Title 21, Real Property

Representation as Originals; Penalties.

Whereas the Legislature has determined that the historic, archaeological, architectural, and cultural heritage of Guam is among her most important environmental assets and furthermore that the rapid social and economic development of contemporary society threatens to destroy the …

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, architecture, archaeology, or cult…

The Department in cooperation with the Territorial Land Use Commission and the Territorial Seashore Protection Commission shall establish a comprehensive program for historic preservation, restoration, and presentation, which shall include but not be limited to the following: (a)…

All territorial projects and programs relating to historic preservation and restoration shall come under the authority 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 SOURCE: GC § 13985.3 enacted by P.L. 10-068 (July 30, 1969), and repealed and reenacted by P.L. 12-126 (May 3, 1974).

(a) For the purpose of protecting or preserving any historic property, the Department may acquire, preserve, restore, hold, maintain, operate, or dispose of such properties, together with such adjacent or associated lands as may be necessary for their protection, preservation, ma…

In the event that a property which has been found by 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 destroyed or seriously impaired, or that the …

In the case of real property, the interest acquired shall be limited to that estate, agency, interest, or term deemed by the Department to be reasonably necessary for the continued protection or preservation of the property. The Department may acquire the fee simple title, but wh…

Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the Department for any public purpose within its powers and not inconsistent with the purpose of the continued preservation of the property. Such historic prop…

In appropriate cases, the Department of Land Management with the concurrence of the Department may acquire or dispose of the fee or lesser interests to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property ba…

The Department may enter into and carry out contracts with the Federal government or any agency thereof under which the Federal government or agency grants financial or other assistance to the Department to further the purposes of this Chapter. The Department may agree to and com…

The Department is authorized to enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof; provided that no member, employee or agent of the Department may enter any private building or structure without…

Remains or Objects on Private Lands. (a) Before any prehistoric remains or objects are excavated or removed from private lands by the Department, the Department or its designated representatives may, for the purpose of examining the remains or objects, enter upon the land and mak…

Where any violation of this Chapter occurs, or is likely to occur, which will result in unauthorized or improper demolition, alteration, or transfer or historic property, the Attorney General, any agency of Guam, any person, partnership, corporation, association, organization, or…

Specimens and Objects. Any specimen and object of natural history and of botanical, 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 University of Gua…

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, 197…

The Legislature declares that the public has an interest in the preservation and protection of Guam's archaeological 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 purpo…

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 removing surface or subsurface objects, or going on a site with that intent. (b) Site means any abori…

Guam reserves to itself the exclusive right and privilege of field investigation on sites owned or controlled by Guam, its agencies, departments, or institutions in order to protect and preserve archaeological and scientific information and objects. All new information and object…

Salvage; Appropriations. Whenever any public construction or improvement of any nature whatsoever is undertaken by any government agency on lands which are controlled or owned by Guam and which are sites of historic or prehistoric interest and value, or locations of prehistoric o…

(a) The Department shall locate, identify, and preserve in the Guam Register of Historic Places information regarding prehistoric and historic sites, locations, and remains. The Department of Land Management shall clearly designate on its records and cadastral maps of Guam, the l…

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 deem properly qualified to co…

Upon recommendation of the Historic Preservation Review Board, the Governor may declare by executive order historic landmarks, structures or objects located on lands owned or controlled by the government to be territorial monuments. SOURCE: GC § 13985.21 enacted by P.L. 12-126 (M…

Remains on Private Lands. Before any prehistoric or historic remains are excavated or removed from private lands by the Department, the department or its designated investigators shall first secure the written approval of the owner of such lands. Whenever the value of the private…

All agencies, departments, institutions, and commissions, shall cooperate fully with the Department in the preservation, 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 archa…

It is the declared intention of the Legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this Chapter; and persons having knowledge of the location of archaeological sites are encouraged t…

Properties and Sites. It shall be unlawful for any person to take, appropriate, evacuate, injure, or destroy any prehistoric or historic ruin or monument or object of antiquity situated on lands owned or controlled by Guam without the permission of the Department. Any person, fir…

(a) The Department shall, subject to the provisions of this Chapter, determine the disposition of such prehistoric or historic properties wheresoever located within the territorial limits of the Island of Guam. Any person who disturbs properties of prehistoric or historic signifi…

Representation as Originals; Penalties. If shall be unlawful to reproduce or forge a prehistorical or historical object with the intent to represent it as an original. Any person who violates this section shall be guilty of a petty misdemeanor. SOURCE: GC § 13985.27 enacted by P.…

It shall be deemed an act of trespass for any person, natural or corporate, to remove artifacts and antiquities of the kind described herein from the private land of any owner thereof without his permission being first obtained, and any person so doing shall be guilty of a petty …

The Legislature declares that the public has an interest in the protection and salvage of underwater historic properties situated under the navigable waters and territorial seas of Guam; that the public has a right to the knowledge to be derived and gained from a scientific study…

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 submerged sites of former habitation, that has remained unclaimed for more than ten (10) years on the bo…

Subject to any statute of the United States and any vested riparian rights, the title to all bottoms of navigable water within Guam's boundaries and the title to any underwater historic property living on or under such bottoms is declared to be in Guam, and such bottoms and under…

The custodian of underwater historic properties as defined in § 76301 and § 76302 shall be the Department which shall administer the preservation and protection of these properties as hereinafter directed by this article. The Department is empowered to prescribe such rules and re…

The Department shall establish a center responsible for salvage research in areas designated by the Department 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).

(a) Any qualified persons, firm, or corporation desiring to conduct any type of exploration or recovery operations, in the course of which any underwater historic property or part thereof may be removed, displaced, or destroyed, shall first make application to the Department for …

Any person violating the provision of this article or any rules and regulations duly established thereunder shall be 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)…

The Legislature declares it to be the public policy of Guam to provide leadership in preserving, restoring, and maintaining the historic, architectural, archaeological, and cultural environment of Guam and that therefore it is the purpose of this article to provide that the instr…

All agencies, departments, bureaus, and commissions of Guam shall: (a) Consult the Guam Historic Preservation Officer before demolishing, altering, or transferring any property under the jurisdiction that is potentially of historical, architectural, archaeological, or cultural si…

If any provision of this Law or the application thereof to any person is held invalid, the invalidity does not affect 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 ar…

Human remains shall receive respect and consideration when discovered. Disturbance of burials shall be avoided when possible, but when necessary shall be at the expense of the developers, using procedures and standards acceptable to the Guam Historic Preservation Officer. Anthrop…

The Director, the Guam Historic Preservation Officer and other designated employees of the Department shall have arresting and citation powers over persons, firms and contractors who are in violation of any of the provisions of this Chapter. SOURCE: Added as GC § 13985.51 by P.L.…

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 Review Board shall issue rules, regulations and gu…

established. There is hereby created a Guam Historic Preservation Review Board (the Board), which Board shall consist of five (5) members, and five (5) alternates appointed by the Governor with the consent of the Legislature. At least one (1) member of the Board shall be knowledg…

It shall be the duty of the Board to: (a) Enter historic properties into the Guam Register 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 t…

(a) Tenure. The members of the Board shall serve for four (4) years; provided, that of the members first appointed, two (2) shall serve for four (4) years, one (1) shall serve for three (3) years, one (1) shall serve for two (2) years, and one (1) shall serve for one (1) year. Re…

The Territorial Land Use Commission and the Guam Historic Preservation Review Board shall jointly establish zoning controls for all registered historic properties, including but not limited to the Agana Historic District and the Inarajan Architectural Historic District. Nothing i…

(a) A certificate of approval must be issued by the Guam Historic Preservation Officer before any action affecting potential historic sites or objects is undertaken, including, but not limited to: (1) Building permits; (2) Grading permits; (3) Clearing permits; (4) Foundation per…

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…

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 prese…