GCA Title 5, Chapter 1
5 GCA GOVERNMENT OPERATIONS CH. 1 OFFICE OF I MAGA ’ HÅGA/MAGA ‘
LÅHI [THE GOVERNOR]
DIVISION 1
LAWS APPLICABLE TO EXECUTIVE BRANCH
CHAPTER 1 LÅHI [THE GOVERNOR]
OFFICE OF I MAGA ’ HÅGA/MAGA ’
2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam’ and I Maga’håga/Maga’låhi means the ‘Governor.’ I Sigundo Maga’hågan/Maga’låhen Guåhan means the ‘Lieutenant Governor of Guam’ and I Sigundo Maga’håga/Maga’låhi means the ‘Lieutenant Governor.’ Pursuant to 2 GCA § 1101, I Liheslatura / Liheslaturan Guåhan means the ‘Legislature’/‘Guam Legislature . ’
§ 1101. Temporary Vacancies, Order of Succession.
(a) The order of succession, consisting of the officers who shall be eligible in the order named, to serve as Akto I Maga’håga/Maga’låhi upon the temporary disability or temporary absence of both I Maga’håga/Maga’låhi and I Sigundo Maga’håga/Maga’låhi shall be the Speaker or Acting Speaker of I Liheslaturan Guåhan . While serving as Akto I Maga’håga/Maga’låhi , a person so authorized shall have all the powers of I Maga’håga/Maga’låhi . (b) The order of succession, consisting of the officers who shall be eligible in the order named, to serve as Akto I Sigundo Maga’håga/Maga’låhi upon the temporary disability or temporary absence of I Maga’håga/Maga’låhi [and] I Sigundo Maga’håga/Maga’låhi and the Speaker of I Liheslaturan Guåhan
5 GCA GOVERNMENT OPERATIONS CH. 1 OFFICE OF I MAGA ’ HÅGA/MAGA ’ LÅHI [THE GOVERNOR]
shall be the Vice Speaker or the Acting Speaker. While serving as Akto Sigundo Maga’håga/Maga’låhi , a person so authorized shall have all the powers of I Sigundo Maga’håga/Maga’låhi . SOURCE: GC § 5000, as amended by P.L. 13-086:2 (Nov. 3, 1975). Amended by P.L. 15-074:2 (Oct. 24, 1979). 2025 NOTE: References to the ‘Governor’ replaced with I Maga’håga/Maga’låhi and references to ‘Acting Governor’ replaced with Akto I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. References to the ‘Lieutenant Governor’ replaced with I Sigundo Maga’håga/Maga’låhi and references to ‘Acting Lieutenant Governor’ replaced with Akto I Sigundo I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. References to the ‘Guam Legislature’ replaced with I Liheslaturan Guåhan pursuant to 2 GCA § 1101. NOTE: The original § 5000 enacted by P.L. 1-088 Nov. 29, 1952), addressing the duties of the Secretary of Guam, was repealed by P.L. 13-114:1 (Dec. 13, 1975). COMMENT: In subsection (b), the word and is substituted by the Compiler because the original or makes no sense in view of §8(e) of the Organic Act. That §8(e) permits the laws of Guam to regulate succession only when both the Governor and Lieutenant Governor are temporarily absent or disabled. If only the Governor is absent or disabled, then the Organic Act provides, in §8(a), that the Lieutenant Governor becomes Acting Governor. Further, §8(c) of the Organic Act provides for the situation when only the Lieutenant Governor is absent or disabled temporarily. Therefore, this law can only cover the situation where both Governor and Lieutenant Governor are temporarily absent or disabled.
§ 1102. Permanent Vacancies; Succession.
(a) In case of a permanent vacancy in the offices of both I Maga’håga/Maga’låhi and I Sigundo Maga’håga/Maga’låhi , the Speaker of I Liheslaturan Guåhan shall, upon her/his resignation as Speaker, become I Maga’håga/Maga’låhi to hold office for the unexpired term and until she/he or her/his successor shall have been duly elected and qualified at the next regular election for I Maga’håga/Maga’låhi . (b) If, by reason of death, resignation, removal from office, inability or failure to qualify, there is no Speaker to act as I Maga’håga/Maga’låhi under subsection (a) of this Section, then the Director of the Department highest on the order of succession established by § 1101 of this Article who is not under disability to discharge the powers and duties of the Office of I Maga’håga/Maga’låhi shall become I Maga’håga/Maga’låhi . An individual who becomes I Maga’håga/Maga’låhi under this subsection shall continue to serve until the expiration of the then current term of I Maga’håga/Maga’låhi . The taking of the oath of office by an individual under this subsection shall constitute her/his resignation from the office upon which her/his succession is based. (c) During the period the individual serves as I Maga’håga/Maga’låhi under this Section, her/his compensation shall be the same as that then provided by law for I Maga’håga/Maga’låhi . SOURCE: Added GC § 5001 added by P.L. 13-086:3 (Nov. 8, 1975). 2025 NOTE: References to the ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. Reference to the ‘Lieutenant Governor’ replaced with I Sigundo Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. Reference to the ‘Guam Legislature’ replaced with I Liheslaturan Guåhan pursuant to 2 GCA § 1101. COMMENT: When this § 1102 was enacted, the § 1102 provided that succession as Acting Governor would run to the Director of Administration, Director of the Bureau of Budget and Management Research and the Attorney General, in that order. Since the repeal and reenactment of § 1101, no department head is in line for temporary or permanent succession to the Office of Governor.
§ 1103. Salary of I Maga’hågan/Maga’låhen Guåhan .
[Codified as 5 GCA § 1517.] SOURCE: Added as 5 GCA § 1103 by P.L. 34-009:3 (May 23, 2017), codified by the Compiler as 5 GCA § 1517, pursuant to the authority of 1 GCA § 1606.
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LÅHI [THE GOVERNOR]
ARTICLE 2
COMPREHENSIVE PLANNING
2023 NOTE: In past publications, this article was entitled ‘Centralized Planning’; however, this manifest error has been corrected and the article reads ‘Comprehensive Planning’ pursuant to P.L. 20 -147 (Mar. 21, 1990). References in §§ 1200, 1201, 1203, 1205, and 1207 were modified pursuant to P.L. 35-110:9 (Dec. 1, 2020), which stated: Unless otherwise indicated in this Act, ‘Council’ shall be changed to ‘Bureau’; ‘Chairman’ shall be changed to ‘Director’; ‘Comprehensive Development Plan,’ ‘Guam Comprehensive Development Plan,’ ‘Guam’s Comprehensive Development Plan,’ and ‘Comprehensive Development Plan for Guam’ shall be changed to ’ Guåhan 2050 Sustainability Plan’ in Article 2 of Chapter 1, Title 5, Guam Code Annotated. NOTE: This Chapter establishes the procedure for creating what has come to be known as the ’ I Tano’ -ta ’ Land Use Plan.
§ 1200. Legislative Findings.
I Liheslatura recognizes that since the early 1960’s, Guam has experienced population, economic and physical growth rates that are among the highest in the region; that Guam and her people have benefitted greatly from all levels of socio-economic and physical development which has thus far taken place but it is the desire of the people of Guam to sustain and encourage the development of the island in a manner that would foster greater economic opportunities and stability for Guam without adversely affecting the cultural, environmental, social and natural resources unique to the island; that without careful study of the types and scale of socio-economic development anticipated for Guam and her residents, there will continue to be an absence of foresight, direction and guidance present in the current and future stages of development needed by Guam to sustain the desired standards and quality of living for its people; that to fully enjoy the benefits that can and would be derived from Guam’s limited human and na tural resources, development in Guam
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must be guided by Guåhan 2050 Sustainability Plan that reflects the desires and aspirations of all who are guided by it; that a process for formulating Guåhan 2050 Sustainability Plan shall be established which shall identify the roles, authorities, responsibilities and processes involved in the formulation of the plan; That there is a pressing need to establish policies which reflect the people’s aspirations with respect to the future development of Guam - policies which evolve from sound strategic planning initiatives; policies that take into account all diverse elements of community needs and desires; policies that would channel the deployment of resources to meet the following goals and objectives:
- (a) To upgrade the quality of life for Guam’s people;
- (b) To create conditions and opportunities whereby people fully participate and benefit at every level of social and economic activity;
- (c) To maintain balance and equity between development and the environment in order to preserve the unique culture, traditions and beauty of the island;
- (d) To optimize the use of resources to meet present and future infrastructure and suprastructure requirements of the people of Guam;
- (e) To develop and maintain infrastructure capacity at a level that could sustain future population, socio-economic and physical growth. SOURCE: GC § 62010 reenacted by P.L. 20-147:1 (Mar. 21, 1990). This entire Article was repealed and reenacted by P.L. 20-147:1 in the form of its prior Government Code Chapter II of Title LXV. 2025 NOTE: Reference to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101. 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with ‘Numbers’ to ‘Lowercase Letters’ in this section.
§ 1201. Legislative Intent.
- (a) It is the intent of I Liheslatura :
- to integrate its policy-making efforts with public and private interests engaged in physical, social and economic development planning for the island; (2) to establish a process and mechanism through which duly adopted policies of Guam are linked with all elements of governmental and non-governmental development planning and implementation activity, the island having experienced the ill-effects of fragmented and disjointed development efforts resulting from the absence of both an integrated planning process and [the] Guåhan 2050 Sustainability Plan that contain rational parameters for Guam’s growth;
- that all planning efforts that occur in Guam, be they private or public, adhere and conform to the adopted policies, goals and objectives set forth in [the] Guåhan 2050 Sustainability Plan;
- to ensure that the people of Guam are not subjected to unbridled and unmanageable growth that would threaten the benefits, comforts and privileges to which each Guam resident is entitled; and
- that the formulation of the Guåhan 2050 Sustainability Plan serve to guide the island’s growth and development up to and through the Twenty-First Century. I Liheslatura wishes to collectively draw input, participation and expertise from all segments of the community in the effort to establish comprehensive planning for Guam and to solicit the services of development planning experts from both the public and private sectors. (b) In its desire to establish short-range and comprehensive long term development objectives for Guam, inclusive of but not limited to the areas of education, visitor industry, economic development,
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community development, health, transportation, communication, public safety, agriculture, taxation, culture, labor and human resources, recreation, environment, and political development, I Liheslatura hereby establishes strategies for initiating comprehensive planning for Guam and the formulation of the Guåhan 2050 Sustainability Plan. These strategies shall be as follows: (1) To determine the extent that Guam’s land, water and human resources limit urban and rural development; (2) To plan for the preservation of the natural charm and character of Guam within the framework of a growing population and modern technology; (3) To establish specified areas of use within urban, suburban, rural, agriculture, conservation, industrial, and resort contexts; (4) To provide a development pattern that enhances the comfort, convenience and economic welfare of the individual; (5) To prepare land-use capability criteria as a basis for real property evaluation that equalize the divergent qualities of location; (6) To reappraise the extent of public, private and Federal land tenure in Guam and provide guidelines for relocation of inefficient or inappropriate uses; (7) To plan for the development and extension of necessary infrastructure and transportation facilities; (8) To plan for a high quality environment essentially free from pollution and with adequate and wellkept open space throughout Guam’s varying activity centers; (9) To prepare criteria of substandard neighborhoods and identify areas that meet these criteria; (10) To recommend creative legislation regulating Guam’s use of land for the protection of future generations. Nothing in this Chapter is intended to limit the scope of any element or the areas of concern cited herein. However, it is the intention of I Liheslatura to fully integrate all planning elements and concerns within a viable development planning mechanism. SOURCE: GC § 62010 reenacted by P.L. 20-147 (Mar. 21, 1990). 2025 NOTE: R eference to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101. 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler numbered subsections (a) and (b) and changed the hierarchy of subsections in subsections; (a) beginning with ‘Lowercase Roman Numerals’ to ‘Numbers’ and (b) beginning with ‘Lowercase Letters’ to ‘Numbers’ in this section.
§ 1202. Guam Planning Council.
[Repealed.]
SOURCE: GC § 62012 reenacted by P.L. 20-147 (Mar. 21, 1990). Subsection (f) added by P.L. 23-128:III:32 (Dec. 12, 1996). Renamed ‘Guam Planning Council’ pursuant to 1 GCA § 420. Repealed by P.L. 26 -076:22 (Mar. 12, 2002) which stated: Repeal of GPC. All the powers, duties, responsibilities and jurisdiction of the former Guam Planning Council (GPC) are hereby transferred to the Bureau of Statistics and Plans. All records, equipment, documents and otherwise any physical property in the possession of the GPC shall be transferred to the custody of the Bureau of Statistics and Plans. Any funds of any nature under the control of the GPC shall be transferred to the control of the Bureau of Statistics and Plans.
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2023 NOTE: To avoid confusion that might arise from publishing repealed provisions, the Compiler has removed the text of § 1202 from the GCA. Before its repeal, this provision read as follows, in its entirety: (a) Creation and Membership.