Guam § 76212 - Prehistoric or Historic Objects; Public Property.

§ 76212. Prehistoric or Historic Objects; Public Property.

(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 significance or removes such properties from their sites

without approval or concurrence from the Historic Preservation

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 disturbing 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 properties.

(c) (1) The transfer of prehistoric and historic properties,

antiquities, and objects returned to and in the inventory 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 State

Historic Preservation Office, in drafting a Legislative

Resolution for legislative concurrence. Such Resolution

shall be considered a substantive Resolution and require a

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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, governments, 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 location the

historical object(s) is/are proposed to be transferred to, and

the length of time the affected historical object(s) shall

remain outside the territorial limits of the Island of Guam.