Historic Preservation

Commission Comment: The original State Historic Preservation Act was enacted in YSL 1-58. Section 2 of YSL 2-56 repealed that Act in its entirety and provided that its provisions supersede it. Section 1 of YSL 2-56 explain that its provisions make necessary modifications and adjustments to the Act so as to be consistent with the Executive Branch Reorganization Act.

(a) The people of the State have an ancient and distinguished history which have played an important role in the history of Micronesia.

(b) Sites, structures, buildings, objects and areas of historic and cultural significance within the State have been damaged and destroyed, and objects removed from the State.

(c) Traditions, arts, crafts, stories, and songs of historic and cultural significance are in danger of being lost as elders pass away and their knowledge with them.

Cross-reference: The constitutional provisions on Traditional Leaders and Traditions is found in Yap Const., Art. III. The statutory provisions on the councils of traditional leaders is found in chapter 1 of this title.

The State Government is empowered by the Constitution of the Federated States of Micronesia and the Constitution of the State of Yap to protect, conserve, and develop objects and places of historic and cultural interest within the State. It is the policy of the State to exercise that power to preserve the sites, structures, buildings, objects, areas, traditions, arts, crafts, stories, and songs of historic and cultural significance for the benefit of present and future generations.

(b) "Division" means the Division of Civic Affairs within the Department of Youth and Civic Affairs.

(c) "Historic property" means any site, structure, building, object or area of significance in the history, archaeology or culture of the people of the State of Yap.

(d) "Traditional culture" means any tradition, art, craft, song, story or technology indigenous to the people of the State of Yap.

(a) The State Government, including its agencies and political subdivisions shall implement a program to identify, protect, preserve, and develop historic properties and traditional culture. The program shall be known and referred to as the "Yap Historic Preservation Program".

(b) The State Government, including its agencies and political subdivisions, prior to permitting, assisting or engaging in any activity which may have an impact on historic properties shall notify the Division of Civic Affairs.

(c) The Division shall take all steps reasonable and necessary to determine the nature and magnitude of the impact such activities are likely to have on historic property or traditional culture. Should the Division determine that significant effects are likely, it shall initiate consultation with any concerned agency, political subdivisions, or person to clearly identify the historic properties or traditional culture subject to impact.

(d) The Division shall maximize beneficial effects and eliminate or mitigate any harmful effects to historic properties or traditional culture.

(e) Any agency, political subdivision or person, upon receipt of notification that consultation is necessary in the opinion of the Division, shall enter into such consultation. Any activity which is the subject of consultation shall cease if there is a threat of immediate and irreparable harm to an historic property or traditional culture.

(f) If an irresolvable conflict arises between the preservation of historic properties or traditional culture and the activity which is the subject of consultation, all parties to the consultation shall submit reports of their findings and recommendations to the Director of the Department of Youth and Civic Affairs and the Governor.

(g) The Director and Governor shall review the conflict and enter a decision to resolve the conflict. The decision shall be binding upon all parties to the activity which is the subject consultation.

(h) Prior to entering a decision, the Director and Governor shall consider the value of the activity to the economic and social development of the State and the value of the concerned historic property or traditional culture.

Cross-reference: The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III. The statutory provisions on the councils of traditional leaders is found in chapter 1 of this title. The statutory provisions on the Executive are found in Title 3 of this Code.

With the approval of the Director of Youth and Civic Affairs, the Division shall have these powers and duties:

(d) Promote, conduct, and support the restoration, stabilization and maintenance of historic properties;

(e) Conduct studies, surveys, and investigations on public or private activities that may have impact on historic properties or traditional culture;

(f) Promote the establishment of a State Museum and operate or support the operation of the museum;

(g) Promote the establishment of a State Historic Park System and administer or support the administration of the system;

(i) Coordinate public and private activities to preserve historic properties and traditional culture;

(j) Promulgate rules and regulations, subject to the approval of the Governor, necessary for the effective implementation of this chapter;

(l) Enter into contracts, to exercise powers and perform duties enumerated in this section, and engage in such other activities consistent with the purposes of this chapter.

(a) The Council of Pilung and Council of Tamol shall advise the Division on matters and activities that concern historic properties and traditional culture.

(b) The Division shall deliver reports on the activities of the Division that concern historic properties and traditional culture to the Council of Pilung and the Council of Tamol upon the request of the council.

Cross-reference: The constitutional provision establishing the Council of Pilung and the Council of Tamol is found in Yap Const., Art. III, Sect. 1. The statutory provisions on the councils of traditional leaders is found in chapter 1 of this title.

No person shall wilfully remove, or cause to be removed, historic property from the State or the public domain, or wilfully deface, disfigure, disturb, damage or destroy such property.

A person who violates any provision of this chapter, or rules and regulations promulgated pursuant to this chapter, shall upon conviction be punished as follows:

(a) If the value of the historic property involved is less than $1,000.00, by imprisonment of not more than one year, or fined not more than $1,000.00, or both; or

(b) If the value of the historic property involved is $1,000.00 or more, by imprisonment for not more than five years, or fined not more than the value of the property, or both.

Cross-reference: The statutory provisions on Crimes and Punishment are found in Title 11 of this Code.

If any provision of this chapter, or amendments thereto, or application thereof to any person, thing or circumstances is held invalid, the invalidity does not affect the provisions or application of this chapter, or amendments, that can be given effect without the invalid provision or application, and to this end the provisions of this chapter, and the amendments thereto, are severable.

	YSC, Title 5. Traditional Leaders & Traditions
	Chapter 4. Historic Preservation §401. Short title. §402. Findings. §403. Declaration of policy. §404. Definitions. §405. Implementation of policy. §406. Powers and duties of the Division. §407. Councils of traditional leaders. §408. Harming or removing historic property prohibited. §409. Penalties. §410. Severability. §401. Short title. This chapter shall be known and may be cited as the "State Historic Preservation Act of 1989". Source: YSL 2-56 §1, modified. Commission Comment: The original State Historic Preservation Act was enacted in YSL 1-58. Section 2 of YSL 2-56 repealed that Act in its entirety and provided that its provisions supersede it. Section 1 of YSL 2-56 explain that its provisions make necessary modifications and adjustments to the Act so as to be consistent with the Executive Branch Reorganization Act. §402. Findings. The Legislature finds that: (a) The people of the State have an ancient and distinguished history which have played an important role in the history of Micronesia. (b) Sites, structures, buildings, objects and areas of historic and cultural significance within the State have been damaged and destroyed, and objects removed from the State. (c) Traditions, arts, crafts, stories, and songs of historic and cultural significance are in danger of being lost as elders pass away and their knowledge with them. (d) The spirit and direction of the State are founded upon and reflected in its historic past. Source: YSL 2-56 §2, modified. Cross-reference: The constitutional provisions on Traditional Leaders and Traditions is found in Yap Const., Art. III. The statutory provisions on the councils of traditional leaders is found in chapter 1 of this title. §403. Declaration of policy. The State Government is empowered by the Constitution of the Federated States of Micronesia and the Constitution of the State of Yap to protect, conserve, and develop objects and places of historic and cultural interest within the State. It is the policy of the State to exercise that power to preserve the sites, structures, buildings, objects, areas, traditions, arts, crafts, stories, and songs of historic and cultural significance for the benefit of present and future generations. Source: YSL 2-56 §2, modified. §404. Definitions. As used in this chapter, unless the context otherwise requires, the term: (a) "Director" means the Director of Youth and Civic Affairs. (b) "Division" means the Division of Civic Affairs within the Department of Youth and Civic Affairs. (c) "Historic property" means any site, structure, building, object or area of significance in the history, archaeology or culture of the people of the State of Yap. (d) "Traditional culture" means any tradition, art, craft, song, story or technology indigenous to the people of the State of Yap. Source: YSL 2-56 §2, modified. §405. Implementation of policy. (a) The State Government, including its agencies and political subdivisions shall implement a program to identify, protect, preserve, and develop historic properties and traditional culture. The program shall be known and referred to as the "Yap Historic Preservation Program". (b) The State Government, including its agencies and political subdivisions, prior to permitting, assisting or engaging in any activity which may have an impact on historic properties shall notify the Division of Civic Affairs. (c) The Division shall take all steps reasonable and necessary to determine the nature and magnitude of the impact such activities are likely to have on historic property or traditional culture. Should the Division determine that significant effects are likely, it shall initiate consultation with any concerned agency, political subdivisions, or person to clearly identify the historic properties or traditional culture subject to impact. (d) The Division shall maximize beneficial effects and eliminate or mitigate any harmful effects to historic properties or traditional culture. (e) Any agency, political subdivision or person, upon receipt of notification that consultation is necessary in the opinion of the Division, shall enter into such consultation. Any activity which is the subject of consultation shall cease if there is a threat of immediate and irreparable harm to an historic property or traditional culture. (f) If an irresolvable conflict arises between the preservation of historic properties or traditional culture and the activity which is the subject of consultation, all parties to the consultation shall submit reports of their findings and recommendations to the Director of the Department of Youth and Civic Affairs and the Governor. (g) The Director and Governor shall review the conflict and enter a decision to resolve the conflict. The decision shall be binding upon all parties to the activity which is the subject consultation. (h) Prior to entering a decision, the Director and Governor shall consider the value of the activity to the economic and social development of the State and the value of the concerned historic property or traditional culture. Source: YSL 2-56 §2, modified. Cross-reference: The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III. The statutory provisions on the councils of traditional leaders is found in chapter 1 of this title. The statutory provisions on the Executive are found in Title 3 of this Code. §406. Powers and duties of the Division. With the approval of the Director of Youth and Civic Affairs, the Division shall have these powers and duties: (a) Participate in programs and activities of the Institute of Micronesian History and Culture; (b) Conduct and support archaeological surveys for identification of historic properties; (c) Acquire and preserve documents and oral statements on the history and traditional culture of the State; (d) Promote, conduct, and support the restoration, stabilization and maintenance of historic properties; (e) Conduct studies, surveys, and investigations on public or private activities that may have impact on historic properties or traditional culture; (f) Promote the establishment of a State Museum and operate or support the operation of the museum; (g) Promote the establishment of a State Historic Park System and administer or support the administration of the system; (h) Promote, conduct, and support education programs on historic preservation; (i) Coordinate public and private activities to preserve historic properties and traditional culture; (j) Promulgate rules and regulations, subject to the approval of the Governor, necessary for the effective implementation of this chapter; (k) Receive and administer grants and funds; and (l) Enter into contracts, to exercise powers and perform duties enumerated in this section, and engage in such other activities consistent with the purposes of this chapter. Source: YSL 2-56 §2, modified. §407. Councils of traditional leaders. (a) The Council of Pilung and Council of Tamol shall advise the Division on matters and activities that concern historic properties and traditional culture. (b) The Division shall deliver reports on the activities of the Division that concern historic properties and traditional culture to the Council of Pilung and the Council of Tamol upon the request of the council. Source: YSL 2-56 §2, modified. Cross-reference: The constitutional provision establishing the Council of Pilung and the Council of Tamol is found in Yap Const., Art. III, Sect. 1. The statutory provisions on the councils of traditional leaders is found in chapter 1 of this title. §408. Harming or removing historic property prohibited. No person shall wilfully remove, or cause to be removed, historic property from the State or the public domain, or wilfully deface, disfigure, disturb, damage or destroy such property. Source: YSL 2-56 §2, modified. §409. Penalties. A person who violates any provision of this chapter, or rules and regulations promulgated pursuant to this chapter, shall upon conviction be punished as follows: (a) If the value of the historic property involved is less than $1,000.00, by imprisonment of not more than one year, or fined not more than $1,000.00, or both; or (b) If the value of the historic property involved is $1,000.00 or more, by imprisonment for not more than five years, or fined not more than the value of the property, or both. (c) The value of the property involved shall be deemed to be the highest value, by reasonable standard, of the property. Source: YSL 2-56 §2, modified. Cross-reference: The statutory provisions on Crimes and Punishment are found in Title 11 of this Code. §410. Severability. If any provision of this chapter, or amendments thereto, or application thereof to any person, thing or circumstances is held invalid, the invalidity does not affect the provisions or application of this chapter, or amendments, that can be given effect without the invalid provision or application, and to this end the provisions of this chapter, and the amendments thereto, are severable. Source: YSL 2-56 §2, modified.