[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 402 Reported in Senate (RS)]
Calendar No. 154
104th CONGRESS
1st Session
H. R. 402
[Report No. 104-119]
_______________________________________________________________________
AN ACT
To amend the Alaska Native Claims Settlement Act, and for other
purposes.
_______________________________________________________________________
July 24 (legislative day, July 10), 1995
Reported with an amendment
Calendar No. 154
104th CONGRESS
1st Session
H. R. 402
[Report No. 104-119]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 1995
Received; read twice and referred to the Committee on Energy and
Natural Resources
July 24 (legislative day, July 10), 1995
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK
NATIVE ASSOCIATIONS CONVEYANCES.</DELETED>
<DELETED> 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 </DELETED>
<DELETED>of the agreement of February 3, 1976, and subsequent letter
agreement of March 26, 1982, among the three parties are hereby adopted
and ratified as a matter of Federal law. These 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 the
receipt of any additional lands under the Alaska Native Claims
Settlement Act. The ratification of these conveyances shall not have
any other effect upon 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 the basis for any claim to land or money by
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.</DELETED>
<DELETED>SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL
CORPORATION.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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 the enactment of this
paragraph, the Secretary, acting through the Bureau of Land Management
and in a manner consistent with section 14(g) of this Act, 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 which would have been made with the Bureau of Land
Management if the lands were within Federal ownership shall be timely
made to the appropriate regional corporation. The validity of any such
mining claim or claims may be contested by the regional corporation, in
the 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 or claims
so conveyed.''.</DELETED>
<DELETED>SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE
CONTAMINATION OF TRANSFERRED LANDS.</DELETED>
<DELETED> The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) is amended by adding at the end the following:</DELETED>
<DELETED>``claims arising from contamination of transferred
lands</DELETED>
<DELETED> ``Sec. 40. (a) As used in this section:</DELETED>
<DELETED> ``(1) The term `contaminant' means hazardous
substances harmful to public health or the environment,
including asbestos.</DELETED>
<DELETED> ``(2) The term `lands' means real property
transferred to an Alaska Native Corporation pursuant to this
Act.</DELETED>
<DELETED> ``(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
hazardous substances on lands conveyed or prioritized for conveyance to
such corporations pursuant to this Act. Such report shall consist of--
</DELETED>
<DELETED> ``(1) existing information concerning the nature
and types of contaminants present on such lands prior to
conveyance to Alaska Native corporations;</DELETED>
<DELETED> ``(2) existing information identifying the
existence and availability of potentially responsible parties
for the removal or amelioration of the effects of such
contaminants;</DELETED>
<DELETED> ``(3) identification of existing remedies;
and</DELETED>
<DELETED> ``(4) recommendations for any additional
legislation that the Secretary concludes is necessary to remedy
the problem of contaminants on such lands.''.</DELETED>
<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF
IMPLEMENTING REQUIRED RECONVEYANCES.</DELETED>
<DELETED> Section 14(c) of 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.''.</DELETED>
<DELETED>SEC. 5. NATIVE ALLOTMENTS.</DELETED>
<DELETED> Section 1431(o) of the Alaska National Interest Lands
Conservation Act (94 Stat. 2542) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(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 the Kuupik
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.''.</DELETED>
<DELETED>SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE
ALASKAN VETERANS FOR ALLOTMENTS.</DELETED>
<DELETED> (a) In General.--No later than six 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:</DELETED>
<DELETED> (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
such Act was in effect before December 18, 1971;</DELETED>
<DELETED> (2) an assessment of the potential impacts of
additional allotments on conservation system units as such term
is defined in section 102(4) of the Alaska National Interest
Lands Conservation Act (94 Stat. 2375); and</DELETED>
<DELETED> (3) recommendations for any additional legislation
that the Secretary concludes is necessary.</DELETED>
<DELETED> (b) Requirement.--The Secretary of Veterans Affairs shall
release to the Secretary of the Interior information relevant to the
report required under subsection (a).</DELETED>
<DELETED>SEC. 7. TRANSFER OF WRANGELL INSTITUTE.</DELETED>
<DELETED> (a) Property Transfer.--Cook Inlet Region, Incorporated,
is authorized to transfer to the United States and the General Services
Administration shall accept an approximately 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon.</DELETED>
<DELETED> (b) Restoration of Property Credits.--</DELETED>
<DELETED> (1) In general.--In exchange for the land and
structures transferred under subsection (a), property bidding
credits in the total amount of $382,305, 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), referred to
in such section as the ``Cook Inlet Region, Incorporated,
property account''. Such property bidding credits shall be used
in the same fiscal year as received by Cook Inlet Region,
Incorporated.</DELETED>
<DELETED> (2) Hold harmless.--The United States shall defend
and hold harmless Cook Inlet Region, Incorporated, and its
subsidiaries in any and all claims arising from Federal or Cook
Inlet Region, Incorporated, ownership of the land and
structures prior to their return to the United
States.</DELETED>
<DELETED>SEC. 8. SHISHMAREF AIRPORT AMENDMENT.</DELETED>
<DELETED> 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 Secretary is authorized to reacquire the interests
originally conveyed pursuant to Patent No. 1240529, and,
notwithstanding any other provision of law, the Secretary 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 clean up 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 or from the United
States.</DELETED>
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 decision 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 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. CONFIRMATION OF WOODY ISLAND AS ELIGIBLE NATIVE VILLAGE.
The Native village of Woody Island, located on Woody Island,
Alaska, in the Koniag Region, is hereby confirmed as an eligible Alaska
Native Village, pursuant to Section 11(b)(3) of the Alaska Native
Claims Settlement Act (``ANCSA''). It is further confirmed that
Leisnoi, Inc., is the Village Corporation, as that term is defined in
Section 3(j) of ANCSA, for the village of Woody Island.
TITLE II--HAWAIIAN HOME LANDS
SEC. 201. SHORT TITLE
This title may 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 Home 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.
Passed the House of Representatives March 14, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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