Government of Guam ex rel. Guam Economic Development Authority v. United States

179 F.3d 630, 99 Cal. Daily Op. Serv. 4270, 99 Daily Journal DAR 5451, 1999 U.S. App. LEXIS 11340, 1999 WL 355941
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 4, 1999
DocketNo. 97-17140
StatusPublished
Cited by17 cases

This text of 179 F.3d 630 (Government of Guam ex rel. Guam Economic Development Authority v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of Guam ex rel. Guam Economic Development Authority v. United States, 179 F.3d 630, 99 Cal. Daily Op. Serv. 4270, 99 Daily Journal DAR 5451, 1999 U.S. App. LEXIS 11340, 1999 WL 355941 (9th Cir. 1999).

Opinion

GRABER, Circuit Judge:

The government of Guam brought this action against the United States, alleging that it is entitled to own or control about 24,000 acres of land pursuant to the Organic Act of Guam, the Territorial Submerged Lands Act, and the doctrine, of aboriginal title. The district court disagreed and granted summary judgment to the United States. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are not in dispute. In 1898, Spain ceded Guam, including 41,859 acres [632]*632of Spanish-owned property (crown land), to the United States. In that same year, the President of the United States placed Guam under the control of the Department of the Navy. Guam remained under the Navy’s control until 1941, when Japan captured the island during World War II.

After the United States recaptured Guam in 1944, it increased its military presence on the island. That increased presence required more land, which the United States continued to acquire until 1950.

In 1950, Congress passed the Organic Act of Guam, which established a civil government in Guam. Pursuant to that Act, the United States gave to the newly created government 1,250 acres of land that the naval government of Guam had used in the administration of civil affairs. However, the United States retained more than 42,000 acres of land that it had been using for other purposes.

Between 1950 and 1991, the United States condemned new land in Guam at least once (186.87 acres in 1962) and occasionally transferred unneeded land to the government of Guam (879 acres in the early 1980s and 3,200 acres in 1994). In 1992, the Navy declared to be “excess” (a) 371 acres of land at Ritidian Point and (b) 15,571 acres of submerged land adjacent to the property. The Navy transferred the 371 acres of dry land to the United States Fish and Wildlife Service for use as part of a wildlife refuge and transferred the 15,-571 acres of submerged land to the General Services Administration for later redistribution.

In April 1995, the Department of Defense published the “Guam Land Use Plan 1994.” That plan identified another 8,200 acres of land in Guam that the United States military did not need.

On September 22, 1995, the government of Guam brought this action against the United States to acquire title to or control over (1) the 371 acres of land at Ritidian Point, (2) the 15,571 acres of submerged lands adjacent to Ritidian Point, and (3) the 8,081 acres of other land in Guam that is no longer needed for military purposes.1 Guam argued that it was entitled to that land pursuant to the Organic Act of Guam, the Territorial Submerged Lands Act, and the doctrine of aboriginal title.

Thereafter, the parties filed cross-motions for summary judgment. The district court granted the United States’ motion. Guam moved for reconsideration, which the district court denied. This timely appeal ensued.

STANDARD OF REVIEW

We review de novo the district court’s grant of summary judgment to determine “whether the district court correctly applied the law and if, viewing the evidence in the light most favorable to the non-moving party, there are no genuine issues of material fact.” Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998).

ORGANIC ACT OF GUAM

A. Statutory Framework

On August 1, 1950, Congress passed the Organic Act of Guam (Organic Act). See Organic Act of Guam, Pub.L. No. 630, 64 Stat. 384 (1950) (codified at 48 U.S.C. § 1421 et seq.).2 The Act establishes and defines the power of a civil government in Guam. See § 3 (codified at 48 U.S.C. § 1421a); see also § 5 (codified at 48 U.S.C. § 1421b) (establishing the [633]*633Guam Bill of Rights); Kenda K. Tomes, State Taxation of Puerto Rican Obligations: An Interesting) Question, 66 Chi.-Kent L.Rev. 903, 930 (1992) (“Congress enacted the ‘Organic Act of Guam’ to provide a civil government for Guam.”).

To help the newly established government, Congress transferred to it some of the property that the United States owned in Guam. First, Congress unconditionally transferred title to all property owned by the United States that the naval government of Guam had used “in the administration of the civil affairs of the inhabitants”:

The title to all property, real and personal, owned by the United States and employed by the naval government of Guam in the administration of the civil affairs of the inhabitants of Guam, including automotive and other equipment, tools and machinery, water and sewerage facilities, bus lines and other utilities, hospitals, schools, and other buildings, shall be transferred to the government of Guam within ninety days after the date of enactment of this Act.

§ 28(a) (codified at 48 U.S.C. § 1421f(a)). The land at issue here was not “employed by the naval government of Guam in the administration of the civil affairs” and, thus, Guam did not receive an unconditional grant of that land.

Subsection (b) transferred control over the remainder of the property that the United States owned in Guam, subject to one limitation:

All other property, real and personal, owned by the United States in Guam, not reserved by the President of the United States within ninety days after the date of enactment of this Act, is hereby placed under the control of the government of Guam, to be administered for the benefit of the people of Guam, and the legislature shall have authority, subject to such limitations as may be imposed upon its acts by this Act or subsequent Act of the Congress, to legislate with respect to such property, real and personal, in such manner as it may deem desirable.

§ 28(b) (codified at 48 U.S.C. § 1421f(b)) (emphasis added). The land at issue here was “other property ... owned by the United States.”3 However, the President reserved that land for the United States on October 30, 1950, which was a date “within ninety days after the date of enactment of this Act.” See Executive Order No. 10178, 15 Fed.Reg. 7313 (1950), reprinted at 48 U.S.C. § 1421f. Thus, the land did not pass to Guam in 1950.

Guam argues, however, that § 28(b) has continuing force and requires the United States to transfer all property that it owns in Guam that is no longer used for a military purpose. Because the land at issue here is no longer needed for a military purpose, Guam argues that § 28(b) entitles it to control that land.

B. Statutory Text and Context

“When interpreting a statute, this court looks first to the words that Congress used.” Sanchez v. Pacific Powder Co., 147 F.3d 1097, 1099 (9th Cir.1998).

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179 F.3d 630, 99 Cal. Daily Op. Serv. 4270, 99 Daily Journal DAR 5451, 1999 U.S. App. LEXIS 11340, 1999 WL 355941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-guam-ex-rel-guam-economic-development-authority-v-united-ca9-1999.