnited States for the same act or acts, and a judgment of convictionor acquittal on the merits under the laws of the United States shallbe a bar to any prosecution under the laws of Guam, the VirginIslands, or American Samoa for the same act or acts.

(b) Notwithstanding the provisions of subsection (a) of thissection, the President may from time to time exclude from theconcurrent jurisdiction ofthe government ofGuam persons found,acts performed, and offenses committed on the property of theUnited States which is under the control ofthe Secretary ofDefenseto such extent and in such circumstances as he finds required in theinterest ofthe national defense.

SOURCE: Enacted by Public Law 88-183, 54,77 Srar.339, Nov.20, 1963;amended by Pub. L. 99-396, Act ofAug. 27, 1986.

D71

SuauEncnn LeNIos - CoNcURRENT JuRISDIcrtoN

$L705. Tidelands, etc. Conveyed to Guam. (a) Subject tovalid existing rights, all right, title, and interest of the United Statesin lands permanently or periodically covered by tidal waters up to

but not above the line of mean high tide and seaward to a line threegeographical miles distant from the coastlines of the territories ofGuam, the Virgin Islands, and American Samoa, as heretofore orhereafter modified by accretion, erosion, and reliction, and in artifi-cially made, filled in, or reclaimed lands which were formerlypermanently or periodically covered by tidal waters, are herebyconveyed to the governments of Guam, the Virgin Islands, andAmerie an Samoa, as the case may be, to be administered in trust forthe benefit ofthe people thereof.

(b) There are excepted from the transfer made by subsection(a) hereof:

(i) all deposits ofoil, gas, and other minerals, but the term"minerals" shall not include coral, sand and gravel;

(ii) all submerged lands adjacent to property owned bythe United States above the line of mean high tide;

(iii) all submerged lands adjacent to property above theline of mean high tide acquired by the United States byeminent domain proceedings, purchase, exchange, orgift, afterOctober 5, 1974, as required for completion ofthe Departmentof the Navy Land Acqtiisition Project relative to the con-struction of the Ammunition Pier authorizedby the MilitaryConstruction Authorization Act, I97l (64 Stat. 1204), asamended by section 201 of the Military Construction Act,

1973 (86 Stat. 1135);

(iv) all submerged lands filled in, built up, or otherwisereclaimed by the United States before October 5,1974,for itsown use:

P.72

SUBMERGED LANDS - CoI.IcunRsNT JUR]SDiCTION

(v) all tracts or parcels of submerged land containing onany part thereof any structures or improvements constructedby the United States;

(vi) all submerged lands that have heretofore been deter-mined by the President or by the Congress to be of suchscientific, scenic, or historic character as to warrant preserva-tion and administration under the provisions ofsections 1 and2 to 4 of Title 16;

(vii) all submerged lands designated by the Presidentwithin one hundred and twenty days after October 5,lg74;

(viii) all submerged lands that are within the administra-tive responsibility of any agency or deparrment of the UnitedStates other than the Department of the Interior;

(ix) all submerged lands lawfirlly acquired by personsother than the United States through purchase, gift, exchange,or otherwise;

(x) fiand in the Virgin Islands]; and

(xi) land in Buck Island Reef National Monument].

Upon request of the Governor of Guam, the Virgin Islands, orAmerican Samoa, the Secretary ofthe Interior may, with or withoutreimbursement, and subject to the procedure specified in subsec-tion (c) of this section convey all right, title, and interest of theUnited States in any of the lands described in clauses (ii), (iii), (iv),(v), (vi), (vii), or (viii) of this subsection to the governmenr of Guam,the Virgin Islands, or American Samoa, as the case may be, with theconcurrence ofthe agency having custody thereof.

(c) No conveyance shall be made by the Secretary pursuant toSubsection (a) or (b) of this section until the expiration of sixtycalendar days (excluding days on which the House of Representa-tives or the Senate in not in session because ofadjournment ofmorethan three days to a day certain) from the date on which the Secre-tary of the Interior submits to the Committees of Interior and

P.73

SusvsRcso LANDS - CONCURRENT JURISDICTIoN

insular Affairs of the House of Representatives and the Senate anexplanatory statement indicating the tract proposed to be conveyedand the need therefor, unless prior to the expiration ofsuch sixtycalendar days both Committees inform the Secretary that they wishto take no action with respect to the proposed conveyance.

(d)(1) The Secretary ofthe Interior shall, not later than sixty(60) days after the date of enactment of this Subsection, convey tothe governments of Guam, the Virgin Islands and American Samoa,as the case may be, all right, title and interest of the United States indeposits of oil, gas and other minerals in the submerged landsconveyed to the government of such territory by Subsection (a) ofthis Section.

(2) The conveyance of mineral deposits under Paragraph (1)

of this Subsection shall be subject to any existing lease, permit orother interest granted by the United States prior to the date ofsuchconveyance. AII rentals, royalties or fees which accrue after suchdate of conveyance in connection with any such lease, permit orother interest shall be payable to the government of the territory towhich such mineral deposits are conveyed.

SOURCE: Enacted by Public Law 93-435, 51, 88 Stat. 1210, Oct. 5, 1974. SeeProclamation No. 4347, Feb. 1, 1975, 40 F.R. 5129 relative to lands reservedunder this Section for the United States by the President. Amended by addingSubsection (d)(1) and (dX2) in P.L. 96-205:607.

NOTE: Pursuant to the authority given the President to reserve certain landsfrom transfer under this section, the following was issued by President Ford:

PROCLAMATION NO.4347< Feb. 1. L975.40 F.R' 5129 >

RESERVING CERTAIN SUBMERGED LANDS ADJACENT TO ROSE ATOLLNATIONAL WILDLIFF REFUGE IN AMERICAN SAMOA AND CERTAIN

SUBMERGED LANDS FOR DEFENSENEEDS OF IINITED STATES IN GUAMAND VIRGIN ISLANDS

P.74

SUBMERGED LANDS - CONCURRENT TURISDICTION

The submerged lands surrounding the Rose Atoll National Wildlife Refuge inAmerican Samoa are necessary for the protection ofthe Atoll's marine life, includingthe green sea and hawksbill turtles. The subrherged lands in Apra Harbor andthose adjacent to Inapsan Beach and Urano Point in Guam , and certainsubmerged lands on the west coast of St. Croix, United States Virgin Islands arerequired for national defense purposes. These submerged lands in American Samoa,Cuam and the United States Virgin Islands will be conveyed to the Government ofthose territories, on February 3, 1975, pursuant to Section 1(a) ofPublic Law 93-435(88 Stat. 1210) [subsec. (a) ofthis section], unless the President, under Section1(bXvii) ofthat Act Isubsec. (b)(vii) ofthis sectionl, designates otherwise.

NOW, THEREFORE,I, GEMLD R. FORD, President oftheUnitedStates ofAmerica,by virtue ofauthority vested in me by Section 1(b)(vii) ofPublic Law 93-435 (88 Stat.1210) [subsec. (b)(vii) ofthis section], do hereby proclaim that the lands hereinafterdescribed are excepted from the transfer to the Government ofAmerican Samoa, theGovernment of Guam and the Government of the united States virgin Islandsunder Section 1(a) ofPublic Law g3-435 [subsec. (a) ofthis section].

American Samoa.The submerged lands adjacent toRose Atoll located 78 mileseast-southeast ofTau Island in the Manua Group at latitude 14 degrees 32'52rr southand longitude 168 degrees 08r34rr wesr, which lands shall be under the jointadministrative jurisdiction ofthe Department ofCommerce and the Department ofthe Interior.

Guam. (l) The submerged lands of inner and outer Apra Harbor; and,(2) the submerged lands adjacent to the following uplands: (a) Unsurveyedland, Municipality of Machanao, Guam, as delineated on Commander NavalForces, Marianas Y & D Drawing Numbered 597-464, lying between theseaward boundaries oflots Numbered 9992 through 9997 and the rnean hightide, containing an undetermined area ofland, (b) unsurveyed land, Municipal-ity of Machanao, Guam, as delineated on CommanderNaval Forces, MarianasY & D DrawingNumbered 597- 464, lyingbetween the seawardboundary oflotNumbered 10080 and the line of mean high tide, containing an undeterminedamount ofland, and (c) LotNumbered PO 4.1in the MunicipalityofMachanao,Guam, as delineated on Y & D Drawing Numbered 597-464, more particularlydescribed as surveyed land bordered on the north by Lot Numbered 10080,Machanao, east by Northwest Air Force Base, south by U"S. Naval Communita-tion Station (Finegayan) and west by the sea containing a computed area of125.50 acres, more or less. All of the above lands within the territory of Guamshall be under the administrative jurisdietion of the Department of the Navy.

The Virgin Islands. (1) The submerged lands as described in the Code ofFederal Regulations revised as ofJuly 1, 1974, cited as 33 CFR 207.817 areas trArt &ttgtt, (2) the submerged lands seaward of the 100 fathom eurve offthe coast of St.

D /4

SUBMERGED LANDS - CONCURRENT JURISDICTION

Croix beginning at a point 17 degrees 40'30'r N and ending at a point 17 degrees46130rrNorth as depicted on Coast and Geodetic Survey Chart Numbered 25250,Third Edition; Title: St. Croix, Virgin Islands Underwater Range, and (3) thesubmerged lands seaward ofthe Underwater Range Operational Control Center, St.Croix, Virgin Islands presently leased to the Department of the Naly and describedas Plot #18 of Estate Sprat Hall subdivision, located in northside Quarter rrArr, St.Croix containing 4.84 acres of land. All of the above lands within the territory of theVirgin Islands shall be under the administrative jurisdiction ofthe Department oftheNavy.

IN WITNESS WHEREOF, I have hereunto set my hand this first day oIFebruary, in the year of our Lord nineteen hundred seventy-five, and of theIndependence ofthe United States ofAmerica the one hundred and ninety-ninth.

GERALD R. FORD

IBoldface added by Compiler to note Guam material]

COtIRT DECISIONS: Before enactment of this section, the District Court ofGuam held, with respeet to the submerged lands surrounding Guam adjacentto the Naval Communications Station:

In light of the above, the waters adjacent to the Naval Commu-nications Station, and below the low water mark, like theremainder of the Guam territorial waters, must be held to beoutside the exclusive jurisdiction of the United States and aproper subject of legislation by the Guam Legislature. U.J. r.Borja, et al., D.C.Guam 1961, 19L F.Supp. 563, 566.

$1706. Reserved Rights - Establishment of Defensive SeaAreas. (a) Nothing in Sections 1705 to 1708 of this Title shall affectthe right ofthe President to establish naval defensive sea areas andnaval defensive airspace reservations around and over the islands ofGuam, American Samoa, and the Virgin Islands when deemednecessary for national defense.

(b) Nothing in Sections l-705 to 1708 of this Title shall effectthe use, development, improvement, or control by or under theconstitutional authority of the United States of lands transferredby section 1705 of this Title, and the navigable waters overlyingsuch lands, for the purpose ofnavigation or flood control or the

P.v6

SusN4tncso LANDS - CoNCURRENT iuRlslia -:"\

production of power, or be construed as the release or reiinquis: -ment of any rights of the United States arising under the consttt';-tional authority of Congress to regulate or improve navigation. orto provide for flood control or the production of power.

(c) The United States retains all of its navigational servitudeand rights in and powers of regulation and control of the landsconveyed by Section 1705 of this Title, and the navigable watersoverlying such lands, for the constitutional purposes ofcommerce,navigation, national defense, and international affairs, all ofwhichshall be paramount to, but shall not be deemed to include, propri-etary rights of ownership, or the rights ofmanagement, administra-tion, leasing, use, and development of the lands and naturalresources which are specifically conveyed to the government ofGuam, the Virgin Islands, or American Samoa, as the case may be,by Section 1705 of this Title.

(d) Nothing in Sections 1705 to 1708 of this Title shall affectthe status of lands beyond the three-mile limit described in Section1705 of this Title.

SOURCE: Enacted by Public Law 93-435, 52, 88 Stat. 1211, Oct, 5, 1974.

$1707. Payment of Rents, to Local Governments. On andafter October 5, 1974, all rents, royalties, or fees from leases,permits, or use rights, issued prior to October 5, 1974, by theUnited States with respect to the land conveyed by Sections 1705 to1708 of this Title, or by Section 1545(b) of this Title, and rights oraction for damages for trespass occupancies of such lands shallaccrue and belong to the appropriate local government underwhose jurisdiction the land is located.

SOURCE: Enacted by Public Law 93-435, $4, 88 Stat. I2L2, Oct. 5, 1g74.

S1708. Discrimination Prohibited. No person shall bedenied access to, or any of the benefits accruing from, the landsconveyed by Sections 1705 to 1708 of this Title, or by Section1545(b) ofthis Title, on the basis ofrace, religion, creed, color, sex,national origin, or ancestry: Provided, however, that this section

P.77

SUBMERcED LANDs - CoNcURRENT JuRIsDIcrroN

shall not be construed in derogation ofany ofthe provisions oftheApril 17, 1900 cession of Tutuila and Aunuu or of theJuly 16, 1904cession of the Manus Islands, as ratified by the Act of February 20,1929 (45 Stat. 1253) and the Act of May 22,L929 (46 Stat. 4).

SOURCE: Enacted by Public Law 93-435, $6, 88 Stat. 12L2,Oct.5,1974.

P"78

FEDERAL POLICIES

FEDEML POLICY RELATIVE TOGRANTS.IN.AID

NUCLEAR WASTE ANDENERGY RESOURCES

$1469a. Congressional Declaration of Policy Respecting"lnsular Areas" - Consolidation of Grants and Waiver of Match-ing Funds

81469d. GeneralTechnicalAssistance

$1492 EnergyResources

$1469a. Congressional Declaration of Policy Respecting"Insular Areas". In order to minimize the burden caused byexisting application and reporting procedures for certain grant-in-aid programs available to the Virgin Islands, Guam, AmericanSamoa, the Trust Territories of the Pacific Islands, and the Govern-ment of the Northern Mariana Islands (hereinafter referred to as"lnsular Areas") it is hereby declared to be the policy of Congressnotwithstanding any provision of law to the contrary, that:

(a) Any department or agency ofthe Government ofthe UnitedStates which administers any Act of Congress which specificallyprovides for making grants to any Insular Area under whichpayments received may be used by such Insular Area only forcertain specified purposes (other than direct payments to classes ofindividuals) may, acting through appropriate administrative

P.79

FEDERAL POLICIES

authorities of such department or agency' consolidate any or all

grants made to such area for any fiscal year or years'

(b) Any consolidated grant for any.Insular Area shall not be

less than the sum of all grarits which 'uih

tttt *ould otherwise be

entitled to receive for such Year'

(c) The funds received under a consolidated grant shall be

.*p.ni.a in furtherance of the programs and purpose.s auffofzed

for any of the grants which art 6eing consolidated' which are

authoiized under any of the Acts administered by the department

;;-;;.";y making the grant, and which would be applicable to

srants for such prog,it' and purposes in the absence of the

i""i"jrl.ir"n, uui tnlmrularAreas shall derermine the proportion

.iin. n "o,

granted which shall be allocated to such programs and

purposes.(d) Each department or agency making grants-in-aid tnill!t

*g"l*;;ubiirh.d in the Flderl negistei provide.themethod

bv which anv lnsular Area may submit (i) a single application for a

;;;;;iid;;;i gr;nt ro' 'nv

fiscal vear period' but not more than one

r".n .ppfrc.ifn for a consolidated grant shall be required by any

department or agency unless notice ofsuch requirement^is trans-

mittedtothe "ppiopri"t.

committees ofthe United States Congress

tosether with a complete explanation of the necessity for reqliring

t"?n*tiai ."rt ,ppii.ttioni and (ii) a single report to suchdepart-

ment or agency *ith ,.,pect to each such consolidated grant:

Provided, That nothing in this paragraph shall preclude su.ch

department or agency from providing adequate procedures ror

accounting, auditlng, evaluating, and reviewing any programs or

activities receiving "benefits frJm any consolidated grant' The

.arninirt.ring aJhority of any department or agency' in its

discretion, may (i) *riu. tny requirement for matching funds

otherwise required by law to be provided by the Insular Area

involved and (ii) waive the requiiement that any Insular Area

p.80

FEDERAL POLICIES

submit an application or report in writing with respect to anyconsolidated grant.

SOURCE: Enacted by Public Law 95-134, Title V, $501, 91 Stat. 1164, Oct. 15,

-1$77; rgbsection (a) amended by Public Law 95'348, S9, 92 Stat. 495, August1&. 1078.

$1469d. General Technical Assistance. (a) The Secretary ofthe Intdrioris authorized to extend tothegovernments ofAmericanSamoa, Guam, the Northern Mariana Islands, the Virgin Islands,and the Trust Territory ofthe Pacific Islands, and their agencies andinstrumentalities, with or without reimbursement, technical assis-tance on subjects within the responsibility of the respectiveterritorial governments. Such assistance may be provided by theSecretary of the Interior through members of his staff, reimburse-ments to other departments or agencies ofthe Federal Governmentunder the Economy Act (31 U.S.C. S686), grants to or cooperativearrangements with such governments, agreements with the Federalagencies or agencies of State or local governments, or the employ-ment of private individuals, partnerships, or corporations.Technical assistance may include research, planning assistance,studies, and demonstration projects"

(b) (Does not involve Guam.)

(c) The Secretary of Agriculture is authorized to extend, in hisdiscretion, programs administered by the Department of Agricul-ture to Guam, the Northern Mariana Islands, the Trust Territory ofthe Pacific Islands, the Virgin Islands and American Samoa (herein-after called the territories). Notwithstanding any otherprovision oflaw, the Secretary of Agriculture is authorized to waive or modifyany statutory requirements relating to the provision of assistanceunder such programs when he deems it necessary in order to adaptthe programs tothe needs ofthe respective territory;Provided, Thatnot less than sixty days prior to extending any program pursuant tothis section or waiving or modifring any statutory requirementpursuant to this section, the Secretary of Agriculture shall noti$

P.81

the Committee on Agriculture and the Committee on Interior andInsular Affairs of the House of Representatives and the Committeeon Energy and Natural Resources and the Committee on Agricul-ture, Nutrition, and Forestry of the Senate of the proposed actiontogether with an explanation of why his action is necessary and theanticipated benefits to each territory affected. Such programs shal^be carried out in cooperation with the respective governments ofthe territories and shall be covered by a memorandum ofunderstanding between the respective territorial government andthe Department of Agriculture. Any sums appropriated pursuantto this paragraph shall be allocated to the agencies of the Depart-ment ofAgriculture concerned with the administration ofprogramsin the territories.

(d) Effective October 1, 1981, there are authorized to beappropriated such sums as may be necessary to carry out thepurposes of this section.

SOURCE: Added by $601 ofAct ofDecember 24, 1980, P.L. 96-597 (94 Stat.3480).

$1491. Radioactive Waste Storage. (a) Prior to the grantingof any license, permit, or other authorization or permission by anyagency or instrumentality ofthe United States to any person for thetransportation of spent nuclear fuel or high-level radioactive wastefor interim, long-term, or permanent storage to or for the storageof such fuel or waste on any territory or possession of the UnitedStates, the Secretary of the Interior is directed to transmit to theCongress a detailed report on the proposed transportation orstorage plan, and no such license, permit, or other authorization orpermission may be granted nor any such transportation or storageoccur unless the proposed transportation or storage plan has beenspecifically authorized by Act of Congress: Provided, That theprovisions of this Section shall not apply to the cleanup andrehabilitation of Bikini and Enewetak Atolls.

P.82

FEDERAL POLICIES

(b) For the purpose of this Section the words "territory orpossession" include the Trust Territory of the Pacific Islands andany area not within the boundaries of the several States of theUnited States over which the United States claims or exercisessovereignty.

SOURCE: Enacted by Public Law 96-205, Title VI, 5605,March 12" 1980. 94 Stat.90.

P.83

A-Jffiffi;*THE ESTABLISHMENT OF

CONSTITUTIONS FORTHE VIRGIN ISLANDS AND GUAM.

Be it enacted by the Senate and House ofRepresentatives oftheUnited States in Congress assembled, That the Congress, recogniz-ing the basic democratic principle ofgovernment by the consent ofthe governed, authorizes the peoples of the Virgin Islands and ofGuam, respectively, to organize governments pursuant to constitu-tions of their own adoption as provided in this Act.

52 (a) The Legislatures of the Virgin Islands and Guam,respectively, are authorized to call constitutional conventions todraft, within the existing territorial-Federal relationship, constitu-tions for the local self-government of the people of the VirginIslands and Guam.

(b) Such constitutions shall -

(1) recognize, and be consistent with, the sovereignty ofthe United States over the Virgin Islands and Guam, respec-tively, and the supremacy ofthe provisions ofthe Constitution,treaties, and laws ofthe United States applicable to the VirginIslands and Guam, respectively, including, but not limited to,those provisions of the Organic Act and Revised Organic Actof the Virgin Islands and the Organic Act of Guam which donot relate to local self-government.

(2) provide for a republican form ofgovernment, consist-ing of three branches: executive, legislative and judicial

(3) contain a bill of rights;

(4) deal with the subject matter ofthose provisions oftheRevised OrganicAct ofthe Virgin Islands ofl954, as amended,and the Organic Act of Guam, as amended, respectively, whichrelate to local self-government;

P.84

CoNsrITUroN FoR GUAM

(5) with reference to Guam, provide that the votingfranchise may be vested only in residents of Guam who arecitizens of the United States;

(6) provide for a system oflocal courts consistent with theprovisions of the Revised Organic Act of the Virgin Islands, asamended: and

(7) provide for a system oflocal courts the provisions ofwhich shall become effective no sooner than upon the enact-ment of legislation regulating the relationship between thelocal courts of Guam with the Federal judicial system.

$3 The members of the constitutional conventions shall bechosen as provided by the laws of the Virgin Islands and Guam,respectively (enacted after the date of enactment of this Act):Provided, however, That no person shall be eligible to be a memberofthe constitutional conventions, unless he is a citizen ofthe UnitedStates and qualified to vote in the Virgin Islands and Guam, respec-tively.

$4 The conventions shall submit to the Governor ofthe VirginIslands a proposed constitution for the Virgin Islands and to theGovernor of Guam a proposed constitution for Guam which shallcomply with the requirements set forth in 2(b) above. Suchconstitutions shall be submitted to the President of the UnitedStates by the Governors of the Virgin islands and Guam.

$5 Within sixty calendar days after the respective dates onwhich he has received each constitution, the President shalltransmit such constitution together with his comments to theCongress. The constitution, in each case, shall be deemed to havebeen approved by the Congress within sixty legislative days (notinterrupted by an adjournment sine die of the Congress) after itssubmission by the President, unless prior to that date the Congresshas approved the constitution, or modified or amended it, inwholeor in part, by joint resolution. As so approved or modified, theconstitutions shall be submitted to the qualifiedvotersoftheVirgin

P.85

Corrlsrrrurroru FoR GUAM

Islands and G-uam, respectively, for acceptance or rejection throughislandwide referendums to be ionductedas provided underthe lawsofthe Virgin Islands and Guam, respectively, (enacted after the dateofenactment ofthis Act). Upon approval by not less than a majorityof the voters (counting only the affirmative or negative votes)participating in such referendum, the constitutions shali becerneeffective in accordance with their terms.

SOURCE: Public Law 94-584, 94th Congress 90 Stat. 2899 (1976). Amendedby $501, Act ofDec. 24,1981, P"L. 96-597 (94 Stat. 3479).

NOTE: For a complete record of the proceedings of the ConstitutionalConvention of Guam, and related documents, see Guam ConstitutionalConvention 1977. The Constitution of Guam submitted to Congress wasrejected by the people in a referendum held in August of 1978. No newconvention has been called.

.-: END 0F ORGANTCAcT &Rrmlpp 14ry5:

P.86