Bill 85.

Summary.

The bill states that its purpose is to conserve, restore and preserve historic monuments in the event of incidents caused by fortuitous circumstances. Its central provision replaces Article 130 of Law 175 of 2020, which concerns maintenance. The proposed article allocates ordinary responsibilities for the properties it covers and provides for immediate action when such an incident places the preservation of a historic monument at risk.

Under the proposed article, the Ministry of Culture (Ministerio de Cultura), acting through the National Directorate of Cultural Heritage (Dirección Nacional de Patrimonio Cultural), is responsible for maintaining buildings that belong to it or are under its direct custody and administration. The rule addresses both ownership and direct custody and administration, assigning maintenance to the ministry through the directorate in either situation.

A different responsibility applies to buildings, groups of buildings and open public spaces declared historic monuments, or located within a historic monumental complex, historic site or archaeological site, when those properties are assigned to other public institutions, private institutions, ecclesiastical organizations or individuals. The parties to whom the properties are assigned are responsible for their maintenance, conservation and restoration. The provision thus covers both designated monuments and properties located within the heritage categories it lists. The National Directorate of Cultural Heritage is charged with overseeing compliance with the conservation rules in force in relation to these responsibilities.

The same article adds a rule for a fortuitous circumstance that puts the preservation of historic monuments at risk. In that situation, the National Directorate of Cultural Heritage immediately assumes responsibility for coordinating, adopting and implementing all administrative, financial and technical measures, together with any other measures necessary to safeguard the nation’s cultural heritage. This intervention applies even when the historic monument is under the direct custody and administration of public institutions, private institutions or ecclesiastical organizations. The assignment of routine maintenance, conservation and restoration duties therefore operates alongside the directorate’s immediate role in the specified risk situation.

The bill expressly states that it amends Article 130 of Law 175 of 2020. It provides that it would take effect on the day following its promulgation in the Official Gazette (Gaceta Oficial). Its provisions concern the Ministry of Culture and the National Directorate of Cultural Heritage, as well as the public and private institutions, ecclesiastical organizations and individuals to whom the specified heritage properties are assigned. They may also interest those who administer buildings and open public spaces declared historic monuments or situated in historic monumental complexes, historic sites and archaeological sites.