(a) For the purpose of securing the for the entire Territory proper maintenance and construction of existing highways, including roads and city and village streets and for implementing all highway-safety related plans, programs and projects, there is hereby established a fund to be known as the Territorial Highway Fund, which fund to be maintained separate and apart from any other funds of the government of Guam, and independent records shall be kept in connection therewith.

(b) For the period beginning July 1, 1971, all monies received under
11 Guam Code Ann. Finance & Taxation, Chapter 26, Article 4 and 16 Guam Code Ann. § 7160 and monies and revenue made available from the Federal Government for public highway purposes and highway safety related plans, programs and projects shall be deposited with the Territorial Highway Fund, provided further that any increase of tax revenue pursuant to 11 Guam Code Ann., Chapter 26, Article 4 shall revert to the General Fund to the extent that the increase of tax imposed. Accounting procedures for the funds shall be prescribed by the Director of Administration and suitable reserves shall be maintained for tax drawbacks under this Article which shall be paid from the Fund.

NOTE: This item has been updated by the Compiler to comply with GCA
numbering.

(c) Monies deposited in the Territorial Highway Fund shall be expended only after appropriation thereof is made by the Legislature and upon vouchers properly certified by the Director of Public Works for the purposes of acquisition of right-of-ways, planning, designing, constructing, reconstructing, improving, repairing, and maintaining of public highways, including roads and city and village streets. The Director of Public Works shall quarterly render an accounting of transactions of the Fund to the Governor and the Legislature. Accounting procedures for the Fund shall be prescribed by the Director of Administration.

COL12302011
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 54 HIGHWAY PROJECTS

(d) Monies deposited in the Territorial Highway Fund shall also be used to implement Title 23, United States Code, as it applies to Guam and the provisions of P.L. 10-109, Tenth Guam Legislature.

(e) No part or portion of the monies in the Territorial Highway Fund or from whatever source derived shall be used for the maintenance or operation of a public transit system.

(f) Notwithstanding any other provisions of law, One Million Five Hundred Thousand Dollars ($1,500,000) is hereby appropriated from the Territorial Highway Fund to the Department of Public Works for the following:

(1) the repair, including, but not limited to, widening, paving and side walks, of Clara Street in Toto, leading to J.Q. San Miguel Elementary School;

(2) the widening of Toto-Canada Road to three (3) lanes and establish a middle lane from Route 4 intersection to the Toto Community Center;

(3) subsequently at the written request of the Mayor or the Director of the Department of Education, any road leading to any school that is unsafe or does not meet the highway standards established by the Department of Public Works shall also be repaired under this Act; and

(4) monetary compensation or land exchange on a value-per- value basis to private landowners whose properties are condemned as a result of the provisions of Subsection (f).

SOURCE: GC § 10352 added by P.L. 11-82. Subsection (a) amended by P.L. 13-
29:1; Subsection (b) amended by P.L. 12-109, P.L. 15-66:VI:27, P.L. 17-4:3; Subsection (f) added by P.L. 12-109. Subsection (f) added by P.L. 24-143:10. (Subsection (f) added by P.L. 24-147:2.

2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30-050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education.