Chapter 76

21 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 1 CHAPTER 76 HISTORICAL OBJECTS AND SITES NOTE: This Chapter was repealed by P.L. 25-069 (July 8, 1999) when it was transferred to the Department of Chamorro Affai rs. After the Legislature discovered that such a transfer would c ause the loss of federal funds, P.L. 25-072 (Sept. 30, 1999) undid all of th e changes to this Chapter caused by P.L. 25-069. This Chapter was never reco dified after its revival, so the Legislature again clarified matters in P.L. 27-089 (May 6, 2004), which also repealed and reenacted Article 6 of thi s Chapter. Article 1. General Provisions. Article 2. Conservation of Archaeological Resources . Article 3. Protection and Recovery of Underwater Hi storic Property and Sites. Article 4. Guam Institute of Spanish-Chamorro Cultu re. [Repealed] Article 5. Preservation Procedures to Guide Territo rial Agencies. Article 6. Guam Preservation Trust. ARTICLE 1 GENERAL PROVISIONS § 76101. Purpose. § 76102 Definitions. § 76103. Historic Preservation and Restoration. § 76104. Administration. § 76105. Acquisitions and Gifts. § 76106. Condemnation. § 76107. Interest Acquired. § 76108. Operation of Parties.

efinitions. § 76103. Historic Preservation and Restoration. § 76104. Administration. § 76105. Acquisitions and Gifts. § 76106. Condemnation. § 76107. Interest Acquired. § 76108. Operation of Parties. § 76109. Conveyance of Properties. § 76110. Contracts. § 76111. Entry Upon Private Land. § 76112. Excavation and Removal of Prehistoric and Historic Remains or Objects on Private Lands. § 76113. Court Actions. § 76114. Guam Museum as a Depository for Certain Specimens and Objects. § 76115. Designation of Historic Sites. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 2 § 76101. Purpose . Whereas the Legislature has determined that the hi storic, archaeological, architectural, and cultural heritag e of Guam is among her most important environmental assets and f urthermore that the rapid social and economic development of c ontemporary society threatens to destroy the remaining vestiges of this Spanish- Chamorro heritage, it is declared to be the public policy and in the public interest of Guam to engage in a comprehensiv e program of historic preservation, undertaken at all levels of the government of Guam, and to promote the use and conservation of such property

he public interest of Guam to engage in a comprehensiv e program of historic preservation, undertaken at all levels of the government of Guam, and to promote the use and conservation of such property for education, inspiration, pleasure, and enrichment of the residents of Guam. SOURCE: GC § 13985 enacted by P.L. 10-068 (July 30, 1969). Repealed and reenacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. § 76102. Definitions. When used in this Chapter department means the Department of Parks and Recreation. (a) Historic preservation means the research, protection, restoration, and rehabilitation of sites, buildings , structures, and objects significant in the history, architectur e, archaeology, or culture of Guam. (b) Historic property means any building, structure, object, area, or site that is significant in the hi story, architecture, archaeology, or culture of Guam or th e nation. SOURCE: GC § 13985.1 enacted by P.L. 10-068 (July 30, 1969) , repealed and reenacted by P.L. 12-126 (May 3, 1974), and ame nded by P.L. 12-209 (Jan. 23, 1975). § 76103. Historic Preservation and Restoration.

GC § 13985.1 enacted by P.L. 10-068 (July 30, 1969) , repealed and reenacted by P.L. 12-126 (May 3, 1974), and ame nded by P.L. 12-209 (Jan. 23, 1975). § 76103. Historic Preservation and Restoration. The Department in cooperation with the Territorial Land Use Commission and the Territorial Seashore Protection Commission shall establish a comprehensive program for histori c preservation, restoration, and presentation, which shall include but not be limited to the following: COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 3 (a) Plans to acquire, restore, and preserve histori c areas, buildings, and site significant to Guam's past; (b) Establish and maintain the Guam Register of Historic Places; (c) Establish regulations on the uses of such areas ; (d) Develop a territory wide survey of historic are as, buildings, and sites with a phased preservation and restoration development plan and accompanying budge t and land use recommendations; (e) Provide for matching grants-in-aid to private agencies for projects which will fulfill the purpos es of this Chapter; (f) Seek assistance for the territorial historic preservation and restoration program by applying fo r

grants-in-aid to private agencies for projects which will fulfill the purpos es of this Chapter; (f) Seek assistance for the territorial historic preservation and restoration program by applying fo r technical assistance and funds from the federal gov ernment and private agencies and foundations for the purpos es of this Chapter; (g) Employ sufficient professional and technical st aff for the purposes of this Chapter; (h) Advise and cooperate with other public and priv ate agencies engaged in similar work; (i) Submit an annual report and budget to the Gover nor and the Legislature by February 1st of each year, w ith recommendations for programs of historic preservati on and restoration. SOURCE: GC § 13985.2 enacted by P.L. 10-068 (July 30, 1969) , repealed and reenacted by P.L. 12-126 (May 3, 1974), and ame nded by P.L. 20- 151:6 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) repealed P.L. 20-151:6. However, P.L. 25-069:9 (July 8, 1999) wa s itself repealed by P.L. 25-072:VI:13(c) (Sept. 30, 1999), which revert ed the amendment of P.L. 20-151:6. 2016 NOTE: Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes p ursuant to

13(c) (Sept. 30, 1999), which revert ed the amendment of P.L. 20-151:6. 2016 NOTE: Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 76104. Administration. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 4 All territorial projects and programs relating to h istoric preservation and restoration shall come under the a uthority of the Department. SOURCE: GC § 13985.3 enacted by P.L. 10-068 (July 30, 1969) , and repealed and reenacted by P.L. 12-126 (May 3, 1974) . § 76105. Acquisitions and Gifts. (a) For the purpose of protecting or preserving an y historic property, the Department may acquire, preserve, res tore, hold, maintain, operate, or dispose of such properties, t ogether with such adjacent or associated lands as may be necessa ry for their protection, preservation, maintenance, or operation . Such property may be real or personal in nature, and in the case of real property, the acquisition may include the fee or any lesser i nterest therein. Property may be acquired by gift, grant, bequest, d evise, lease, purchase, condemnation, or otherwise.

the case of real property, the acquisition may include the fee or any lesser i nterest therein. Property may be acquired by gift, grant, bequest, d evise, lease, purchase, condemnation, or otherwise. Property may be acquired by the Department, using such funds as may be appro priated for such purpose. (b) The Department may receive gifts and grants fro m public and private sources to be used for the purposes of this Chapter. SOURCE: GC § 13985.4 enacted by P.L. 12-126 (May 3, 1974). 2016 NOTE: Subsection/subitem designations were added to adh ere to the Compiler’s codification and alpha-numeric schem es pursuant to authority granted by 1 GCA § 1606. § 76106. Condemnation. In the event that a property which has been found b y the Department to be important for public ownership or assistance is in danger of being sold, used, or neglected to such an extent that its historical or cultural importance will be destr oyed or seriously impaired, or that the property is otherwise in dang er of destruction or serious impairment, the Department in cooperatio n with the Department of Land Management may acquire the histo rical property or any interest therein buy condemnation u nder the laws

destruction or serious impairment, the Department in cooperatio n with the Department of Land Management may acquire the histo rical property or any interest therein buy condemnation u nder the laws of Guam. All condemnation proceedings shall be inst ituted and prosecuted in the name of Guam. SOURCE: GC § 13985.5 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 5 § 76107. Interest Acquired. In the case of real property, the interest acquired shall be limited to that estate, agency, interest, or term d eemed by the Department to be reasonably necessary for the conti nued protection or preservation of the property. The Dep artment may acquire the fee simple title, but where it finds th at a lesser interest, including any development right, negative or affirm ative easement in gross or appurtenant covenant, lease, o r other contractual right of or to any real property, to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired. SOURCE: GC § 13985.6 enacted by P.L.

of or to any real property, to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired. SOURCE: GC § 13985.6 enacted by P.L. 12-126 (May 3, 1974). § 76108. Operation of Properties. Any historic property acquired, whether in fee or o therwise, may be used, maintained, improved, restored, or ope rated by the Department for any public purpose within its powers and not inconsistent with the purpose of the continued pres ervation of the property. Such historic property shall not be subje ct to condemnation unless such method of acquisition is f irst approved by the Governor. SOURCE: GC § 13985.7 enacted by P.L. 12-126 (May 3, 1974). § 76109. Conveyance of Properties. In appropriate cases, the Department of Land Manage ment with the concurrence of the Department may acquire or dispose of the fee or lesser interests to any historic propert y, including adjacent and associated lands, for the specific pur pose of conveying or leasing the property back to its origi nal owner or to any such other person, firm, association, corporati on, or other organization under such covenants, deed restriction s, lease, or other

eying or leasing the property back to its origi nal owner or to any such other person, firm, association, corporati on, or other organization under such covenants, deed restriction s, lease, or other contractual arrangements as will limit the fu ture use of the property in such a way as to insure its preservatio n. In all cases where property is conveyed, it shall be subjected b y covenant or otherwise to such rights of access, public visitati on, and other conditions or restrictions of operation, maintenanc e, restoration, and repair as the Department may prescribe, or to s uch conditions as may be agreed upon between the Department and th e grantee or lessee or accomplish the purposes of this sectio n. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 6 SOURCE: GC § 13985.8 enacted by P.L. 12-126 (May 3, 1974). § 76110. Contracts. The Department may enter into and carry out contrac ts with the Federal government or any agency thereof under which the Federal government or agency grants financial or ot her assistance to the Department to further the purposes of this C hapter.

rac ts with the Federal government or any agency thereof under which the Federal government or agency grants financial or ot her assistance to the Department to further the purposes of this C hapter. The Department may agree to and comply with any reasona ble conditions not inconsistent with territorial law wh ich are imposed on such grants. Such grant funds or other assistanc e may be accepted from the Federal government or agency and expended whether or not pursuant to a contract. The Departme nt may further enter into and carry out contracts with any private party to further the purpose of this Chapter. SOURCE: GC § 13985.9 enacted by P.L. 12-126 (May 3, 1974). § 76111. Entry Upon Private Land. The Department is authorized to enter, solely in pe rformance of its official duties and only at reasonable times , upon private lands for examination or survey thereof; provided t hat no member, employee or agent of the Department may enter any p rivate building or structure without the express consent o f the owner or occupant thereof. SOURCE: GC § 13985.10 enacted by P.L. 12-126 (May 3, 1974). § 76112.

gent of the Department may enter any p rivate building or structure without the express consent o f the owner or occupant thereof. SOURCE: GC § 13985.10 enacted by P.L. 12-126 (May 3, 1974). § 76112. Excavation and Removal of Prehistoric and Historic Remains or Objects on Private Lands. (a) Before any prehistoric remains or objects are e xcavated or removed from private lands by the Department, th e Department or its designated representatives may, for the purp ose of examining the remains or objects, enter upon the la nd and make investigations. The entry shall not constitute a ca use of action in favor of the owner of the land, except for damages resulting from willful acts or negligence on the part of the Depar tment or its designated representatives. (b) Removal of any prehistoric or historic remains or objects from private lands shall be made in the presence of the owner as witness. Whenever any prehistoric or historic remai ns or objects are excavated or removed from private lands by the Department COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 7 or its designated representatives, the owner of suc h lands shall be compensated for the loss of such

e lands by the Department COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 7 or its designated representatives, the owner of suc h lands shall be compensated for the loss of such remains or objects at a sum mutually agreed upon by the Department and the owne r, or if no agreement is reached, the amount of compensation sh all be determined by trial in the Superior Court and measu red by the fair market value of such remains, assessed as of the da te of its removal by the Department or its designated represe ntatives, and established by the testimony of experts qualified i n the appraisal of such remains or objects. SOURCE: GC § 13985.11 enacted by P.L. 12-126 (May 3, 1974). § 76113. Court Actions. Where any violation of this Chapter occurs, or is l ikely to occur, which will result in unauthorized or imprope r demolition, alteration, or transfer or historic property, the A ttorney General, any agency of Guam, any person, partnership, corpor ation, association, organization, or other legal entity ma y maintain an action in the Superior Court for declaratory and eq uitable relief against Guam, any person, partnership, corporation, association, organization, or

ganization, or other legal entity ma y maintain an action in the Superior Court for declaratory and eq uitable relief against Guam, any person, partnership, corporation, association, organization, or other legal entity for the protect ion of a historic property and the public trust therein. Any party wh o prevails in an action brought under the provisions of this section shall be awarded his costs, including reasonable attorney fe es. SOURCE: GC § 13985.12 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. § 76114. Guam Museum as a Depository for Certain Specimens and Objects. Any specimen and object of natural history and of b otanical, ethnological, or archaeological value or interest, and any book, treatise, or pamphlet relating to natural history, botany, ethnology, or archaeology now in the possession of the Univers ity of Guam, or any territorial department, bureau, or board, or which may hereafter come into the possession of the universit y or the department, bureau, or board, if and when the same is no longer needed for scientific investigation, for study, or for any other purpose by the university or

the possession of the universit y or the department, bureau, or board, if and when the same is no longer needed for scientific investigation, for study, or for any other purpose by the university or the department, bureau , or board may, at the request of the museum be transferred and del ivered by and COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 8 with the consent of such department, bureau, or boa rd having possession of to the museum or exchanged with the m useum, and whereupon, in any such case, the title thereto shal l become vested in the museum, provided, that the specimens and obj ects so transferred to the museum are made available at all reasonable times by the museum for study and examination by th e officials of the university or such department, bureau, or bo ard. SOURCE: GC § 13985.13 enacted by P.L. 12-126 (May 3, 1974). § 76115. Designation of Historic Sites. The Department shall designate particular places as places of historic interest, and take such action, including the erection of signs or markers, as may be appropriate for public recognition and appreciation of such sites. SOURCE: GC § 13985.14 enacted by P.L. 12-126 (May 3, 1974).

take such action, including the erection of signs or markers, as may be appropriate for public recognition and appreciation of such sites. SOURCE: GC § 13985.14 enacted by P.L. 12-126 (May 3, 1974). ----------- ARTICLE 2 CONSERVATION OF ARCHAEOLOGICAL RESOURCES § 76201. Declaration of Legislative Intent. § 76202. Definitions. § 76203. Archaeological Resources on Government Lan d. § 76204. Archaeological Investigation, Recording, a nd Salvage; Appropriations. § 76205. Prehistoric and Historic Sites and Remains . § 76206. Permits to Examine Ruins, Excavate, and Ga ther Objects on Public Lands. § 76207. Monuments: Reservation of Land; Relinquish ment of Private Claims. § 76208. Excavation and Removal of Prehistoric and Historic Remains on Private Lands. § 76209. Cooperation of Other Governmental Units. § 76210. Field Investigations on Private Lands. § 76211. Penalties. § 76212. Prehistoric or Historic Objects; Public Pr operty. § 75213. Reproductions of Prehistorical or Historic al Objects; Representation as Originals; Penalties. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 9 § 76214. Removal and Trespass. § 76201. Declaration of Legislative Intent.

al Objects; Representation as Originals; Penalties. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 9 § 76214. Removal and Trespass. § 76201. Declaration of Legislative Intent. The Legislature declares that the public has an in terest in the preservation and protection of Guam's archaeologica l resources; that the public has a right to the knowledge to be derived and gained from a scientific study of these resources, and that the therefore it is the purpose of this article to prov ide that activities for the preservation, excavation, study, and exhibi tion of Guam's archaeological resources be undertaken in a coordin ated and organized manner for the general welfare of the pub lic as a whole. SOURCE: GC § 13985.15 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. § 76202. Definitions. As used in this article: (a) Field investigation means the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removi ng surface or subsurface objects, or going on a site w ith that intent.

study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removi ng surface or subsurface objects, or going on a site w ith that intent. (b) Site means any aboriginal mound, homesite, earthwork, village location, burial ground, histori c or prehistoric ruin, quarry, cave, or other location w hich is or may be the source of important archaeological data. (c) Specimens means all relics, artifacts, remains, objects, or any other evidence of a historical, pre historical, archaeological, or anthropological nature, which ma y be found on or below the surface of the earth, and whi ch have scientific or historic value as objects of antiquit y, as aboriginal relics or as archaeological samples. SOURCE: GC § 13985.16 enacted by P.L. 12-126 (May 3, 1974). § 76203. Archaeological Resources on Government Lan d. Guam reserves to itself the exclusive right and pri vilege of field investigation on sites owned or controlled by Guam, its COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 10 agencies, departments, or institutions in order to protect and preserve archaeological and scientific information and objects.

COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 10 agencies, departments, or institutions in order to protect and preserve archaeological and scientific information and objects. All new information and objects deriving from governmen t lands shall remain the property of Guam and be utilized f or scientific or public educational purposes. SOURCE: GC § 13985.17 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. § 76204. Archaeological Investigation, Recording, a nd Salvage; Appropriations. Whenever any public construction or improvement of any nature whatsoever is undertaken by any government a gency on lands which are controlled or owned by Guam and whi ch are sites of historic or prehistoric interest and value, or l ocations of prehistoric or historic remains, one percent of the appropriation for such public construction or improvement, or so much thereof as may be necessary, shall be expended by the depar tment for the archaeological investigation, recording, and salvag e of such sites or remains when it is deemed necessary by the depar tment. SOURCE: GC § 13985.18 enacted by P.L.

xpended by the depar tment for the archaeological investigation, recording, and salvag e of such sites or remains when it is deemed necessary by the depar tment. SOURCE: GC § 13985.18 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. § 76205. Prehistoric and Historic Sites and Remains . (a) The Department shall locate, identify, and pres erve in the Guam Register of Historic Places information regard ing prehistoric and historic sites, locations, and rema ins. The Department of Land Management shall clearly designa te on its records and cadastral maps of Guam, the location of all prehistoric and historic sites, or locations and remains. (b) Before any public construction or improvement o f any nature whatsoever is undertaken by Guam, or any gov ernmental agency or officer, the head of such agency or such officer shall first examine the Department's records and cadastra l map of the area to be affected by such public construction or improvement to determine whether any site listed upon the Guam Reg ister of Historic Places is present. If so designated, the p roposed public COL11/29/202221 GCA REAL PROPERTY CH.

ic construction or improvement to determine whether any site listed upon the Guam Reg ister of Historic Places is present. If so designated, the p roposed public COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 11 construction or improvement shall not be commenced, or, in the event it has already begun, continued, until the he ad of such agency or such other officer shall have advised the Department of the proposed public construction or improvement and shall have secured the concurrence of the Department or, as he reafter provided, shall have secured the written approval o f the Governor. If the concurrence of the Department is not obtaine d within ninety days after the filing of a request therefor with the Department or after the filing of a notice of objec tions by the Department with the agency or officer seeking to pr oceed with any project, such agency or officer may apply to the Go vernor for permission to proceed notwithstanding the nonconcur rence of the Department and the Governor may take such action as he deems best in overruling or sustaining the Department.

ply to the Go vernor for permission to proceed notwithstanding the nonconcur rence of the Department and the Governor may take such action as he deems best in overruling or sustaining the Department. (c) Before any construction, alteration, or improve ment of any nature whatsoever is undertaken or commenced on a designated private prehistoric or historic site lis ted on the Guam Register of Historic Places by any person, he shall give to the Department three (3) months notice of intention to construct, alter, or improve the site. After the expiration of the three-month notificatio n period, the Department shall either commence condemnation p roceedings for the purchase of the site or remains, permits th e owner to proceed with his construction, alteration, or impro vement, or undertake or permit the recording and salvaging of any historical information deemed necessary to preserve Spanish-Ch amorro history, by any qualified agency for this purpose. Any person who violates the provisions of the first paragraph of this subsection shall be guilty of a petty misde meanor. (d) Inclusion of any historic site structure, build ing or object on the Guam Register of Historic Places shall be

s of the first paragraph of this subsection shall be guilty of a petty misde meanor. (d) Inclusion of any historic site structure, build ing or object on the Guam Register of Historic Places shall be by the majority affirmative vote of the Guam Historic Preservation Review Board. SOURCE: GC § 13985.19 enacted by P.L. 12-126 (May 3, 1974). Subsection (c) as amended by P.L. 13-187:114 (Sept. 2, 1976). Subsection (d) amended by P.L. 20-151:27 (Mar. 21, 1990). Pub lic Law 25-069:9 (July 8, 1999) repealed P.L. 20-151:27. However, P .L. 25-069:9 (July 8, 1999) was itself repealed by P.L. 25-072:VI:13(c) ( Sept. 30, 1999), which reverted the amendment of P.L. 20-151:27. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 12 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. § 76206. Permits to Examine Ruins, Excavate, and Ga ther Objects on Public Lands. Permits for the examination of ruins, excavation of archaeological sites, and the gathering of objects of antiquity upon lands owned or controlled by Guam may be granted by the Department to persons or institutions which they de em properly qualified to conduct such examination,

e gathering of objects of antiquity upon lands owned or controlled by Guam may be granted by the Department to persons or institutions which they de em properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as the Depart ment may prescribe; provided, that the examinations, excavat ions, and gatherings are undertaken for the benefit of public museums, universities, colleges, or other recognized public scientific or educational institutions, with a view to increasing the knowledge of such objects and that the gatherings may be made for permanent preservation in public museums if so deemed by the Department. SOURCE: GC § 13985.20 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. § 76207. Territorial monuments. Upon recommendation of the Historic Preservation R eview Board, the Governor may declare by executive order historic landmarks, structures or objects located on lands o wned or controlled by the government to be territorial monu ments. SOURCE: GC § 13985.21 enacted by P.L. 12-126 (May 3, 1974), andR/R by P.L. 20-151:11 (Mar. 21, 1990).

or objects located on lands o wned or controlled by the government to be territorial monu ments. SOURCE: GC § 13985.21 enacted by P.L. 12-126 (May 3, 1974), andR/R by P.L. 20-151:11 (Mar. 21, 1990). Public Law 25-06 9:9 (July 8, 1999) repealed P.L. 20-151:11. However, P.L. 25-069:9 (Ju ly 8, 1999) was itself repealed by P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the repeal and reenactment of P.L. 20-151:11. § 76208. Excavation and Removal of Prehistoric and Historic Remains on Private Lands. Before any prehistoric or historic remains are exca vated or removed from private lands by the Department, the d epartment or its designated investigators shall first secure the written approval of the owner of such lands. Whenever the value of t he private prehistoric or historic site is diminished by the e xcavation or removal of prehistoric or historic remains by the D epartment, the COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 13 owner of the site, shall be compensated for the los s, at a monetary sum mutually agreed upon by the Department and the owner or at a monetary sum set by the court. SOURCE: GC § 13985.22 enacted by P.L. 12-126 (May 3, 1974).

be compensated for the los s, at a monetary sum mutually agreed upon by the Department and the owner or at a monetary sum set by the court. SOURCE: GC § 13985.22 enacted by P.L. 12-126 (May 3, 1974). § 76209. Cooperation of Other Governmental Units. All agencies, departments, institutions, and commis sions, shall cooperate fully with the Department in the pr eservation, protection, excavation, and evaluation of specimens and sites and to that end: (a) When any agency finds or is made aware by an appropriate historical or archaeological authority that is operation in connection with any territory, territo ry assisted, territory licensed, or contracted project, activity , or program adversely affects or may adversely affect scientifi c, historical, or archaeological data, such agency sha ll notify the Department and shall provide the Department with appropriate information concerning the project, pro gram, or activity. The provisions of this section shall be m ade known to contractors by the territorial agencies doing th e contracting. SOURCE: GC § 13985.23 enacted by P.L. 12-126 (May 3, 1974). Subsections (b) and (c) repealed by P.L. 20-151:25 (Mar. 21, 1990). § 76210.

ontractors by the territorial agencies doing th e contracting. SOURCE: GC § 13985.23 enacted by P.L. 12-126 (May 3, 1974). Subsections (b) and (c) repealed by P.L. 20-151:25 (Mar. 21, 1990). § 76210. Field Investigations on Privately Owned La nds. It is the declared intention of the Legislature tha t field investigations on privately owned lands should be d iscouraged except in accordance with both the provisions and s pirit of this Chapter; and persons having knowledge of the locati on of archaeological sites are encouraged to communicate such information to the Department. SOURCE: GC § 13985.24 enacted by P.L. 12-126 (May 3, 1974). § 76211. Vandalism and Unlawful Taking of Historic Properties and Sites . It shall be unlawful for any person to take, appro priate, evacuate, injure, or destroy any prehistoric or his toric ruin or monument or object of antiquity situated on lands o wned or controlled by Guam without the permission of the De partment. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 14 Any person, firm or contractor who violates this Se ction shall be guilty of a petty misdemeanor and shall be fined no t more than Five Thousand Dollars ($5,000)

H. 76 HISTORICAL OBJECTS AND SITES 14 Any person, firm or contractor who violates this Se ction shall be guilty of a petty misdemeanor and shall be fined no t more than Five Thousand Dollars ($5,000) or imprisoned not mo re than sixty (60) days or both. Any prehistorical and historical objects and remains which have been taken without a permit shal l be seized, deposited, and preserved in public museums by the D epartment. SOURCE: GC § 13985.25 enacted by P.L. 12-126 (May 3, 1974), amended by P.L. 13-187:115 (Sept. 2, 1976), and by P.L. 20-151:14 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) rep ealed P.L. 20-151:14. However, P.L. 25-069:9 (July 8, 1999) was itself r epealed by P.L. 25- 072:IV:13(c), which reverted the amendment of P.L. 20-151:14. 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. § 76212. Prehistoric or Historic Objects; Public Pr operty. (a) The Department shall, subject to the provisions of this Chapter, determine the disposition of such prehisto ric or historic properties wheresoever located within the territori al limits of the Island of Guam.

tment shall, subject to the provisions of this Chapter, determine the disposition of such prehisto ric or historic properties wheresoever located within the territori al limits of the Island of Guam. Any person who disturbs properties of prehistoric or historic significance or removes such properties from their sites without approval or concurrence from the Historic P reservation Office shall be guilty of a felony of the third degree. (b) When a private landowner or lessee in Guam discovers properties which may be of historic significance on his property, he shall report the location of such objects, without distu rbing the properties, to the Department. All prehistoric and historic properties shall be returned to the people of Guam, with the Guam Museum serving as the depository for said propertie s. (c) (1) The transfer of prehistoric and historic properties, antiquities, and objects returned to and in the inv entory of the government of Guam to entities, governments, or organizations outside of the territorial limits of the Island of Guam shall not be effectuated without legislative concurrence.

n the inv entory of the government of Guam to entities, governments, or organizations outside of the territorial limits of the Island of Guam shall not be effectuated without legislative concurrence. (2) The Department shall assist the legislative committee with oversight over the Department’s Stat e Historic Preservation Office, in drafting a Legisla tive Resolution for legislative concurrence. Such Resol ution shall be considered a substantive Resolution and require a COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 15 public hearing, committee report, and shall be included on the Session agenda for debate or discussion during Legislative Session. (3) The Resolution shall request specifically, to transfer historical objects to entities, government s, or organizations outside of the territorial limits of the Island of Guam. The Resolution shall indicate the complete inventory of historical object(s) to be transferred, the loca tion the historical object(s) is/are proposed to be transfer red to, and the length of time the affected historical object(s ) shall remain outside the territorial limits of the Island of Guam. SOURCE: GC § 13985.26 enacted by P.L.

/are proposed to be transfer red to, and the length of time the affected historical object(s ) shall remain outside the territorial limits of the Island of Guam. SOURCE: GC § 13985.26 enacted by P.L. 12-126 (May 3, 1974), amended by P.L. 13-187:116 (Sept. 2, 1976), and P. L. 29-147:2 (Jan. 30, 2009). Subsections (a), (b), (c) added by P.L. 30- 180:1 (Aug. 16, 2010), renumbered to subsection (c) (1), (2), (3) by the C ompiler pursuant to the authority of 1 GCA § 1606. 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. 2016 NOTE: Subsection and subitem designations were added/al tered to adhere to the Compiler’s codification and alpha-num eric schemes pursuant to authority granted by 1 GCA § 1606. § 76213. Reproduction of Prehistorical or Historica l Objects, Representation as Originals; Penalties. If shall be unlawful to reproduce or forge a prehis torical or historical object with the intent to represent it a s an original. Any person who violates this section shall be guilty of a petty misdemeanor. SOURCE: GC § 13985.27 enacted by P.L. 12-126 (May 3, 1974), and amended by P.L. 13-187:117 (Sept. 2, 1976). § 76214. Removal and Trespass.

iolates this section shall be guilty of a petty misdemeanor. SOURCE: GC § 13985.27 enacted by P.L. 12-126 (May 3, 1974), and amended by P.L. 13-187:117 (Sept. 2, 1976). § 76214. Removal and Trespass. It shall be deemed an act of trespass for any perso n, natural or corporate, to remove artifacts and antiquities o f the kind described herein from the private land of any owner thereof without his permission being first obtained, and an y person so doing shall be guilty of a petty misdemeanor. SOURCE: GC § 13985.28 enacted by P.L. 12-126 (May 3, 1974), and amended by P.L. 13-187:118 (Sept. 2, 1976). COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 16 --------- ARTICLE 3 PROTECTION AND RECOVERY OF UNDERWATER HISTORIC PROPERTY AND SITES § 76301. Declaration of Legislative Intent. § 76302. Definitions. § 76303. Title to Underwater Historic Property. § 76304. Custody of Underwater Historic Property. § 76305. Salvage Research. § 76306. Permits. § 76307. Penalties. § 76301. Declaration of Legislative Intent. The Legislature declares that the public has an in terest in the protection and salvage of underwater historic prope rties situated under the navigable waters and

. Declaration of Legislative Intent. The Legislature declares that the public has an in terest in the protection and salvage of underwater historic prope rties situated under the navigable waters and territorial seas of Guam; that the public has a right to the knowledge to be derived a nd gained from a scientific study of these materials; and that the refore it is the purpose of this article to provide that activities for the protection, recovery, study, and exhibition of underwater histo ric properties be undertaken in a coordinated and organized manner for the general welfare of the public as a whole. SOURCE: GC § 13985.29 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. § 76302. Definitions. As used in this article, underwater historic property means any shipwreck, vessel, cargo, tackle, or underwater archaeological specimen, including any found at refuse sites or su bmerged sites of former habitation, that has remained unclaimed f or more than ten (10) years on the bottoms of any waters. SOURCE: GC § 13985.30 enacted by P.L. 12-126 (May 3, 1974). § 76303. Title to Underwater Historic Property.

on, that has remained unclaimed f or more than ten (10) years on the bottoms of any waters. SOURCE: GC § 13985.30 enacted by P.L. 12-126 (May 3, 1974). § 76303. Title to Underwater Historic Property. Subject to any statute of the United States and any vested riparian rights, the title to all bottoms of naviga ble water within COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 17 Guam's boundaries and the title to any underwater h istoric property living on or under such bottoms is declare d to be in Guam, and such bottoms and underwater historic prop erties shall be subject to the exclusive dominion and control of Guam. SOURCE: GC § 13985.31 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. § 76304. Custody of Underwater Historic Property. The custodian of underwater historic properties as defined in § 76301 and § 76302 shall be the Department which s hall administer the preservation and protection of these properties as hereinafter directed by this article. The Departmen t is empowered to prescribe such rules and regulations as may be n ecessary to preserve, protect, and recover any or all

ion of these properties as hereinafter directed by this article. The Departmen t is empowered to prescribe such rules and regulations as may be n ecessary to preserve, protect, and recover any or all underwate r historic properties. SOURCE: GC § 13985.32 enacted by P.L. 12-126 (May 3, 1974). § 76305. Salvage Research. The Department shall establish a center responsible for salvage research in areas designated by the Departm ent as endangered by the lease, sale, or use of public or private lands. SOURCE: GC § 13985.33 enacted by P.L. 12-126 (May 3, 1974). § 76306. Permits. (a) Any qualified persons, firm, or corporation de siring to conduct any type of exploration or recovery operati ons, in the course of which any underwater historic property or part thereof may be removed, displaced, or destroyed, shall firs t make application to the Department for a permit to condu ct such operations. (b) If the Department finds that the granting of s uch permit is in the best interest of Guam, it may grant such applicant a permit for such a period of time and under such conditions as the Department deems to be in the best interest of Guam .

of s uch permit is in the best interest of Guam, it may grant such applicant a permit for such a period of time and under such conditions as the Department deems to be in the best interest of Guam . (c) Such permit may provide for the fair compensati on to the permittee in terms of a percentage of the reasonabl e cash value of COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 18 the objects recovered or a fair share of the object s recovered, such fair compensation or share to be determined by the Department. (d) Superior title to all objects recovered shall b e retained by Guam unless or until they are released to the permi ttee by the Department. (e) All exploration and recovery operations underta ken pursuant to a permit issued under this section shal l be carried out under the general supervision of the Department and in accordance with the rules and regulations prescribe d under § 76304 and in such manner that the maximum amount of historic, scientific, archaeological, and educational informa tion may be recovered and preserved in addition to the physical recovery of items.

§ 76304 and in such manner that the maximum amount of historic, scientific, archaeological, and educational informa tion may be recovered and preserved in addition to the physical recovery of items. (f) Permits may be renewed upon or prior to expirat ion upon such terms as the Department may specify. (g) Holders of permits shall be responsible for obt aining permission of any federal agencies having jurisdict ion prior to conducting any salvaging operations. SOURCE: GC § 13985.34 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. 2016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 76307. Penalties. Any person violating the provision of this article or any rules and regulations duly established thereunder shall b e guilty of a petty misdemeanor and in addition, shall forfeit to Guam any artifacts or objects collected. SOURCE: GC § 13985.35 enacted by P.L. 12-126 (May 3, 1974), and amended by P.L. 13-187:119 (Sept. 2, 1976).

etty misdemeanor and in addition, shall forfeit to Guam any artifacts or objects collected. SOURCE: GC § 13985.35 enacted by P.L. 12-126 (May 3, 1974), and amended by P.L. 13-187:119 (Sept. 2, 1976). 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. ---------- 2008 COMPILER NOTE ON ARTICLE 4 : Public Law 27-089:3 (May 6, 2004) directed that Articles 1-5 of this ch apter be restored COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 19 pursuant to P.L. 25-072:IV:13 (Sept. 30, 1999). How ever, Article 4 was not part of the reenactments of P.L. 25-072:IV: 13. The specific repeal of Article 4 was done by P.L. 20-151:24 (Mar . 21, 1990), which repeal was never undone by subsequent legisla tion. ---------- ARTICLE 5 PRESERVATION PROCEDURES TO GUIDE TERRITORIAL AGENCIES § 76501. Declaration of Legislative Intent. § 76502. Responsibilities of Territorial Agencies. § 76503. Severability. § 76504. Treatment of Human Remains. § 76505. Enforcement and Power of Arrest. § 76506. Guam Register of Historic Places. § 76507. Guam Historic Preservation Review Board Established. § 76508. Guam Historic Preservation Review Board: D uties. § 76509.

ement and Power of Arrest. § 76506. Guam Register of Historic Places. § 76507. Guam Historic Preservation Review Board Established. § 76508. Guam Historic Preservation Review Board: D uties. § 76509. Historic Preservation Review Board. § 76510. Historic District Zones. § 76511. Certificate of Approval. § 76512. Historic Preservation Archaeological Miti gation Fund, Established. § 76501. Declaration of Legislative Intent. The Legislature declares it to be the public polic y of Guam to provide leadership in preserving, restoring, and maintaining the historic, architectural, archaeological, and cultur al environment of Guam and that therefore it is the purpose of this a rticle to provide that the instrumentalities of Guam administer the h istoric properties under their control in a spirit of stewa rdship and trusteeship for future generations and conduct thei r activities, plans, and programs in a manner consistent with pre servation and enhancement of historic properties and sites. SOURCE: GC § 13985.41 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. COL11/29/202221 GCA REAL PROPERTY CH.

erties and sites. SOURCE: GC § 13985.41 enacted by P.L. 12-126 (May 3, 1974). 2022 NOTE: References to 'territory' replaced with 'Guam' pur suant to 1 GCA § 420. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 20 § 76502. Responsibilities of Territorial Agencies. All agencies, departments, bureaus, and commissions of Guam shall: (a) Consult the Guam Historic Preservation Officer before demolishing, altering, or transferring any p roperty under the jurisdiction that is potentially of histo rical, architectural, archaeological, or cultural signific ance, including, but not limited to, any property listed on the territorial register. (b) Initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of properties under their ownership th at are listed on the territorial or national register; such measu res and procedures shall comply with applicable standards prescribed by the Department. (c) Develop plans for the maintenance, through preservation, rehabilitation, or restoration, of hi storic properties under their ownership in a manner compat ible with preservation objectives and which do not result in an

the maintenance, through preservation, rehabilitation, or restoration, of hi storic properties under their ownership in a manner compat ible with preservation objectives and which do not result in an unreasonable economic burden to public interest. (d) institute procedures to assure that their plans , programs, codes, and regulations contribute to the preservation and enhancement of sites, structures, and objects of historical, architectural, archaeologica l, or cultural significance. (e) Submit annually procedures required pursuant to Paragraphs (b), (c) and (d) to the Department and t he Institute for review and comment. (f) Determine whether their existence is no longer necessary in view of the Institute's responsibiliti es and if so, to report same to the Institute, the Governor, and the Legislature within ninety (90) days of the effectiv e date of this Act. SOURCE: GC § 13985.42 enacted by P.L. 12-126 (May 3, 1974). Subsection (a) amended by P.L. 20-151:26 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) repealed P.L. 20-151:26. H owever, P.L. 25-069:9 COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 21 (July 8, 1999) was itself repealed by P.L.

Public Law 25-069:9 (July 8, 1999) repealed P.L. 20-151:26. H owever, P.L. 25-069:9 COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 21 (July 8, 1999) was itself repealed by P.L. 25-072: IV:13(c) (Sept. 30, 1999), which reverted the amendment of P.L. 20-151: 26. 2022 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. § 76503. Severability. If any provision of this Law or the application the reof to any person is held invalid, the invalidity does not aff ect other provisions or applications of the Law which can be given effect without the invalid provisions or application; and to this end the provisions of this law are severable. SOURCE: Enacted by P.L. 12-126:22 (May 3, 1974). Numbered a nd codified by Compiler. § 76504. Treatment of human remains. Human remains shall receive respect and considerati on when discovered. Disturbance of burials shall be avoided when possible, but when necessary shall be at the expense of the d evelopers, using procedures and standards acceptable to the Gu am Historic Preservation Officer. Anthropological review of hum an remains shall be at a minimal level and only for the time a uthorized by the Guam

sing procedures and standards acceptable to the Gu am Historic Preservation Officer. Anthropological review of hum an remains shall be at a minimal level and only for the time a uthorized by the Guam Historic Preservation Officer prior to reburia l SOURCE: Added as GC § 13985.43 by P.L. 20-151:18 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) repealed P.L. 2 0-151:18. However, P.L. 25-069:9 (July 8, 1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the enactment of P .L. 20-151:27. § 76505. Enforcement and power of arrest. The Director, the Guam Historic Preservation Offic er and other designated employees of the Department shall have arresting and citation powers over persons, firms and contrac tors who are in violation of any of the provisions of this Chapt er. SOURCE: Added as GC § 13985.51 by P.L. 20-151:15 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) repealed P.L. 2 0-151:15. However, P.L. 25-069:9 (July 8, 1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the enactment of P .L. 20-151:15. § 76506. Guam Register of Historic Places. COL11/29/202221 GCA REAL PROPERTY CH.

1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the enactment of P .L. 20-151:15. § 76506. Guam Register of Historic Places. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 22 The Department's Historic Resources Division shall maintain a register of places found to be significant in the history, prehistory and culture of Guam. The Department with the advice and consent of the Guam Historic Preservation Revie w Board shall issue rules, regulations and guidelines to im plement the Guam Register of Historic Places in an orderly and effective manner. SOURCE: Added as GC § 13985.52 by P.L. 20-151:10 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) repealed P.L. 2 0-151:10. However, P.L. 25-069:9 (July 8, 1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the enactment of P .L. 20-151:10. § 76507. Guam Historic Preservation Review Board established. There is hereby created a Guam Historic Preservati on Review Board (the Board ), which Board shall consist of five (5) members, and five (5) alternates appointed by the G overnor with the consent of the Legislature.

created a Guam Historic Preservati on Review Board (the Board ), which Board shall consist of five (5) members, and five (5) alternates appointed by the G overnor with the consent of the Legislature. At least one (1) me mber of the Board shall be knowledgeable in historic preservati on and a majority shall be recognized professionals in the d isciplines of history, prehistoric and historic archeology, or ar chitecture. At least one (1) member must be knowledgeable of tradi tional Chamorro society and culture. SOURCE: Added as GC § 13985.60 by P.L. 20-151:7 (Mar. 21, 1 990). § 76508. Guam Historic Preservation Review Board: D uties. It shall be the duty of the Board to: (a) Enter historic properties into the Guam Registe r of Historic Places; (b) Evaluate applications for nominating properties to the National Register of Historic Places; (c) Review the Guam survey of the Guam Historic Properties; (d) Review the content of the comprehensive preservation plan established pursuant to § 76103 o f this Code; COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 23 (e) Serve as the Board of Directors of the Guam Preservation Trust Fund; (f) Serve as the State Historic

76103 o f this Code; COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 23 (e) Serve as the Board of Directors of the Guam Preservation Trust Fund; (f) Serve as the State Historic Review Board for purposes related to the National Historic Preservat ion Act, Public Law 89-665. SOURCE: Added as GC § 13985.61 by P.L. 20-151:8 (Mar. 21, 1 990). 2016 NOTE: Subsection designations were altered to adhere to the Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 76509. Historic Preservation Review Board. (a) Tenure. The members of the Board shall serve for four (4) years; provided, that of the members first appointe d, two (2) shall serve for four (4) years, one (1) shall serve for t hree (3) years, one (1) shall serve for two (2) years, and one (1) shal l serve for one (1) year. Replacement terms shall expire at the end of the four (4) years. (b) Compensation. Members shall be compensated Fift y Dollars ($50) for each Board meeting they attend, n ot to exceed One Hundred Dollars ($100) per month. Members trave ling on official business shall receive per diem at the est ablished government of Guam rates. (c) Quorum.

oard meeting they attend, n ot to exceed One Hundred Dollars ($100) per month. Members trave ling on official business shall receive per diem at the est ablished government of Guam rates. (c) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of official business. SOURCE: Added as GC 13985.62 by P.L. 20-151:9 (Mar. 21, 199 0). § 76510. Historic district zones. The Territorial Land Use Commission and the Guam H istoric Preservation Review Board shall jointly establish z oning controls for all registered historic properties, including b ut not limited to the Agana Historic District and the Inarajan Archit ectural Historic District. Nothing in this Section shall affect the powers given the Guam Historic Preservation Review Board in subsecti on (c) of 76205 of this Code. SOURCE: Added as GC § 13985.62 by P.L. 20-151:17 (Mar. 21, 1990). This is the same GC section number as was added in § 76509, above. Public Law 25-069:9 (July 8, 1999) repealed P.L. 2 0-151:17. However, COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 24 P.L. 25-069:9 (July 8, 1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept.

y 8, 1999) repealed P.L. 2 0-151:17. However, COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 24 P.L. 25-069:9 (July 8, 1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the enactment of P .L. 20-151:17. 2016 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to section 13985.19(c) of the Government Code was altered to reflect its codification in the GCA. § 76511. Certificate of approval. (a) A certificate of approval must be issued by th e Guam Historic Preservation Officer before any action aff ecting potential historic sites or objects is undertaken, including, but not limited to: (1) Building permits; (2) Grading permits; (3) Clearing permits; (4) Foundation permits; (5) Leases and lease renewals of government land; (6) Application for surplus federal real estate; (7) Government infrastructure improvement projects; (8) Government construction, including clearing and grading; (9) Submittal of federal grant applications for con struc- tion, land use or improvements; and (10) Applications to Territorial Land Use Commissio n and Territorial Seashore Protection Commission.

g; (9) Submittal of federal grant applications for con struc- tion, land use or improvements; and (10) Applications to Territorial Land Use Commissio n and Territorial Seashore Protection Commission. (b) The Guam Historic Preservation Officer shall ha ve the authority to prohibit activities listed in subsecti on (a) and may issue cease work orders on projects when there is e vidence of adverse impact or potential destruction of cultural or historical features on the property. In the event that there i s no alternate recourse in protecting or salvaging the cultural or historical significance of the property, the decision of the G uam Historic Preservation Officer to deny issuance of a permit o r to cease work on projects shall prevail. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 25 (c) Higher authority shall not override the decisio n of the Guam Historic Preservation Officer, except through procedures adopted pursuant to Subsection (d) of this Section. If work has already begun where items of cultural or historical significance have been disturbed, the developer shall be respons ible for the restoration of the property to its original form an d the burden

has already begun where items of cultural or historical significance have been disturbed, the developer shall be respons ible for the restoration of the property to its original form an d the burden of expense shall be on the developer. (d) The problems of projects with potential impact on cultural or historic features may be resolved by the Guam Hi storic Preservation Officer through agreement or mitigatio n. Such resolution may include, but need not be limited to, project redesign, relocation, curation and display of cultu ral resources, and land dedication to the Guam Preservation Trust. The Guam Historic Preservation Review Board shall develop th e criteria for resolution of any controversial finding in accordan ce with the Administrative Adjudication Law. (e) After a Certificate of Approval or permitting approval has been issued for a requested action as enumerated in subsection (a), any unauthorized disturbances of prehistoric or historic properties shall be subject to fines of up to Fifty Thousand Dollars ($50,000.00) and/or imprisonment of up to three (3) years for each violation. SOURCE: Added as GC § 13985.70 by P.L. 20-151:16 (Mar. 21, 1990).

all be subject to fines of up to Fifty Thousand Dollars ($50,000.00) and/or imprisonment of up to three (3) years for each violation. SOURCE: Added as GC § 13985.70 by P.L. 20-151:16 (Mar. 21, 1990). Public Law 25-069:9 (July 8, 1999) repealed P.L. 2 0-151:16. However, P.L. 25-069:9 (July 8, 1999) was itself repealed b y P.L. 25-072:IV:13(c) (Sept. 30, 1999), which reverted the enactment of P .L. 20-151:16. Subsection (e) added by P.L. 29-147:3 (Jan. 30, 200 9). § 76512. Historic Preservation Archaeological Miti gation Fund, Established. (a) Notwithstanding any other provision of law, the re is hereby created, within the Department of Parks and Recreation, the 'Historic Preservation Archaeological Mitigation Fund', which shall be a fund separate and apart from the General Fund and from any other special funds of the government of Guam. Any and all funds generated through fines imposed by th e Historic Preservation Office of the Department of Parks and Recreation shall be deposited into the Historic Preservation Archaeo logical Mitigation Fund. The Director of the Department shall administer COL11/29/202221 GCA REAL PROPERTY CH.

rtment of Parks and Recreation shall be deposited into the Historic Preservation Archaeo logical Mitigation Fund. The Director of the Department shall administer COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 26 said funds independently from the General Fund, wit h a minimum requirement of dual signatures for the expenditure of any funds within the authorized guidelines. (b) (1) Expenditures of the Fund shall be restricted to the following areas, and for the following purposes: (A) the contracting of archaeological services as determined by the Historic Preservation Office; (B) public education and awareness activities; and (C) the purchase of supplies, materials and equipment to support the activities outlined in Subsections (A) and (B) above. (2) Funds from the Historic Preservation Archaeolog ical Mitigation Fund shall not be expended for personnel services, but used solely for operations as highlig hted above; provided, however, that any monies received pursuan t to § 76602(b) of Title 21 GCA shall be expended for the hiring of Historic Preservation Specialists to enforce the pr ovisions of this Chapter generally and, more specifically, to p revent the

suan t to § 76602(b) of Title 21 GCA shall be expended for the hiring of Historic Preservation Specialists to enforce the pr ovisions of this Chapter generally and, more specifically, to p revent the harming of any prehistoric and historic properties and sites, ruins, monuments, and artifacts, as well as to adva nce the registration of prehistoric and historic cultural s ites. The Historic Preservation Office of the Department of P arks and Recreation may hire retired Historic Preservation S pecialists if a critical need arises. Retired Historic Preserv ation Specialists may receive their retirement annuity wh ile employed on this temporary basis. Retired Historic Preservation Specialists may be hired only in the p osition title of Historic Preservation Specialist III and b elow, only at Step I, and shall not receive sick and annual leave. The Director of the Department of Parks and Recreation shall provide to I Liheslaturan Guåhan a monthly financial report on the funds generated each month, within ten (10) days following the preceding month. This Fund shall not be subject to any transfer authority of I Maga’låhen G uåhan [the Governor]. SOURCE: Added by P.L. 29-147:4 (Jan.

d each month, within ten (10) days following the preceding month. This Fund shall not be subject to any transfer authority of I Maga’låhen G uåhan [the Governor]. SOURCE: Added by P.L. 29-147:4 (Jan. 30, 2009). Subsectio n (b) amended by P.L. 33-066:XII:35 (Sept. 5, 2015). COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 27 2016 NOTE: Subsection designations added and altered pursuant to the authority of 1 GCA § 1606. ---------- ARTICLE 6 GUAM PRESERVATION TRUST § 76601. Guam Preservation Trust. § 76602. Guam Preservation Trust Income. § 76603. Limitation to Purposes of Trust. § 76604. Power of the Trust. § 76605. Exemption from Executive Budget Act and Go v- ernment Procurement Law. § 76606. Responsibilities of the Trust. § 76607. Line of Credit Authorized. § 76608. I Liheslatura [Legislative] Appropriations. § 76609. Abatement of Taxes. § 76601. Guam Preservation Trust. There is hereby established as a public, non-profit corporation, the Guam Preservation Trust (the >Trust =). The Trust shall have the following purposes, which are within its powers: (a) To seek grants and donations; (b) To acquire title to threatened Guam properties for the preservation of

(the >Trust =). The Trust shall have the following purposes, which are within its powers: (a) To seek grants and donations; (b) To acquire title to threatened Guam properties for the preservation of their historical value, whether in fee simple, by leasehold, or by easement, and whether t hrough donation, transfer, dedication, or purchase; (c) To award grants for the following: (1) Historic property documentation and historic register nomination; (2) Architectural and archeological history and documentation of historic structures and sites; (3) Protection of historic structures and sites through stabilization, rehabilitation, reconstructi on, or restoration, including adequate lighting when appropriate on such sites being utilized for non-pr ofit COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 28 and non-commercial purposes, such as private homes, schools, churches, public buildings and facilities, except that commercial activity is allowable on such sites pursuant to a signed covenant between the Guam Preservation Trust and the registered owners when p art of the proceeds of such commercial activity is used for the general maintenance of such sites; (4)

rsuant to a signed covenant between the Guam Preservation Trust and the registered owners when p art of the proceeds of such commercial activity is used for the general maintenance of such sites; (4) Ethnography and oral history of Guam; and (5) Archival and archaeological research and investigations for locating, recording and protecti ng sites of historic or prehistoric interest and value . (d) To prepare a Guam Preservation Trust Master Pla n identifying, by order of priority, the buildings, s tructures and sites which in the opinion of the Trust are deservi ng of preservation and which shall be preserved. The Trus t shall hold a public hearing on the proposed plan and shal l transmit the plan to I Liheslaturan Guåhan sixty (60) days p rior to its implementation; and (e) To support other activities directly related to increasing the public appreciation of and benefit f rom historical places including public interpretation a nd pre- sentation. SOURCE: Added as GC § 13985.80 by P.L. 20-151:12 (Mar. 21, 1990), repealed and reenacted by P.L. 21-007:1 (Apr. 19, 1 991), and P.L. 27- 089:2 (May 6, 2004). § 76602. Guam Preservation Trust Income.

SOURCE: Added as GC § 13985.80 by P.L. 20-151:12 (Mar. 21, 1990), repealed and reenacted by P.L. 21-007:1 (Apr. 19, 1 991), and P.L. 27- 089:2 (May 6, 2004). § 76602. Guam Preservation Trust Income. (a) Notwithstanding any other provision of law, one hundred percent (100%) of all fees collected pursua nt to § 66408 of Division 2 of Title 21 of the Guam Code Annotate d, shall be deposited in the Guam Preservation Trust Fund. Fine s collected under § 76211 of Division 2 of Title 21 of the Guam Code Annotated, shall be deposited into the Guam Preserv ation Trust Fund. Guam Preservation Trust funds shall be mainta ined separate and apart from all other government funds. The Depa rtment of Administration, as custodian for the fees and fines collected pursuant to this Section, shall transfer all such f unds to the Trust no less than on a quarterly basis. Any and all inte rest accrued on COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 29 such funds shall also be transferred to the Trust. The amounts within the Guam Preservation Trust Fund shall be us ed by the Trust only for the purposes expressed in this Artic le 6, and shall not be subject to any transfer

transferred to the Trust. The amounts within the Guam Preservation Trust Fund shall be us ed by the Trust only for the purposes expressed in this Artic le 6, and shall not be subject to any transfer authority of I Maga'hågan Guåhan (the Governor). (b) Revenue for Historic Preservation Archaeologic al Mitigation Fund. One Hundred Thousand Dollars ($100 ,000) of the fees collected pursuant to subsection (a) of th is Section shall be transferred to the Historic Preservation Archaeo logical Mitigation Fund in equal monthly installments. SOURCE: Added as GC § 13985.82 by P.L. 20-151:13 (Mar. 21, 1990), repealed and reenacted by P.L. 27-089:2 (May 6, 200 4), and amended by P.L. 33-066:XII:32 (Sept. 5, 2015). Subsection (a) amended by P.L. 36- 107:XII:39 (Sept. 12, 2022). § 76603. Limitation to Purposes of Trust. Expenditures by the Trust shall be limited to purp oses of the Trust and may not be used for any operation of the Department of Parks and Recreation or any other agency, departmen t, bureau, division, office, instrumentality or branch of the government of Guam. SOURCE: Added as GC § 13985.83 by P.L. 21-007:2 (Apr. 19, 1 991). Repealed by P.L. 25-072:13(b) (Sept.

ncy, departmen t, bureau, division, office, instrumentality or branch of the government of Guam. SOURCE: Added as GC § 13985.83 by P.L. 21-007:2 (Apr. 19, 1 991). Repealed by P.L. 25-072:13(b) (Sept. 30, 1999), and reenacted by P.L. 27- 089:2 (May 6, 2004). § 76604. Power of the Trust. The Trust shall have the following powers in coord ination with its purposes: (a) To sue and be sued in its own name; (b) To hire its own legal counsel; (c) To hire or contract for the management of Trust assets and the conduct of Trust business; (d) To enter into and execute contracts and instrum ents of every kind and nature, necessary or convenient t o the exercise of its powers and functions; (e) To have all corporate powers provided by law. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 30 SOURCE: Added as GC § 13985.84 by P.L. 21-007:3 (Apr. 19, 1 991). Repealed by P.L. 25-072:13(b) (Sept. 30, 1999), and reenacted by P.L. 27- 089:2 (May 6, 2004). § 76605. Exemption from Executive Budget Act and Government Procurement Law. The Trust is exempt from the provisions of the Exe cutive Budget Act (5 GCA Chapter 4). SOURCE: Added as GC § 13985.85 by P.L. 21-007:4 (Apr.

from Executive Budget Act and Government Procurement Law. The Trust is exempt from the provisions of the Exe cutive Budget Act (5 GCA Chapter 4). SOURCE: Added as GC § 13985.85 by P.L. 21-007:4 (Apr. 19, 1 991). Repealed by P.L. 25-072:13(b) (Sept. 30, 1999), and reenacted by P.L. 27- 089:2 (May 6, 2004). § 76606. Responsibilities of the Trust. The Trust is subject to the following responsibilit ies: (a) A fiduciary duty toward the funds and purposes of the Trust; (b) The preparation of an annual audit report which is to be submitted to I Maga'lahen Guåhan [the Governo r] and I Liheslaturan Guåhan [the Legislature] within sixt y (60) days after the end of each fiscal year; and (c) Establish guidelines relative to the Abatement of Taxes as provided in Section 21 of Public Law 20-15 1. SOURCE: Added as GC § 13985.86 by P.L. 21:007:5 (Apr. 19, 1 991). Repealed by P.L. 25-072:13(b) (Sept. 30, 1999), and reenacted by P.L. 27- 089:2 (May 6, 2004). § 76607. Line of Credit Authorized. The Guam Preservation Trust Fund may be encumbered as collateral for a loan or line of credit to advance its grant programs pursuant to a Guam Historic Preservation Master Pla n as de- scribed in § 76601(d)

m Preservation Trust Fund may be encumbered as collateral for a loan or line of credit to advance its grant programs pursuant to a Guam Historic Preservation Master Pla n as de- scribed in § 76601(d) of this Article. The Trust is authorized to enter into such agreements necessary for the acquis ition of the loan or line of credit, with any lending institutio n chosen under its procurement regulations and/or policies. Neither th e Board of Directors nor the employees of the Trust shall incu r any personal liability for any loan agreement lawfully entered i nto. SOURCE: Added by P.L. 27-089:2 (May 6, 2004). § 76608. I Liheslatura [Legislative] Appropriations. COL11/29/202221 GCA REAL PROPERTY CH. 76 HISTORICAL OBJECTS AND SITES 31 I Liheslatura [The Legislature] may, from time to time, appropriate funds from the General Fund for deposit in the Guam Preservation Trust Fund. Such funds, when appropria ted, shall be paid directly to the Trust. SOURCE: Added by P.L. 27-089:2 (May 6, 2004). § 76609. Abatement of Taxes. The Director of Revenue and Taxation shall grant a n abatement of property taxes on private property whi ch is included within a historic preservation easement executed by

76609. Abatement of Taxes. The Director of Revenue and Taxation shall grant a n abatement of property taxes on private property whi ch is included within a historic preservation easement executed by the private owner and approved by the Guam Preservation Trust's Board of Directors. SOURCE: Added by P.L. 20-151:21 (Mar. 21, 1990); repealed and transferred to Department of Chamorro Affairs as 5 GCA § 87150 by P.L. 25-069:1 (July 8, 1999); However, P.L. 25-069:9 ( July 8, 1999) was itself repealed by P.L. 25-072:IV:13(g) (Sept. 30, 1999) a nd returned to this Article by Compiler by direction of P.L. 27-089:3 ( May 6, 2004). --------- COL11/29/2022