Guam § 76511 - Certificate of approval.

§ 76511. Certificate of approval.

(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 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.

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(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.