Guam § 76205 - Prehistoric and Historic Sites and Remains.

§ 76205. Prehistoric and Historic Sites and Remains.

(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 location of all prehistoric

and historic sites, or locations and remains.

(b) Before any public construction or improvement of any

nature whatsoever is undertaken by Guam, or any governmental

agency or officer, the head of such agency or such officer shall

first examine the Department's records and cadastral map of the

area to be affected by such public construction or improvement to

determine whether any site listed upon the Guam Register of

Historic Places is present. If so designated, the proposed public

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construction or improvement shall not be commenced, or, in the

event it has already begun, continued, until the head 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 hereafter

provided, shall have secured the written approval of the Governor.

If the concurrence of the Department is not obtained within

ninety days after the filing of a request therefor with the

Department or after the filing of a notice of objections by the

Department with the agency or officer seeking to proceed with any

project, such agency or officer may apply to the Governor for

permission to proceed notwithstanding the nonconcurrence 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 improvement of

any nature whatsoever is undertaken or commenced on a

designated private prehistoric or historic site listed 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 notification period,

the Department shall either commence condemnation proceedings

for the purchase of the site or remains, permits the owner to

proceed with his construction, alteration, or improvement, or

undertake or permit the recording and salvaging of any historical

information deemed necessary to preserve Spanish-Chamorro

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 misdemeanor.

(d) Inclusion of any historic site structure, building or object

on the Guam Register of Historic Places shall be by the majority

affirmative vote of the Guam Historic Preservation Review Board.