21 Guam Code Ann. § 76511
Terms Used In 21 Guam Code Ann. § 76511
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(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 construc- tion, land use or improvements; and
(10) Applications to Territorial Land Use Commission and Territorial Seashore Protection Commission.
(b) The Guam Historic Preservation Officer shall have the authority to prohibit activities listed in subsection (a) and may issue cease work orders on projects when there is evidence of adverse impact or potential destruction of cultural or historical features on the property. In the event that there is no alternate recourse in protecting or salvaging the cultural or historical significance of the property, the decision of the Guam Historic Preservation Officer to deny issuance of a permit or to cease work on projects shall prevail.
(c) Higher authority shall not override the decision 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 responsible for the restoration of the property to its original form and 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 Historic Preservation Officer through agreement or mitigation. Such resolution may include, but need not be limited to, project redesign, relocation, curation and display of cultural resources, and land dedication to the Guam Preservation Trust. The Guam Historic Preservation Review Board shall develop the criteria for resolution of any controversial finding in accordance 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). Public Law 25-069:9 (July 8, 1999) repealed P.L. 20-151:16. However, P.L. 25-069:9 (July 8, 1999) was itself repealed by 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, 2009).
§ 76512. Historic Preservation Archaeological Mitigation
Fund, Established.
(a) Notwithstanding any other provision of law, there 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 the Historic Preservation Office of the Department of Parks and Recreation shall be deposited into the Historic Preservation Archaeological Mitigation Fund. The Director of the Department shall administer
said funds independently from the General Fund, with 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 Archaeological Mitigation Fund shall not be expended for personnel services, but used solely for operations as highlighted above; provided, however, that any monies received pursuant to § 76602(b) of Title 21 Guam Code Ann. shall be expended for the hiring of
Historic Preservation Specialists to enforce the provisions of this Chapter generally and, more specifically, to prevent the harming of any prehistoric and historic properties and sites, ruins, monuments, and artifacts, as well as to advance the registration of prehistoric and historic cultural sites. The Historic Preservation Office of the Department of Parks and Recreation may hire retired Historic Preservation Specialists if a critical need arises. Retired Historic Preservation Specialists may receive their retirement annuity while employed on this temporary basis. Retired Historic Preservation Specialists may be hired only in the position title of Historic Preservation Specialist III and below, 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 Guåhan [the Governor].
SOURCE: Added by P.L. 29-147:4 (Jan. 30, 2009). Subsection (b)
amended by P.L. 33-066:XII:35 (Sept. 5, 2015).2016 NOTE: Subsection designations added and altered pursuant to the authority of 1 Guam Code Ann. § 1606.
———-
ARTICLE 6
GUAM PRESERVATION TRUST