Guam § 87104 - General Powers; Termination Date.

§ 87104. General Powers; Termination Date.

The Corporation has, and may exercise, the following general

powers in carrying out the purposes of this Chapter:

(a) to have perpetual succession, unless sooner terminated by

law;

(b) to adopt, alter and use a corporate seal, which shall be

judicially noticed;

(c) to adopt, amend and repeal bylaws and other rules,

regulations and directives governing the conduct of its business and

the performance of the powers and duties granted to or imposed

upon it by law according to the Administrative Adjudication Law;

(d) to sue and to be sued in its corporate name;

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(e) to determine the character of, and the necessity for its

obligations and expenditures and the manner in which they shall be

incurred, allowed and paid;

(f) (1) to acquire, in any lawful manner, any real property, and

to hold, maintain, use and operate the same; and

(2) to sell, lease, encumber or otherwise dispose of the

same, whenever any of the foregoing transactions are deemed

necessary or appropriate to the conduct of the activities

authorized by this Chapter, and on the terms prescribed by the

Corporation;

(3) to prepare or cause to be prepared all plans and

specifications for capital construction of the Corporation’s

facilities in consultation with the respective Divisions and their

boards, except that in no way shall this be construed as

providing to the Corporation any powers of eminent domain;

(g) (1) to acquire by purchase, lease or gift any property or any

interest in property that has been determined by the

Corporation to preserve and protect the Chamorro heritage

when the property is found by the Corporation to be important

for public ownership or is in danger of being sold, used or

neglected to the extent that its historical or cultural importance

will be destroyed or seriously impaired, or that the property is

otherwise in danger of destruction or serious impairment.

(2) In the case of real property, the interest acquired shall

be limited to that estate, agency, interest or term deemed by the

Corporation to be reasonably necessary for the continued

protection or preservation of the property.

(3) The Corporation may acquire the fee simple title, but

where it finds that a lesser interest, including any development

right, negative or affirmative easement in gross or appurtenant

covenant, lease or other contractual right of or to any real

property, to be the most practical and economical method of

protecting and preserving the historical or culturally important

property, the lesser interest may be acquired, except that this

shall not be construed as giving the Corporation any powers of

eminent domain;

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(h) to enter into and perform contracts, leases, cooperative

agreements or other transactions with any agency or instrumentality

of the United States of America, or with any State, territory,

possession, or any political subdivision of the United States or of

any other Nation, or with any person, firm, association or

corporation, which is deemed necessary or appropriate to the

conduct of the activities authorized by this Chapter, and on the

terms prescribed by the Corporation;

(i) to execute all instruments necessary or appropriate in the

exercise of any of its functions;

(j) to employ persons to provide professional, clerical and

technical assistance necessary for the conduct of the business of the

Corporation; to delegate to them the powers and to prescribe for

them the duties deemed appropriate by the Corporation; to fix and

pay compensation to them for their services as the Corporation may

determine in accordance with the provisions of the personnel and

compensation law; to require bonds from those that the Corporation

may designate, the premiums to be paid by the Corporation; and to

remove and discharge employees and other clerical and technical

assistance, pursuant to the provisions of the personnel regulations

adopted under §§ 4105 and 4106 of Title 4 of the Guam Code

Annotated;

(k) to accept monetary or in-kind gifts or donations of services,

or of property, whether real, personal or mixed, and whether

tangible or intangible, in aid of any of the activities authorized by

this Chapter. All donations to the Corporation and any of its

programs and units, associations, subsidiaries, affiliates, but not

limited to the same, shall be tax-deductible to the donors in the same

manner and extent that donations to charitable or educational non-

profit organizations are deductible as provided by law;

(l) in accordance with Chapter 5 of Title 5 of the Guam Code

Annotated, Guam Procurement Law, to construct, equip, operate

and maintain buildings, works, forms, fisheries and other facilities,

including all equipment, supplies and machinery incident thereto;

(m) to form or cause to be formed, to promote, to aid and to

invest in any manner within its means in the promotion of any

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corporation or other association, and to cause or participate in the

merger, consolidation, reorganization, liquidation or dissolution of

any corporation or association in which, or in the business of which,

the Corporation has a direct or indirect interest;

(n) to settle and adjust claims held by the Corporation against

other persons or parties, and by other persons or parties against the

Corporation;

(o) to borrow funds required to finance revenue-producing

projects subject to legislative approval, and to dedicate revenue

derived from the projects for the repayment of loans;

(p) to work closely with the Guam Economic Development

Authority, Guam Visitors Bureau, all educational and religious

institutions on Guam, public and private organizations, both on and

off-Island, and other appropriate agencies to maximize the public

benefits and opportunities which enhance the purposes of the

Corporation;

(q) the Corporation shall submit to I Liheslaturan Guåhan,

through I Maga’lahen Guåhan, from time-to-time, legislation that it

deems necessary to expeditiously and effectively foster desirable

projects and facilities authorized by this Chapter;

(r) to endorse, guarantee and secure the payment and satisfaction

of bonds, coupons, mortgages, deeds of trust, debentures, obligations,

evidences of indebtedness and shares of stock of other corporations, as

far as and to the extent that it is necessary and appropriate to carry out

the Corporation’s authorized and permissible activities under its powers

and functions, subject to legislative approval;

(s) to negotiate agreements for the construction of tourist

attractions depicting the historical and cultural development of the

Chamorro people. Revenues collected by any tourist attraction facility

may be pledged for repayment of the loan, subject to legislative

approval;

(t) to acquire in accordance with Chapter 5 of Title 5, Guam Code

Annotated, Guam Procurement Law, any tangible personal property,

and to hold, maintain, use and operate the same; and to sell, lease,

encumber or otherwise dispose of the same, whenever any of these

transactions are deemed necessary or appropriate to the conduct of the

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activities authorized by this Chapter, and on the terms that are

prescribed by the Corporation;

(u) to acquire, in any lawful manner, any intangible personal

property, and to hold, maintain, use and operate the same; and to sell,

encumber or otherwise dispose of the same, whenever any of the

foregoing transactions are deemed necessary or appropriate to the

conduct of the activities authorized by this Chapter, and on the terms

that are prescribed by the Corporation;

(v) upon request by the Board of Trustees, I Maga’lahen Guåhan,

only with the consent of I Liheslaturan Guåhan, may convey in fee

simple tracts of government-owned land, to the Corporation, suitable

for development of tourist facilities in accordance with this Chapter. If

the government does not own tracts suitable for these purposes, I

Maga’lahen Guåhan may negotiate with the Chamorro Land Trust or

with private landowners for the acquisition of suitable property;

provided that, if necessary, funds have been appropriated for the

acquisition;

(w) to formulate and develop standards and procedural

requirements with regard to the development, promotion and

preservation of the Chamorro language and culture with all relevant

institutions and programs;

(x) to establish a joint appointment program with Guam colleges

and universities in the teaching of Chamorro language, culture and

history; and further, to establish reciprocal relationships with other

institutions.

(y) to establish interim admission, event, and membership fees

for the Guam Museum, without prior legislative approval and

without compliance with the Administrative Adjudication Law;

provided, that the interim fees shall sunset December 31, 2017.