United States v. Government of Guam (D. Guam)
On June 4, 2020, the United States filed a settlement agreement with the court resolving United States v. Government of Guam (D. Guam). The complaint, filed September 29, 2017, alleged that enforcement of the Chamorro Land Trust Act and its implementing regulations discriminates against non-Chamorros on the basis of race or national origin, in violation of the Fair Housing Act. “Chamorro” is a term often used to refer to descendants of the indigenous people of Guam. Based on Census 2010 data, Chamorros make up approximately 37.3% of the population of Guam, and under the Chamorro Land Trust Act, the Chamorro Land Trust Commission holds and administers approximately 20,000 acres, or 15% of Guam’s total land area. As part of its mission to administer this land, the Commission grants 99-year residential leases for one-acre tracts at a cost of one dollar per year. Only “native Chamorros,” however, are eligible for these leases. Under the settlement agreement, Guam will stop taking race and national origin into account in awarding the land leases. The CLTA will be amended to award leases based on whether individuals lost land or use of land, including during World War II and its aftermath, instead of whether an applicant is a “native Chamorro.” And the Chamorro Land Trust Commission has agreed to record-keeping, reporting, training, and additional injunctive relief requirements.
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