Guam § 76512 - Historic Preservation Archaeological Mitigation

§ 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

COL11/29/2022

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 GCA 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].