(a) (1) Plans for public buildings and buildings supported
by federal or government of Guam subsidy which contain public areas, and plans for remodeling or renovation of public buildings or facilities where the total cost of construction, remodeling or renovation exceeds the sum of One Hundred Thousand Dollars ($100,000) shall contain provisions for the inclusion of works of art, by local artists if available, including, but not limited to, sculptures, paintings, murals, or objects relating to or consisting of native art as defined in § 851 of this Chapter.

(2) The owner of the building shall also have the option of allotting at least one percent (1%) of the overall construction, remodeling, or renovation cost of a building to the Guam Council on the Arts and Humanities Agency (CAHA) in lieu of the inclusion of works of art.

(A) Money collected from the construction, remodeling, or renovation of any building within or on the premises of any public educational institution shall be transferred no later than ten (10) days of receipt to the public educational institution with jurisdiction of said building.

(B) The public educational institutions shall utilize the money for art projects/programs described in § 851 of this Chapter subject to the approval of their governing boards.

(C) No money collected pursuant to this Section shall be used for travel, unless the travel is exclusively for Guam’s participation and representation at the 13th Festival of Pacific Arts and Culture (13th FESTPAC). The money collected pursuant to this Section may be used to pay for airfare expenses for Guam’s delegates to the 13th FESTPAC, shipping expenses for pertinent cargo, and other logistical support as approved by a resolution by the governing board of CAHA. No more than Three Hundred Fifty Thousand Dollars ($350,000) may be expended pursuant to this Subsection for the
13th FESTPAC. In compliance with 1 Guam Code Ann. § 852(g)(2), the CAHA Director’s report shall include an expenditure report of funds spent pursuant to thisSubsection.

(D) If artwork plans are selected, however, a representation of the final selection shall be published in a newspaper of general circulation and/or the online version of the newspaper for public screening prior to implementation.

(E) Notwithstanding any other provision of law, rule or regulation, CAHA is authorized to expend up to Two Hundred Thousand Dollars ($200,000) of the amount in Subsection (a)(2)(C) of this Section for its operations in Fiscal Year 2021.

(b) Before issuance of the occupancy permit for such construction, remodeling or reconstruction the owner of the building must obtain clearance from the Guam Council on the Arts and Humanities Agency that the provisions of this Chapter are being complied with.

(c) (1) At least one percent (1%) of the overall construction, remodeling or renovation cost of a building described in Subsection (a) of this Section shall be reserved for the purposes of the design, construction, mounting, maintenance and replacement, and administration of works of art by CAHA in the public area of such a building, or the owner shall give the amount to CAHA.

(2) The Director of CAHA shall include in CAHA rules and regulations, pursuant to the Administrative Adjudication Law, for the disposition of funds to meet the purpose of fostering culture and the arts for the development of local artists, our children and the community as a whole.

(3) The Director of Public Works shall ensure that no construction, remodeling or renovating of a public building, or building supported by government of Guam funds, is granted an occupancy permit without this Chapter being complied with.

(d) Such buildings with an overall construction cost of less than One Hundred Thousand Dollars ($100,000) are exempted from the requirements of the Chapter unless inclusion of works of
art in their design and construction is specifically authorized by the owner.

(e) The artist who creates these works of art shall be selected as provided in Subsection (f) of this Section.

(f) The Director of CAHA shall develop rules and regulations, pursuant to the Administrative Adjudication Law, for the selection of works of art under this Chapter, and shall open competition for awarding any art contract under this Chapter by:

(1) soliciting proposals from local artists by a project announcement published no less than three (3) times in a local publication of general circulation in print and online versions; and

(2) appointing a selection committee consisting of five (5) members to review all proposals and report to the Director the results of its deliberations regarding the proposed art contract. Such committee shall include a representative of the building’s owner or of the agency or department involved, the project architect, the municipal commissioner from the project site, and at least two (2) practicing artists from Guam. The final decision regarding the use of art work and the selection committee’s recommendations shall be by the Director of CAHA, who shall be the contracting officer for any art contract executed pursuant to this Chapter.

(3) Notwithstanding any rules or regulations governing the Arts in Public Buildings and Facilities, FestPac shall be exempted from the number of grants the organization may receive per year and the maximum amount of the grant(s) the organization may receive. The aforementioned exemption shall sunset on June 30, 2016.

(g) The Director of CAHA shall include in CAHA rules and regulations, pursuant to the Administrative Adjudication Law, procedures for the acceptance of funds as stated in this Section.

(1) An account shall be established which shall be maintained separate and apart from other funds of the government of Guam, shall be kept in a separate bank account, and shall not be subject to any transfer authority of
I Maga’lahen Guåhan. Funds shall remain in such account and expended by CAHA for the purposes mandated in this Section. Said Fund shall be examined and reported upon as required by law by the Director of CAHA who will serve as the certifying officer of said Fund.

(2) On the first (1st) day of each fiscal quarter, the CAHA Director shall provide to I Maga’lahen Guåhan and the Speaker of I Liheslaturan Guåhan, and post on the CAHA website, a detailed report of how funds were allocated and utilized.

(h) Enforcement.

(1) CAHA shall identify public buildings in non- compliance with this Section and send written notices within ten (10) working days. Upon receipt of the notice, recipients have two (2) weeks (fourteen (14) calendar days) to acknowledge, in writing, receipt. Recipients will be given up to one (1) fiscal year to comply with this Section.

(2) The Guam Economic Development Authority (GEDA) shall ensure that current Qualifying Certificate (QC) program beneficiaries are in compliance with this Section.

(3) For monitoring purposes, GEDA shall provide to CAHA a list of past and current QC recipients. CAHA will determine whether former QC recipients complied with Subsections (a) and (c), and notify them in writing if non- compliance was determined. Upon receipt of the notice, recipients have two (2) weeks (fourteen (14) calendar days) to acknowledge, in writing, receipt. Recipients will be given up to one (1) fiscal year to comply with this Section.

(4) CAHA shall provide to the Department of Revenue and Taxation a list of QC recipients who fail to comply with this Section. The Department of Revenue and Taxation shall refuse to grant renewal of business licenses for current and past QC recipients in noncompliance, until the CAHA Director issues a written confirmation of compliance.

SOURCE: GC § 322, amended by P.L. 20-027:2 (June 13, 1989). Codified by the Compiler to this section of the GCA. Amended by P.L. 31-118:2 (Sept. 30, 2011). Section (f)(3) added by P.L. 33-005:2 (Feb. 25, 2015).Subsection (a) amended by P.L. 33-235 (Jan. 9, 2017), renumbered as (a), (1), (2) (A-D). Subsection (a)(2)(C) amended by P.L. 35-060:4 (Jan. 2,
2020). Subsection (a)(2)(E) added by P.L. 35-099:XII:39 (Sep. 15, 2020).

2017 NOTE: Subitem designations added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.

§ 853. Inclusion of Chamorro Artistry or Guam History
Elements in Government Buildings.

(a) Government of Guam Buildings and Structures. All government of Guam buildings and structures shall contain elements of either Guam history or of Chamorro artistry costing up to a maximum of three percent (3%) of the aggregate of the architectural and engineering, the construction or the renovation budgets therefore.

(1) Such elements may be made part of the internal or external physical structure of the building or structure and may be within the main part of the building or structure or separated from the main part. In complying with the provisions of this Section, a contractor for the government agency constructing the building or structure may consult with CAHA as to the various types of Chamorro or historic Guam artistic elements.

(2) The Department of Public Works (Department) shall monitor noncompliance with this Section during its plans approval process, unless such plans are exempted in accordance with Subsection (b) of this Section. If the Department determines that a non-exempted project does not comply with this Section, it shall refuse to issue either a building permit or an occupancy permit (as the case requires) for such project until compliance.

(b) Exceptions to Applicability. Buildings and structures constructed for use as shelters for utility facilities, or utility operations, are not subject to Subsection (a) of this Section.

(c) Compliance. Government of Guam agencies found in non-compliance of this Section shall be given up to one (1) fiscal year to comply. CAHA shall ensure compliance with this Section.

(d) Government Leased Spaces. Government of Guam agencies leasing spaces are not exempt from this Section, and iffound in non-compliance will be given up to one (1) fiscal year to comply. CAHA shall ensure compliance with this Section.

SOURCE: Added as 5 Guam Code Ann. § 80115 by P.L. 22-071:2 (Jan. 19, 1994). Recodified to this section by the Compiler. Amended by P.L. 31-118:2 (Sept. 30, 2011).

2017 NOTE: Subitem designations added in subsection (a) pursuant to the authority of 1 Guam Code Ann. § 1606.
NOTE: The Legislative Intent, enacted by § 1 of P.L. 22-071, states: The Legislature is aware of the increasing number of
government buildings and structures being constructed or renovated which contain little or no historical Chamorro structural elements. In order to preserve and
enhance the Chamorro culture, the Legislature finds a need to insure that government buildings contain elements of Chamorro artistry or of Guam history, and finds that making such elements part of government
buildings would enhance the unique beauty of Guam, as well as improve the appearance and image of the island as a tourist destination.

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