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;

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(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 non- profit 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

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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 Ann., 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

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activities authorized by this Chapter, and on the terms that are prescribed by the Corporation;

(u) to acquire, in any lawful manner, any intangible personal property, and to hold, maintain, use and operate the same; and to sell, 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 that are prescribed by the Corporation;

(v) upon request by the Board of Trustees, I Maga’lahen Guåhan, only with the consent of I Liheslaturan Guåhan, may convey in fee simple tracts of government-owned land, to the Corporation, suitable for development of tourist facilities in accordance with this Chapter. If the government does not own tracts suitable for these purposes, I Maga’lahen Guåhan may negotiate with the Chamorro Land Trust or with private landowners for the acquisition of suitable property; provided that, if necessary, funds have been appropriated for the acquisition;

(w) to formulate and develop standards and procedural requirements with regard to the development, promotion and preservation of the Chamorro language and culture with all relevant institutions and programs;

(x) to establish a joint appointment program with Guam colleges and universities in the teaching of Chamorro language, culture and history; and further, to establish reciprocal relationships with other institutions.

(y) to establish interim admission, event, and membership fees for the Guam Museum, without prior legislative approval and without compliance with the Administrative Adjudication Law; provided, that the interim fees shall sunset December 31, 2017.

SOURCE: Added by P.L. 25-069:1 (July 8, 1999). Subsection (y) repealed by
P.L. 25-072:13(f) (Sept. 30, 1999), and added by P.L. 33-137:1 (Mar. 4, 2016).

2016 NOTE: As added by P.L. 25-069:1 (July 8, 1999), subsection (y) stated: “”to take custody and preserve any underwater historic and cultural property in accordance with § 87146, Underwater Historic and Cultural Property, of this Chapter.”” This language was repealed by P.L. 25-072:13(f) (Sept. 30, 1999).