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 CH. 76 HISTORICAL OBJECTS AND SITES 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].