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 construction, 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. COL11/29/2022 CH. 76 HISTORICAL OBJECTS AND SITES

(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.