GCA Title 5, Chapter 87
5 GCA GOVERNMENT OPERATIONS CH. 87 DIPATTAMENTON I KAOHAO GUINAHAN CHAMORRO (DEPARTMENT OF CHAMORRO AFFAIRS)
CHAPTER 87
DIPATTAMENTON I KAOHAO GUINAHAN CHAMORRO (DEPARTMENT OF CHAMORRO AFFAIRS)
SOURCE: This entire Chapter was first added to Title 5 of the GCA by P.L. 25-069:1 (July 8, 1999). NOTE: P.L. 25-069:2 contains the following Transition Provision: Section 2. Transition Provision. All rules and regulations duly promulgated by the constituent agencies consolidated by this Act shall remain in effect until such time the Corporation determines the need for amendments and modification pursuant to the Administrative Adjudication Law. 2016 NOTE: Pursuant to P.L. 25-072:13(g) (Sept. 30, 1999), sections 87142, 87143, 87144, 87145, 87146, 87147, 87148, 87149, 87150 regarding the Irensia Board of Advisors were repealed. Pursuant to P.L. 27-089:5 (May 6, 2004), sections 87138, 87139, 87140 and 87141 addressing Guam historic places and monuments were repealed, and provisions addressing the topic added to Title 21 GCA Chapter 76. Accordingly, §§ 87138 to 87151 have been omitted from the codification and the remaining provisions of this Chapter have been renumbered by the Compiler pursuant to the authority of 1 GCA § 1606.
- § 87101. Creation; Dipattamenton I Kaohao Guinahan Chamorro , or Department of Chamorro Affairs.
- § 87102. Principal Offices.
- § 87103. Purposes and Authorized Activities of the Corporation; General.
- § 87104. General Powers; Termination Date.
- § 87105. Board of Trustees.
- § 87106. Mås Ge’Hilo’ or President.
- § 87107. Corporate Use of Funds.
- § 87108. Appropriation Authorized.
- § 87109. Sources of Funds.
- § 87110. Donations.
- § 87111. Annual Report and Audits.
- § 87112. Utilization of Governmental Agencies and Instrumentalities.
- § 87113. Rules and Regulations.
- § 87114. Fiduciary Duties.
- § 87115. Amendments.
- § 87116. Chapter to be Liberally Construed.
5 GCA GOVERNMENT OPERATIONS CH. 87 DIPATTAMENTON I KAOHAO GUINAHAN CHAMORRO (DEPARTMENT OF CHAMORRO AFFAIRS)
- § 87117. Severability.
- § 87118. Indemnification.
- § 87119. Conflict of Interest.
- § 87120. Property of the Corporation.
- § 87121. Segundo/a Mas Ge’Hilo’ or Vice-President.
- § 87122. Transfer of Staff and Inventories.
- § 87123. Kottura Board of Advisors.
- § 87124. Kottura Board Duties.
- § 87125. Kottura Fund.
- § 87126. Dibision Inaligao, Tinige’, Yan Fina’na’gue Board of Advisors.
- § 87127. Atmenestradot/dora Inaligao, Tinige’ Yan Fina’na’gue’ .
- § 87128. Research and Publication Fund.
- § 87129. Transfer of Staff and Inventories.
- § 87130. Sagan Rikuetdon Guåhan.
- § 87131. Atmenestradot/dora Sagan Rikuetdo .
- § 87132. State Historical Records Advisory Board.
- § 87133. Fees and Fines.
- § 87134. Guam Archives Fund.
- § 87135. Confidentiality of Patron’s Records.
- § 87136. Kosas Board of Advisors.
- § 87137. Kosas Board Duties.
- § 87138. Purpose.
- § 87139. Public Market Revolving Fund.
§ 87101. Creation; Dipattamenton I Kaohao Guinahan Chamorro , or Department of Chamorro Affairs.
There is created a non-stock, non-profit public corporation to be known as the ’ Dipattamenton I Kaohao Guinahan Chamorro ’ or ‘Department of Chamorro Affairs’ (‘Corporation’) with functions, powers and responsibilities as provided in this Chapter.
§ 87102. Principal Offices.
The principal office of the Corporation shall be located on Guam, and the Corporation is deemed to be a resident of Guam.
§ 87103. Purposes and Authorized Activities of the Corporation; General.
5 GCA GOVERNMENT OPERATIONS CH. 87 DIPATTAMENTON I KAOHAO GUINAHAN CHAMORRO (DEPARTMENT OF CHAMORRO AFFAIRS)
(a) The purpose and authorized activities of the Corporation are to assist in the implementation of an integrated program for the preservation, development and promotion of the Chamorro Heritage of Guam, for the public benefit and to provide specific services to the Chamorro people. It is intended that this Corporation be a catalyst in the preservation, development and promotion of language, arts, humanities, historic and cultural preservation, research, restoration, presentation, museum activities and support programs significant to Guam’s history and culture, and to enhance the future of the Chamorro people of Guam. It is a further purpose of this Chapter to enable the Corporation to aid private enterprise without unfairly competing with it in the expansion of cultural and historical resources for Guam. (b) Specific. The Corporation has the following specific purposes and is authorized to: (1) conduct, or cause to be conducted, research and investigation into natural, cultural, medicinal and historic resources, and to publicize the results of these activities as deemed necessary; (2) except as specifically prohibited in this Chapter, make loans to any person, firm, partnership or corporation licensed to do business on Guam in furtherance of the purposes and activities stated in this Chapter. (All loans made shall be of sound value or secured to reasonably assure repayment. Each loan made by the Corporation may be sold to a commercial lending institution for a sum not less than the principal balance of the loan, and the proceeds of the loan shall be returned to the capital fund of the Corporation, subject to the terms specified in a resolution of the Board of Trustees of the Corporation. Each loan made by the Corporation shall include, wherever possible, an option on the part of the Corporation to convert up to fifty percent (50%) of the total loan into equity.); (3) enter into contracts to provide grants or loans to individuals, organizations or institutions, whether public or private, which are engaged in projects or programs related to language, culture, history, arts and humanities;
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(4) receive and administer grants in furtherance of the preservation, promotion and development of Chamorro heritage and culture; (5) obtain land belonging to the government of Guam as required to carry out its purposes and objectives, under the terms and tenure that I Liheslaturan Guåhan , by appropriate legislation, prescribes; (6) make direct loans to any person, firm, corporation or governmental entity on residential real property for purposes of restoration and historical site development; and (7) accept loans of cultural or intellectual properties on a custodial basis from individuals, families, organizations or institutions with terms and conditions to be agreed upon by all parties concerned. (8) The Corporation shall have authority over and supervise the Chamorro Village ( I Sengsong Chamorro ). SOURCE: Subsection (b)(8) added by P.L. 28-068:IV:55 (Sept. 30, 2005). 2016 NOTE: Subsection designations altered to adhere to the Compiler’s alphanumeric scheme pursuant to the authority of 1 GCA § 1606.
§ 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; (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 nonprofit 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
5 GCA GOVERNMENT OPERATIONS CH. 87 DIPATTAMENTON I KAOHAO GUINAHAN CHAMORRO (DEPARTMENT OF CHAMORRO AFFAIRS)
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
5 GCA GOVERNMENT OPERATIONS CH. 87 DIPATTAMENTON I KAOHAO GUINAHAN CHAMORRO (DEPARTMENT OF CHAMORRO AFFAIRS)
activities