GCA Title 1, Chapter 4
1 GCA GENERAL PROVISIONS CH. 4 POLITICAL AUTHORITY; JURISDICTION
CHAPTER 4 POLITICAL AUTHORITY; JURISDICTION
SOURCE: Title 1, in its entirety, was added to the GCA by P.L. 15-104:1 (Mar. 5, 1980). The original enactment of Title 1 includes Legislative History and Compiler Comments, and was a separate attachment to this public law 2014 NOTE: The Source notes have been updated to reflect subsequent changes to each provision, and the original Legislative History can be found in the attachment to P.L. 15-104. The original Compiler Comments, as found in the attachment to P.L. 15-104, have been retained in this Chapter.
- § 400. Political Authority.
- § 401. Jurisdiction.
- § 402. Boundaries; Guam. Exclusive Economic Zone (EEZ).
- § 403. Boundaries; Municipal.
- § 404. Title to Property.
- § 405. Immunity to Suit.
- § 406. Coat of Arms.
- § 407. Guam Flag.
- § 408. Display of Guam Flag.
- § 409. Pledge of Allegiance to Guam Flag Not Required.
- § 410. Great Seal: Description.
- § 411. Custody and Use of Great Seal.
- § 412. Other Seals.
- § 413. Custody and Use of Other Seals.
- § 414. Commercial Use of Seals Regulated.
- § 415. Name of Government.
- § 416. Guam Hymn and Guam March.
- § 417. Order of Chamorri .
- § 418. I Maga’håga’s/Maga’låhi’s Portraits.
- § 419. State Funerals.
- § 420. Affirmation of Self-Respect and Prohibition of Use of the Term ’ Territory ’ in All Official Uses Within the Government of Guam.
§ 400. Political Authority.
Subject to the applicable laws of the United States of America, the political authority of Guam is vested in the people of Guam. SOURCE: Former Govt. Code § 100. 2025 NOTE: Reference to ‘territory’ omitted pursuant to 1 GCA § 420.
§ 401. Jurisdiction.
The authority and jurisdiction of the government of Guam extends to all places within its boundaries and, in certain circumstances specified in the Criminal and Correctional Code (Title 9 of this Code), to actions occurring outside of Guam ’ s boundaries. The jurisdiction of Guam over parties found, acts performed and offenses committed on property owned by the United States shall be concurrent with the jurisdiction of the United States, unless the jurisdiction of Guam has been specifically excluded by an Order of the President of the United States. SOURCE: Former Govt. Code § 101, as modified.
1 GCA GENERAL PROVISIONS CH. 4 POLITICAL AUTHORITY; JURISDICTION
2025 NOTE: Reference to ‘territory’ omitted pursuant to 1 GCA § 420. COMMENT: Former § 101, Government Code severely limited the jurisdiction of Guam over federal property, as was proper when it was enacted in 1950. However, with the enactment of 48 U.S.C. § 1704, and its predecessor, § 1701, Guam was given concurrent jurisdiction over federal property, subject only to an Executive Order of the President limiting that power in interests of national defense. Such an Order has not been issued.
§ 402. Boundaries; Guam. Exclusive Economic Zone (EEZ).
(a) The boundaries of Guam run two hundred (200) nautical miles seaward from the low-water line; provided, however. that where there are islands or reefs along or adjacent to the shores of Guam, the boundary line runs two hundred (200) nautical miles seaward from the outermost of such islands or reefs; provided, further, that in the case of all harbors and bays, the boundary line runs two hundred (200) nautical miles seaward from a line drawn in front of each harbor along the outermost works and installations thereof and two hundred (200) nautical miles seaward from a line drawn from headland to headland across the mouth of each bay. (b) Guam shall exercise exclusive jurisdiction for the purpose of granting easements for undersea cables and pipelines, exploring, conserving, and managing the natural resources, whether living or nonliving, of the waters super-adjacent to the sea-bed and its subsoil, and with regard to other activities for the economic exploration and exploitation of the zone, including, but not limited to, all sources of energy and prevention of pollution within the zone which poses a threat to the zone. (c) I Maga’hågan/Maga’låhen Guåhan is directed to represent the interests of the people of Guam consistent with the United Nations Convention on the Law of the Sea in all matters pertaining to negotiations affecting Guam ’ s ocean rights and responsibilities with the administering power, other States and non-State entities. I Maga’håga/Maga’låhi is authorized to enter into cooperative agreements for the management, exploration, exploitation, and conservation of Guam ’ s ocean resources which represent the interest of the people of Guam; and further, may enter into agreements with respect to the rights and responsibilities of the United Nations Convention of the Law of the Sea which promotes international communication and respects the sovereignty of other States. (1) Any agreement, entered into by I Maga’håga/Maga’låhi or any agency, purporting to commit Guam pursuant to authorization provided in Subsection (c) of this § 402, shall be subject to the Administrative Adjudication Law and shall require the subsequent concurrence of I Liheslaturan Guåhan , as provided for in Article 3 of Chapter 9 of Title 5, Guam Code Annotated (Administrative Adjudication Law). (d) I Maga’håga/Maga’låhi shall create an EEZ planning task force, comprised of the Department of Agriculture, Department of Commerce, Bureau of Planning, University of Guam, Guam Environmental Protection Agency, and such other public agencies and members of the public as are necessary to develop an EEZ policy and implementation plan(s). (1) This plan shall recommend policies for management, use, protection, enforcement, research, and implementation of activities in Guam ’ s EEZ. (2) Such policy and implementation plan(s) shall be submitted to I Maga’håga/Maga’låhi and I Liheslatura as provided for under the provisions of Public Law 20-147, which established the process for comprehensive development planning on Guam. (e) A ’ nautical mile ’ is defined as 1852 meters (6067.115 feet). SOURCE : Former Govt. Code § 102, as modified. Subsection (a) amended, (b) added by P.L. 15-114:1-2 (Mar. 24, 1980). Subsection (a) amended, (b) and (c) repealed and reenacted, (d) and (e) added by P.L. 23-017:2-6 (May 25, 1995).
1 GCA GENERAL PROVISIONS CH. 4 POLITICAL AUTHORITY; JURISDICTION
2025 NOTE: Reference to ‘Governor of Guam’ replaced with I Maga’hågan/Maga’låhen Guåhan and references to ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. R eferences to the ‘Guam Legislature’/’ Legislature ’ replaced with I Liheslaturan Guåhan ’ / ’ Liheslatura pursuant to 2 GCA § 1101. Reference to ‘Territory’ / ‘territory’ omitted pursuant to 1 GCA § 420. Subsection designations modified pursuant to authority granted by 1 GCA § 1606. COMMENT: (1981) This Section has used a new term ’ geographical mile ’ in place of the old ’ nautical mile ’ to conform with case law, federal and international usage. The distances the two terms reflect are identical. The Governor, in a letter accompanying P.L. 15-114, stated: ’ As a matter of policy, the territory of Guam is claiming exclusive rights to control the utilization of all ocean resources in a 200-mile zone surrounding the island. ’ The Governor did recognize that this amendment is limited by reason of the Federal Fisheries Conservation and Management Act of 1976, but nonetheless signed the amendment as a declaration of Territorial Policies and goals.
COMMENT: (1995) The Legislative History (§ 1) to P.L. 23-017 states:
Legislative Finding. Guam is on the United Nation ’ s List of Non-Self-Governing Territories and remains an unincorporated territory under the U.S. law; both statutes inherently are not self-governing. In this regard, as a territory, Guam has a particular personality under international law. Concomitant to this personality are certain rights, including the protection of natural resources from external exploitation and the development of natural resources for the benefit, well-being and development of the people of the territory. In 1981, through Guam Public Law 15-114, Guam claimed its right to jurisdiction of the islands 200 mile Exclusive Economic Zone (EEZ). Later, on March 10, 1983, by Proclamation 5030, Guam ’ s administering power, The United States, inappropriately attempted to lay a claim to Guam ’ s EEZ. However, on July 29, 1994, Guam ’ s administering power signed the United Nations Convention on the Law of the Sea (UNCLOS) without reservation. The UNCLOS governs all aspects of ocean space, including delimitations on environmental control, scientific research, economic and commercial activities, technology, and the settlement of disputes relating to ocean matters. With respect to territories that are not self-governing, the United Nations Convention on the Law of the Sea declares that: ’ In the case of a territory whose people have not attained full independence or other self-governing status recognized by the United Nations, or a territory under colonial domination, provisions concerning rights and interests under the Convention shall be implemented for the benefit of the people of the territory with a view to promoting their well-being and development. ’ (Final Act of the UNCLOS, Annex I, Resolution III, 1(a), emphasis added.) The Guam Legislature finds that the government of the people of Guam is best suited, and is vested with the right, to implement the necessary ocean policies which will promote the well-being and development of the people of Guam.
§ 403. Boundaries; Municipal.
(a) Municipal Boundaries, as delineated on Land Management Drawing No. G1-56T18 filed in the Department of Land Management under Document No. 31523 are the official boundaries of the various municipalities of Guam. All property maps not drawn in conformance with these boundaries shall be redesignated by the Director of Land Management and all government agencies shall refer to the boundaries stated in this Section in their applicable records. The written description of the municipal boundaries is given below, but if there is any conflict between the written descriptions and the drawn boundaries on the map referred to herein, the drawn boundaries on the map shall prevail. (b) Municipality of Hagåtña . Beginning at the mouth of the Fonte ( Pigo ) River running easterly along the shoreline of Hagåtña Bay to the northeast corner of Lot Number 2010, thence southeasterly along eastern boundaries of Lot Numbers 2010 and 2032, to the southeast corner of Lot Number 2032, thence southwesterly and westerly along the northern boundaries of Lot Numbers 2054, 2051, 2049 and 2048, to the northwest corner of Lot Number 2048, thence southerly along the west boundaries of Lot Numbers 2048, 2047 and 1116 to a point on centerline of Route Number 8, thence southwesterly along the eastern boundary of Lot Number 1152, to the centerline of the Hagåtña River, thence southeasterly along the
1 GCA GENERAL PROVISIONS CH. 4 POLITICAL AUTHORITY; JURISDICTION
centerline of the Hagåtña River to the easternmost corner of Lot Number 89, thence southwesterly along the southeastern boundary of said Lot, thence northwesterly along the old Hagåtña Spring Road to Route Number 4, to the southeast corner of Lot Number 3201, thence southwesterly along the southern boundary of said Lot to the centerline of old Senator Gibson Highway, thence northwesterly to the point of junction of said highway and Route Number 7, thence northwesterly to the northeast corner of the United States Naval Hospital, now known as the Naval Regional Medical Center, boundary, thence westerly and northwesterly along the northern boundary of said Naval Hospital, thence southerly and southwesterly along the western boundary of said Naval Hospital to Fonte ( Pigo ) River thence northwesterly along said river to the point of beginning and to include the R. J. Bordallo Governor ’ s Complex, formerly known as Adelup . (c) Municipality of Sinajana ( Sinajana Village). Beginning at the southwest corner of Lot No. 3201, running northeasterly along southern boundary of said Lot to the centerline of Route No. 4, thence southeasterly along said Route No. 4 to its junction with the old Hagåtña Spring Road, thence southeasterly along old Hagåtña Spring Road to the southernmost corner of Lot No. 89, then northeasterly along the southeast boundary of said lot to the southernmost corner of Lot No. 98, thence northeasterly along the southern boundaries of Lots No. 111, 113, 3229A, 3229B, 170 and through Lot No. 173, to the westernmost corner of Lot No. 174, thence southerly along west boundary of said Lot, thence southerly along eastern boundary of Lot No. 176, thence westerly along the southern boundary of said Lot to the point of its intersection with the P.O.L. Line, thence southwesterly along the centerline of P.O.L. Line to the point of its intersection with the western boundary of Lot No. 3075, thence northeasterly along said boundary to the southern boundary of Sinajana Village, thence westerly to the southwest corner of said village, thence due north along the western boundary of said village to its junction with the old Senator Gibson Highway, thence northwesterly along the centerline of said Highway to the point of beginning. (d) Agana Heights ( Paasan ). Beginning at the point of junction of Route 7 and Senator Gibson Highway running southeast along said Highway to the northwestern corner of Sinajana Village boundary, thence southwesterly and southerly along the western boundary of said village to its southwestern corner, thence easterly along the southern boundary of said village to its intersection with the western boundary of Lot No. 3075, thence southwesterly along the western boundary of said Lot to its intersection with the centerline of the P.O.L. Line, thence southwesterly along the centerline of P.O.L. Line to the point of its intersection with the northeast boundary of Lot No. 450, thence northwesterly along the northeastern boundary of said Lot to the northeast corner, thence northwesterly along the western boundary of Lot No. 50 to the Fonte River, thence northeasterly and northwesterly along the said river to the southwestern corner of the United States Naval Hospital (now known as Naval Regional Medical Center) boundary, thence northeasterly and easterly along the western and northern boundaries of said Naval Hospital to the northeastern corner, thence southeasterly to the point of beginning. (e) Chalan Pago and Ordot . Beginning at a point on the intersection of the northeastern boundary of Lot No. 450, AssanMa’ina , and the P.O.L. Line, running easterly and northeasterly along the center line of the