[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 402 Enrolled Bill (ENR)]
H.R.402
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To amend the Alaska Native Claims Settlement Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--ALASKA NATIVE CLAIMS SETTLEMENT
SECTION 101. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE
ASSOCIATIONS CONVEYANCES.
The conveyance of approximately 11,520 acres to Montana Creek
Native Association, Inc., and the conveyance of approximately 11,520
acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc.
in fulfillment of the agreement of February 3, 1976, and subsequent
letter agreement of March 26, 1982, among the 3 parties are hereby
adopted and ratified as a matter of Federal law. The conveyances shall
be deemed to be conveyances pursuant to section 14(h)(2) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group
corporations for Montana Creek and Caswell are hereby declared to have
received their full entitlement and shall not be entitled to receive
any additional lands under the Alaska Native Claims Settlement Act. The
ratification of these conveyances shall not have any effect on section
14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) or
upon the duties and obligations of the United States to any Alaska
Native Corporation. This ratification shall not be for any claim to
land or money by the Caswell or Montana Creek group corporations or any
other Alaska Native Corporation against the State of Alaska, the United
States, or Cook Inlet Region, Incorporated.
SEC. 102. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL
CORPORATIONS.
Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following:
``(3) This section shall apply to lands conveyed by interim
conveyance or patent to a regional corporation pursuant to this Act
which are made subject to a mining claim or claims located under
the general mining laws, including lands conveyed prior to
enactment of this paragraph. Effective upon the date of enactment
of this paragraph, the Secretary, acting through the Bureau of Land
Management and in a manner consistent with section 14(g), shall
transfer to the regional corporation administration of all mining
claims determined to be entirely within lands conveyed to that
corporation. Any person holding such mining claim or claims shall
meet such requirements of the general mining laws and section 314
of the Federal Land Management and Policy Act of 1976 (43 U.S.C.
1744), except that any filings that would have been made with the
Bureau of Land Management if the lands were within Federal
ownership shall be timely made with the appropriate regional
corporation. The validity of any such mining claim or claims may be
contested by the regional corporation, in place of the United
States. All contest proceedings and appeals by the mining claimants
of adverse decisions made by the regional corporation shall be
brought in Federal District Court for the District of Alaska.
Neither the United States nor any Federal agency or official shall
be named or joined as a party in such proceedings or appeals. All
revenues from such mining claims received after passage of this
paragraph shall be remitted to the regional corporation subject to
distribution pursuant to section 7(i) of this Act, except that in
the event that the mining claim or claims are not totally within
the lands conveyed to the regional corporation, the regional
corporation shall be entitled only to that proportion of revenues,
other than administrative fees, reasonably allocated to the portion
of the mining claim so conveyed.''.
SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE
CONTAMINATION OF TRANSFERRED LANDS.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``claims arising from contamination of transferred lands
``Sec. 40. (a) As used in this section the term `contaminant' means
hazardous substance harmful to public health or the environment,
including friable asbestos.
``(b) Within 18 months of enactment of this section, and after
consultation with the Secretary of Agriculture, State of Alaska, and
appropriate Alaska Native Corporations and organizations, the Secretary
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, a report addressing issues presented by the presence of
contaminants on lands conveyed or prioritized for conveyance to such
corporations pursuant to this Act. Such report shall consist of--
``(1) existing information concerning the nature and types of
contaminants present on such lands prior to conveyance to Alaska
Native Corporations;
``(2) existing information identifying to the extent
practicable the existence and availability of potentially
responsible parties for the removal or remediation of the effects
of such contaminants;
``(3) identification of existing remedies;
``(4) recommendations for any additional legislation that the
Secretary concludes is necessary to remedy the problem of
contaminants on the lands; and
``(5) in addition to the identification of contaminants,
identification of structures known to have asbestos present and
recommendations to inform Native landowners on the containment of
asbestos.''.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF
IMPLEMENTING REQUIRED RECONVEYANCES.
Section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended by adding at the end the following:
``There is authorized to be appropriated such sums as may be
necessary for the purpose of providing technical assistance to Village
Corporations established pursuant to this Act in order that they may
fulfill the reconveyance requirements of section 14(c) of this Act. The
Secretary may make funds available as grants to ANCSA or nonprofit
corporations that maintain in-house land planning and management
capabilities.''.
SEC. 105. NATIVE ALLOTMENTS.
Section 1431(o) of the Alaska National Interest Lands Conservation
Act (94 Stat. 2542) is amended by adding at the end the following:
``(5) Following the exercise by Arctic Slope Regional
Corporation of its option under paragraph (1) to acquire the
subsurface estate beneath lands within the National Petroleum
Reserve--Alaska selected by Kuukpik Corporation, where such
subsurface estate entirely surrounds lands subject to a Native
allotment application approved under section 905 of this Act, and
the oil and gas in such lands have been reserved to the United
States, Arctic Slope Regional Corporation, at its further option
and subject to the concurrence of Kuukpik Corporation, shall be
entitled to receive a conveyance of the reserved oil and gas,
including all rights and privileges therein reserved to the United
States, in such lands. Upon the receipt of a conveyance of such oil
and gas interests, the entitlement of Arctic Slope Regional
Corporation to in-lieu subsurface lands under section 12(a)(1) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)(1))
shall be reduced by the amount of acreage determined by the
Secretary to be conveyed to Arctic Slope Regional Corporation
pursuant to this paragraph.''.
SEC. 106. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKA
VETERANS FOR ALLOTMENTS.
(a) In General.--No later than 9 months after the date of enactment
of this Act, the Secretary of the Interior, in consultation with the
Secretary of Agriculture, the State of Alaska and appropriate Native
corporations and organizations, shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report which shall include, but
not be limited to, the following:
(1) The number of Vietnam era veterans, as defined in section
101 of title 38, United States Code, who were eligible for but did
not apply for an allotment of not to exceed 160 acres under the Act
of May 17, 1906 (chapter 2469, 34 Stat. 197), as the Act was in
effect before December 18, 1971.
(2) An assessment of the potential impacts of additional
allotments on conservation system units as that term is defined in
section 102(4) of the Alaska National Interest Lands Conservation
Act (94 Stat. 2375).
(3) Recommendations for any additional legislation that the
Secretary concludes is necessary.
(b) Requirement.--The Secretary of Veterans Affairs shall release
to the Secretary of the Interior information relevant to the report
required under subsection (a).
SEC. 107. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Transfer.--In order to effect a recision of the ANCSA
settlement conveyance to Cook Inlet Region, Incorporated of the
approximately 134.49 acres and structures located thereon
(``property'') known as the Wrangell Institute in Wrangell, Alaska,
upon certification to the Secretary by Cook Inlet Region, Incorporated,
that the Wrangell Institute property has been offered for transfer to
the City of Wrangell, property bidding credits in an amount of
$475,000, together with adjustments from January 1, 1976 made pursuant
to the methodology used to establish the Remaining Obligation
Entitlement in the Memorandum of Understanding Between the United
States Department of the Interior and Cook Inlet Region, Incorporated
dated April 11, 1986, shall be restored to the Cook Inlet Region,
Incorporated, property account in the Treasury established under
section 12(b) of the Act of January 2, 1976 (Public Law 94-204, 43
U.S.C. 1611 note), as amended, referred to in such section as the
``Cook Inlet Region, Incorporated, property account''. Acceptance by
the City of Wrangell, Alaska of the property shall constitute a waiver
by the City of Wrangell of any claims for the costs of remediation
related to asbestos, whether in the nature of participation or
reimbursement, against the United States or Cook Inlet Region,
Incorporated. The acceptance of the property bidding credits by Cook
Inlet Region, Incorporated, Alaska of the property shall constitute a
waiver by Cook Inlet Region, Incorporated of any claims for the costs
of remediation related to asbestos, whether in the nature of
participation or reimbursement, against the United States. In no event
shall the United States be required to take title to the property. Such
restored property bidding credits may be used in the same manner as any
other portion of the account.
(b) Hold Harmless.--Upon acceptance of the property bidding credits
by Cook Inlet Region, Inc., the United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries in any
and all claims arising from asbestos or any contamination existing at
the Wrangell Institute property at the time of transfer of ownership of
the property from the United States to Cook Inlet Region, Incorporated.
SEC. 108. SHISHMAREF AIRPORT AMENDMENT.
The Shishmaref Airport, conveyed to the State of Alaska on January
5, 1967, in Patent No. 1240529, is subject to reversion to the United
States, pursuant to the terms of that patent for nonuse as an airport.
The Administrator of the Federal Aviation Administration is hereby
directed to exercise said reverter in Patent No. 1240529 in favor of
the United States within twelve months of the date of enactment of this
section. Upon revesting of title, notwithstanding any other provision
of law, the United States shall immediately thereafter transfer all
right, title, and interest of the United States in the subject lands to
the Shishmaref Native Corporation. Nothing in this section shall
relieve the State, the United States, or any other potentially
responsible party of liability, if any, under existing law for the
cleanup of hazardous or solid wastes on the property, nor shall the
United States or Shishmaref Native Corporation become liable for the
cleanup of the property solely by virtue of acquiring title from the
State of Alaska or from the United States.
SEC. 109. DEFINITION OF REVENUES.
(a) Section 7(i) of the Alaska Native Claims Settlement Act, Public
Law 92-203 (43 U.S.C. 1606(i)), is amended--
(1) by inserting ``(1)'' after ``(i)''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this subsection, the term `revenues' does
not include any benefit received or realized for the use of losses
incurred or credits earned by a Regional Corporation.''.
(b) This amendment shall be effective as of the date of enactment
of the Alaska Native Claims Settlement Act, Public Law 92-203 (43
U.S.C. 1601, et seq.).
TITLE II--HAWAIIAN HOME LANDS
SEC. 201. SHORT TITLE
This title may be cited as the ``Hawaiian Home Lands Recovery
Act''.
SEC. 202. DEFINITIONS.
As used in this title:
(1) Agency.--The term ``agency'' includes--
(A) any instrumentality of the United States;
(B) any element of an agency; and
(C) any wholly owned or mixed-owned corporation of the
United States Government.
(2) Beneficiary.--The term ``beneficiary'' has the same meaning
as is given the term ``native Hawaiian'' under section 201(7) of
the Hawaiian Homes Commission Act.
(3) Chairman.--The term ``Chairman'' means the Chairman of the
Hawaiian Homes Commission of the State of Hawaii.
(4) Commission.--The term ``Commission'' means the Hawaiian
Homes Commission established by section 202 of the Hawaiian Homes
Commission Act.
(5) Hawaiian homes commission act.--The term ``Hawaiian Homes
Commission Act'' means the Hawaiian Homes Commission Act, 1920 (42
Stat. 108 et. seq., chapter 42).
(6) Hawaii state admission act.--The term ``Hawaii State
Admission Act'' means the Act entitled ``An Act to provide for the
admission of the State of Hawaii into the Union'', approved March
18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 491).
(7) Lost use.--The term ``lost use'' means the value of the use
of the land during the period when beneficiaries or the Hawaiian
Homes Commission have been unable to use lands as authorized by the
Hawaiian Homes Commission Act because of the use of such lands by
the Federal Government after August 21, 1959.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.
(a) Determination.--
(1) The Secretary shall determine the value of the following:
(A) Lands under the control of the Federal Government
that--
(i) were initially designated as available lands under
section 203 of the Hawaiian Homes Commission Act (as in
effect on the date of enactment of such Act); and
(ii) were nevertheless transferred to or otherwise
acquired by the Federal Government.
(B) The lost use of lands described in subparagraph (A).
(2)(A) Except as provided in subparagraph (B), the
determinations of value made under this subsection shall be made
not later than 1 year after the date of enactment of this Act. In
carrying out this subsection, the Secretary shall use a method of
determining value that--
(i) is acceptable to the Chairman; and
(ii) is in the best interest of the beneficiaries.
(B) The Secretary and the Chairman may mutually agree to extend
the deadline for making determinations under this subparagraph
beyond the date specified in subparagraph (A).
(3) The Secretary and the Chairman may mutually agree, with
respect to the determinations of value described in subparagraphs
(A) and (B) of paragraph (1), to provide--
(A) for making any portion of the determinations of value
pursuant to subparagraphs (A) and (B) of paragraph (1); and
(B) for making the remainder of the determinations with
respect to which the Secretary and the Chairman do not exercise
the option described in subparagraph (A), pursuant to an
appraisal conducted under paragraph (4).
(4)(A) Except as provided in subparagraph (C), if the Secretary
and the Chairman do not agree on the determinations of value made
by the Secretary under subparagraphs (A) and (B) of paragraph (1),
or, pursuant to paragraph (3), mutually agree to determine the
value of certain lands pursuant to this subparagraph, such values
shall be determined by an appraisal. An appraisal conducted under
this subparagraph shall be conducted in accordance with appraisal
standards that are mutually agreeable to the Secretary and the
Chairman.
(B) If an appraisal is conducted pursuant to this subparagraph,
during the appraisal process--
(i) the Chairman shall have the opportunity to present
evidence of value to the Secretary;
(ii) the Secretary shall provide the Chairman a preliminary
copy of the appraisal;
(iii) the Chairman shall have a reasonable and sufficient
opportunity to comment on the preliminary copy of the
appraisal; and
(iv) the Secretary shall give consideration to the comments
and evidence of value submitted by the Chairman under this
subparagraph.
(C) The Chairman shall have the right to dispute the
determinations of values made by an appraisal conducted under this
subparagraph. If the Chairman disputes the appraisal, the Secretary
and the Chairman may mutually agree to employ a process of
bargaining, mediation, or other means of dispute resolution to make
the determinations of values described in subparagraphs (A) and (B)
of paragraph (1).
(b) Authorization.--
(1) Exchange.--Subject to paragraphs (2) and (5), the Secretary
may convey Federal lands described in paragraph (5) to the
Department of Hawaiian Home Lands in exchange for the continued
retention by the Federal Government of lands described in
subsection (a)(1)(A).
(2) Value of lands.--(A) The value of any lands conveyed to the
Department of Hawaiian Home Lands by the Federal Government in
accordance with an exchange made under paragraph (1) may not be
less than the value of the lands retained by the Federal Government
pursuant to such exchange.
(B) For the purposes of this subsection, the value of any lands
exchanged pursuant to paragraph (1) shall be determined as of the
date the exchange is carried out, or any other date determined by
the Secretary, with the concurrence of the Chairman.
(3) Lost use.--Subject to paragraphs (4) and (5), the Secretary
may convey Federal lands described in paragraph (5) to the
Department of Hawaiian Home Lands as compensation for the lost use
of lands determined under subsection (a)(1)(B).
(4) Value of lost use.--(A) the value of any lands conveyed to
the Department of Hawaiian Home Lands by the Federal Government as
compensation under paragraph (3) may not be less than the value of
the lost use of lands determined under subsection (a)(1)(B).
(B) For the purposes of this subparagraph, the value of any
lands conveyed pursuant to paragraph (3) shall be determined as of
the date that the conveyance occurs, or any other date determined
by the Secretary, with the concurrence of the Chairman.
(5) Federal lands for exchange.--(A) Subject to subparagraphs
(B) and (C), Federal lands located in Hawaii that are under the
control of an agency (other than lands within the National Park
System or the National Wildlife Refuge System) may be conveyed to
the Department of Hawaiian Home Lands under paragraphs (1) and (3).
To assist the Secretary in carrying out this Act, the head of an
agency may transfer to the Department of the Interior, without
reimbursement, jurisdiction and control over any lands and any
structures that the Secretary determines to be suitable for
conveyance to the Department of Hawaiian Home Lands pursuant to an
exchange conducted under this section.
(B) No Federal lands that the Federal Government is required to
convey to the State of Hawaii under section 5 of the Hawaii State
Admission Act may be conveyed under paragraph (1) or (3).
(C) No Federal lands that generate income (or would be expected
to generate income) for the Federal Government may be conveyed
pursuant to an exchange made under this paragraph to the Department
of Hawaiian Home Lands.
(c) Available Lands.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall require that lands conveyed to the Department of
Hawaiian Home Lands under this Act shall have the status of
available lands under the Hawaiian Homes Commission Act.
(2) Subsequent exchange of lands.--Notwithstanding any other
provision of law, lands conveyed to the Department of Hawaiian Home
Lands under this paragraph may subsequently be exchanged pursuant
to section 204(3) of the Hawaiian Home Commission Act.
(3) Sale of certain lands.--Notwithstanding any other provision
of law, the Chairman may, at the time that lands are conveyed to
the Department of Hawaiian Home Lands as compensation for lost use
under this Act, designate lands to be sold. The Chairman is
authorized to sell such land under terms and conditions that are in
the best interest of the beneficiaries. The proceeds of such a sale
may only be used for the purposes described in section 207(a) of
the Hawaiian Homes Commission Act.
(d) Consultation.--In carrying out their respective
responsibilities under this section, the Secretary and the Chairman
shall--
(1) consult with the beneficiaries and organizations
representing the beneficiaries; and
(2) report to such organizations on a regular basis concerning
the progress made to meet the requirements of this section.
(e) Hold Harmless.--Notwithstanding any other provision of law, the
United States shall defend and hold harmless the Department of Hawaiian
Home Lands, the employees of the Department, and the beneficiaries with
respect to any claim arising from the ownership of any land or
structure that is conveyed to the Department pursuant to an exchange
made under this section prior to the conveyance to the Department of
such land or structure.
(f) Screening.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary of Defense and the Administrator of General Services
shall, at the same time as notice is provided to Federal agencies
that excess real property is being screened pursuant to applicable
Federal laws (including regulations) for possible transfer to such
agencies, notify the Chairman of any such screening of real
property that is located within the State of Hawaii.
(2) Response to notification.--Notwithstanding any other
provision of law, not later than 90 days after receiving a notice
under paragraph (1), the Chairman may select for appraisal real
property, or at the election of the Chairman, portions of real
property, that is the subject of a screening.
(3) Selection.--Notwithstanding any other provision of law,
with respect to any real property located in the State of Hawaii
that, as of the date of enactment of this Act, is being screened
pursuant to applicable Federal laws for possible transfer (as
described in paragraph (1)) or has been screened for such purpose,
but has not been transferred or declared to be surplus real
property, the Chairman may select all, or any portion of, such real
property to be appraised pursuant to paragraph (4).
(4) Appraisal.--Notwithstanding any other provision of law, the
Secretary of Defense or the Administrator of General Services shall
appriase the real property or portions of real property selected by
the Chairman using the Uniform Standards for Federal Land
Acquisition developed by the Interagency Land Acquisition
Conference, or such other standard as the Chairman agrees to.
(5) Request for conveyance.--Notwithstanding any other
provision of law, not later than 30 days after the date of
completion of such appraisal, the Chairman may request the
conveyance to the Department of Hawaiian Home Lands of--
(A) the appraised property; or
(B) a portion of the appraised property, to the Department
of Hawaiian Home Lands.
(6) Conveyance.--Notwithstanding any other provision of law,
upon receipt of a request from the Chairman, the Secretary of
Defense or the Administrator of the General Services Administration
shall convey, without reimbursement, the real property that is the
subject of the request to the Department of Hawaiian Home Lands as
compensation for lands identified under subsection (a)(1)(A) or
lost use identified under subsection (a)(1)(B).
(7) Real property not subject to recoupment.--Notwithstanding
any other provision of law, any real property conveyed pursuant to
paragraph (6) shall not be subject to recoupment based upon the
sale or lease of the land by the Chairman.
(8) Valuation.--Notwithstanding any other provision of law, the
Secretary shall reduce the value identified under subparagraph (A)
or (B) of subsection (a)(1), as determined pursuant to such
subsection, by an amount equal to the appraised value of any excess
lands conveyed pursuant to paragraph (6).
(9) Limitation.--No Federal lands that generate income (or
would be expected to generate income) for the Federal Government
may be conveyed pursuant to this subsection to the Department of
Hawaiian Home Lands.
SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES
COMMISSION ACT.
(a) Notice to the Secretary.--Not later than 120 days after a
proposed amendment to the Hawaiian Homes Commission Act is approved in
the manner provided in section 4 of the Hawaii State Admission Act, the
Chairman shall submit to the Secretary--
(1) a copy of the proposed amendment;
(2) the nature of the change proposed to be made by the
amendment; and
(3) an opinion regarding whether the proposed amendment
requires the approval of Congress under section 4 of the Hawaii
State Admission Act.
(b) Determination by Secretary.--Not later than 60 days after
receiving the materials required to be submitted by the Chairman
pursuant to subsection (a), the Secretary shall determine whether the
proposed amendment requires the approval of Congress under section 4 of
the Hawaii State Admission Act, and shall notify the Chairman and
Congress of the determination of the Secretary.
(c) Congressional Approval Required.--If, pursuant to subsection
(b), the Secretary determines that the proposed amendment requires the
approval of Congress, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives--
(1) a draft joint resolution approving the amendment;
(2) a description of the change made by the proposed amendment
and an explanation of how the amendment advances the interests of
the beneficiaries;
(3) a comparison of the existing law (as of the date of
submission of the proposed amendment) that is the subject of the
amendment with the proposed amendment;
(4) a recommendation concerning the advisability of approving
the proposed amendment; and
(5) any documentation concerning the amendments received from
the Chairman.
SEC. 205. LAND EXCHANGES.
(a) Notice to the Secretary.--If the Chairman recommends for
approval an exchange of Hawaiian Home Lands, the Chairman shall submit
a report to the Secretary on the proposed exchange. The report shall
contain--
(1) a description of the acreage and fair market value of the
lands involved in the exchange;
(2) surveys and appraisals prepared by the Department of
Hawaiian Home Lands, if any; and
(3) an identification of the benefits to the parties of the
proposed exchange.
(b) Approval or Disapproval.--
(1) In general.--Not later than 120 days after receiving the
information required to be submitted by the Chairman pursuant to
subsection (a), the Secretary shall approve or disapprove the
proposed exchange.
(2) Notification.--The Secretary shall notify the Chairman, the
Committee on Energy and Natural Resources of the Senate, and the
Committee on Resources of the House of Representatives of the
reasons for the approval or disapproval of the proposed exchange.
(c) Exchanges Initiated by Secretary.--
(1) In general.--The Secretary may recommend to the Chairman an
exchange of Hawaiian Home Lands for Federal lands described in
section 203(b)(5), other than lands described in subparagraphs (B)
and (C) of such section. If the Secretary initiates a
recommendation for such an exchange, the Secretary shall submit a
report to the Chairman on the proposed exchange that meets the
requirements of a report described in subsection (a).
(2) Approval by chairman.--Not later than 120 days after
receiving a recommendation for an exchange from the Secretary under
paragraph (1), the Chairman shall provide written notification to
the Secretary of the approval or disapproval of a proposed
exchange. If the Chairman approves the proposed exchange, upon
receipt of the written notification, the Secretary shall notify the
Committee on Energy and Natural Resources of the Senate, and the
Committee on Resources of the House of Representatives of the
approval of the Chairman of the proposed exchange.
(3) Exchange.--Upon providing notification pursuant to
paragraph (2) of a proposed exchange that has been approved by the
Chairman pursuant to this section, the Secretary may carry out the
exchange.
(d) Selection and Exchange.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary may--
(A) select real property that is the subject of screening
activities conducted by the Secretary of Defense or the
Administrator of General Services pursuant to applicable
Federal laws (including regulations) for possible transfer to
Federal agencies; and
(B) make recommendations to the Chairman concerning making
an exchange under subsection (c) that includes such real
property.
(2) Transfer.--Notwithstanding any other provision of law, if
the Chairman approves an exchange proposed by the Secretary under
paragraph (1)--
(A) the Secretary of Defense or the Administrator of
General Services shall transfer the real property described in
paragraph (1)(A) that is the subject of the exchange to the
Secretary without reimbursement; and
(B) the Secretary shall carry out the exchange.
(3) Limitation.--No Federal lands that generate income (or
would be expected to generate income) for the Federal Government
may be conveyed pursuant to this subsection to the Department of
Hawaiian Home Lands.
(e) Surveys and Appraisals.--
(1) Requirement.--The Secretary shall conduct a survey of all
Hawaiian Home Lands based on the report entitled ``Survey Needs for
the Hawaiian Home Lands'', issued by the Bureau of Land Management
of the Department of the Interior, and dated July 1991.
(2) Other surveys.--The Secretary is authorized to conduct such
other surveys and appraisals as may be necessary to make an
informed decision regarding approval or disapproval of a proposed
exchange.
SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.
(a) Designation.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall designate an individual
from within the Department of the Interior to administer the
responsibilities of the United States under this title and the
Hawaiian Homes Commission Act.
(2) Default.--If the Secretary fails to make an appointment by
the date specified in paragraph (1), or if the position is vacant
at any time thereafter, the Assistant Secretary for Policy, Budget,
and Administration of the Department of the Interior shall exercise
the responsibilities for the Department in accordance with
subsection (b).
(b) Responsibilities.--The individual designated pursuant to
subsection (a) shall, in administering the laws referred to in such
subsection--
(1) advance the interests of the beneficiaries; and
(2) assist the beneficiaries and the Department of Hawaiian
Home Lands in obtaining assistance from programs of the Department
of the Interior and other Federal agencies that will promote
homesteading opportunities, economic self-sufficiency, and social
well-being of the beneficiaries.
SEC. 207. ADJUSTMENT.
The Act of July 1, 1932 (47 Stat. 564, chapter 369; 25 U.S.C. 386a)
is amended by striking the period at the end and adding the following:
``: Provided further, That the Secretary shall adjust or eliminate
charges, defer collection of construction costs, and make no assessment
on behalf of such charges for beneficiaries that hold leases on
Hawaiian home lands, to the same extent as is permitted for individual
Indians or tribes of Indians under this section.''.
SEC. 208. REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Chairman shall report to the Secretary
concerning any claims that--
(1) involve the transfer of lands designated as available lands
under section 203 of the Hawaiian Homes Commission Act (as in
effect on the date of enactment of such Act); and
(2) are not otherwise covered under this title.
(b) Review.--Not later than 180 days after receiving the report
submitted under subsection (a), the Secretary shall make a
determination with respect to each claim referred to in subsection (a),
whether, on the basis of legal and equitable considerations,
compensation should be granted to the Department of Hawaiian Home
Lands.
(c) Compensation.--If the Secretary makes a determination under
subsection (b) that compensation should be granted to the Department of
Hawaiian Home Lands, the Secretary shall determine the value of the
lands and lost use in accordance with the process established under
section 203(a), and increase the determination of value made under
subparagraphs (A) and (B) of section 203(a)(1) by the value determined
under this subsection.
SEC. 209. AUTHORIZATION.
There are authorized to be appropriated such sums as may be
necessary for compensation to the Department of Hawaiian Home Lands for
the value of the lost use of lands determined under section 203.
Compensation received by the Department of Hawaiian Home Lands from
funds made available pursuant to this section may only be used for the
purposes described in section 207(a) of the Hawaiian Homes Commission
Act. To the extent
that amounts are made available by appropriations pursuant to this
section for compensation paid to the Department of Hawaiian Home Lands
for lost use, the Secretary shall reduce the determination of value
established under section 203(a)(1)(B) by such amount.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.