[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                 S. 210

_______________________________________________________________________

                                 AN ACT


 
To amend the Organic Act of Guam, the Revised Organic Act of the Virgin 
    Islands, and the Compact of Free Association Act, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND FOOD PROGRAMS.

    Section 103(h)(2) of the Compact of Free Association Act of 1985 
(48 U.S.C. 1903(h)(2) is amended by striking ``ten'' and inserting 
``fifteen'' and by adding at the end of subparagraph (B) the following: 
``The President shall ensure that the amount of commodities provided 
under these programs reflects the changes in the population that have 
occurred since the effective date of the Compact.''.

SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.

    Section 8 of the Organic Act of Guam (48 U.S.C. 1422b), as amended, 
is further amended by adding at the end thereof the following new 
subsection:
    ``(e) An absence from Guam of the Governor or the Lieutenant 
Governor, while on official business, shall not be a `temporary 
absence' for the purposes of this section.''.

SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

    (a) Land Grant Status.--Section 506(a) of the Education Amendments 
of 1972 (Public Law 92-318, as amended; 7 U.S.C. 301 note) is amended 
by striking ``the College of Micronesia,'' and inserting ``the College 
of the Marshall Islands, the College of Micronesia-FSM, the Palau 
Community College,''.
    (b) Endowment.--The amount of the land grant trust fund 
attributable to the $3,000,000 appropriation for Micronesia authorized 
by the Education Amendments of 1972 (Public Law 92-318, as amended; 7 
U.S.C. 301 note) shall, upon enactment of this Act, be divided equally 
among the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau for the benefit of the College of 
the Marshall Islands, the College of Micronesia-FSM, and the Palau 
Community College.
    (c) Treatment.--Section 1361(c) of the Education Amendments of 1980 
(Public Law 96-374, as amended; 7 U.S.C. 301 note) is amended by 
striking ``and the Trust Territory of the Pacific Islands (other than 
the Northern Mariana Islands)'' and inserting ``the Republic of the 
Marshall Islands, the Federated States of Micronesia, and the Republic 
of Palau''. The proportion of any allocation of funds to the Trust 
Territory of the Pacific islands under any Act in accordance with 
section 1361(c) of Public Law 96-374 prior to the enactment of this Act 
shall hereafter remain the same with the amount of such funds divided 
as may be agreed among the Federated States of Micronesia, the Republic 
of the Marshall Islands, and the Republic of Palau.

SEC. 4. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL 
              PROPERTY IN GUAM.

    (a) Transfer of Excess Real Property.--(1) Except as provided in 
subsection (d), before screening excess real property located on Guam 
for further Federal utilization under section 202 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471, et 
seq.) (hereinafter the ``Property Act''), the Administrator shall 
notify the Government of Guam that the property is available for 
transfer pursuant to this section.
    (2) If the Government of Guam, within 180 days after receiving 
notification under paragraph (1), notifies the Administrator that the 
Government of Guam intends to acquire the property under this section, 
the Administrator shall transfer such property in accordance with 
subsection (b). Otherwise, the property shall be disposed of in 
accordance with the Property Act.
    (b) Conditions of Transfer.--(1) Any transfer of excess real 
property to the Government of Guam for other than a public purpose 
shall be for consideration equal to the fair market value.
    (2) Any transfer of excess real property to the Government of Guam 
for a public purpose shall be without further consideration.
    (3) All transfers of excess real property to the Government of Guam 
shall be subject to such restrictive covenants as the Administrator, in 
consultation with the Secretary of Defense, in the case of property 
reported excess by a military department, determines in their sole 
discretion to be necessary to ensure that (A) the use of the property 
is compatible with continued military activities on Guam, (B) the use 
of the property is consistent with the environmental condition of the 
property; (C) access is available to the United States to conduct any 
additional environmental remediation or monitoring that may be 
required; (D) to the extent the property was transferred for a public 
purpose, that the property is so utilized; and (E) to the extent the 
property has been leased by another Federal agency for a minimum of two 
(2) years under a lease entered into prior to May 1, 1997, that the 
transfer to the Government of Guam be subject to the terms and 
conditions of those leasehold interests.
    (4) All transfers of excess real property to the Government of Guam 
are subject to all otherwise applicable Federal laws.
    (c) Definitions.--For the purposes of this section:
            (1) The term ``Administrator'' means--
                    (A) the Administrator of General Services; or
                    (B) the head of any Federal agency with the 
                authority to dispose of excess real property on Guam.
            (2) The term ``base closure law'' means the Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        of 1988 (Public Law 100-526), the Defense Base Closure and 
        Realignment Act of 1990 (Public Law 101-510), or similar base 
        closure authority.
            (3) The term ``excess real property'' means excess property 
        (as that term is defined in section 3 of the Property Act) that 
        is real property and was acquired by the United States prior to 
        enactment of this section.
            (4) The term ``Guam National Wildlife Refuge'' includes 
        those lands within the refuge overlay under the jurisdiction of 
        the Department of Defense, identified as DoD lands in figure 3, 
        on page 74, and as submerged lands in figure 7, on page 78 of 
        the ``Final Environmental Assessment for the Proposed Guam 
        National Wildlife Refuge, Territory of Guam, July 1993'' to the 
        extent that the federal government holds title to such lands.
            (5) The term ``public purpose'' means those public benefit 
        purposes for which the United States may dispose of property 
        pursuant to section 203 of the Property Act, as implemented by 
        the Federal Property Management Regulations (41 CFR 101-47) or 
        other public benefit uses provided under the Guam Excess Lands 
        Act (Public Law 103-339. 108 Stat. 3116).
    (d) Exemptions.--Notwithstanding that such property may be excess 
real property, the provisions of this section shall not apply--
            (1) to real property on Guam that is declared excess by the 
        Department of Defense for the purpose of transferring that 
        property to the Coast Guard;
            (2) to real property on Guam that is declared excess by the 
        managing Federal agency for the purpose of transferring that 
        property to the Federal Agency which has occupied the property 
        for a minimum of two (2) years at the time the property is 
        declared excess and which was occupying such property prior to 
        May 1, 1997;
            (3) to real property on Guam that is located within the 
        Guam National Wildlife Refuge, which shall be transferred 
        according to the following procedure:
                    (A) The Administrator shall notify the Government 
                of Guam and the Fish and Wildlife Service that such 
                property has been declared excess. The Government of 
                Guam and the Fish and Wildlife Service shall have 180 
                days to engage in discussions toward an agreement 
                providing for the future ownership and management of 
                such real property.
                    (B) If the parties reach an agreement under 
                paragraph (A) within 180 days after notification of the 
                declaration of excess, the real property shall be 
                transferred and managed in accordance with such 
                agreement: Provided, That such agreement shall be 
                transmitted to the Committee on Energy and Natural 
                Resources of the United States Senate and the 
                appropriate committees of the United States House of 
                Representatives not less than 60 days prior to such 
                transfer and any such transfer shall be subject to the 
                other provisions of this section.
                    (C) If the parties do not reach an agreement under 
                paragraph (A) within 180 days after notification of the 
                declaration of excess, the Administrator shall provide 
                a report to Congress on the status of the discussions, 
                together with his recommendations on the likelihood of 
                resolution of differences and the comments of the Fish 
                and Wildlife Service and the Government of Guam. If the 
                subject property is under the jurisdiction of a 
                military department, the military department may 
                transfer administrative control over the property to 
                the General Services Administration.
                    (D) If the parties come to agreement prior to 
                congressional action, the real property shall be 
                transferred and managed in accordance with such 
                agreement: Provided, That such agreement shall be 
                transmitted to the Committee on Energy and Natural 
                Resources of the United States Senate and the 
                appropriate committees of the United States House of 
                Representatives not less than 60 days prior to such 
                transfer and any such transfer shall be subject to the 
                other provisions of this section.
                    (E) Absent an agreement on the future ownership and 
                use of the property, such property may not be 
                transferred to another federal agency or out of federal 
                ownership except pursuant to an Act of Congress 
                specifically identifying such property;
            (4) to real property described in the Guam Excess Lands Act 
        (P.L. 103-339, 108 Stat. 3116) which shall be disposed of in 
        accordance with such Act; or
            (5) to real property on Guam that is declared excess as a 
        result of a base closure law, except that with respect to 
        property identified for disposal prior to the date of enactment 
        of this section, such lands shall be subject to subsection (b) 
        of this section.
    (e) Dual Classification Property.--If a parcel of real property on 
Guam that is declared excess as a result of a base closure law also 
falls within the boundary of the Guam National Wildlife Refuge, such 
parcel of property shall be disposed of in accordance with the base 
closure law.
    (f) Authority To Issue Regulations.--The Administrator of General 
Services, after consultation with the Secretary of Defense and the 
Secretary of Interior, may issue such regulations as he deems necessary 
to carry out this section.

SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

    Section 901(a)(2) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3791(a)(2)) is amended to read as follows:
            ``(2) `State' means any State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, American Samoa, Guam, and the Commonwealth of 
        the Northern Mariana Islands;''.

SEC. 6. AMENDMENTS TO THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS.

    (a) Temporary Absence of Officials.--Section 14 of the Revised 
Organic Act of the Virgin Islands (48 U.S.C. 1595) is amended by adding 
at the end the following new subsection:
    ``(g) An absence from the Virgin Islands of the Governor or the 
Lieutenant Governor, while on official business, shall not be a 
`temporary absence' for purposes of this section.''.
    (b) Priority of Bonds.--Section 3 of Public Law 94-392 (90 Stat. 
1193, 1195) is amended--
            (1) by striking ``priority for payment'' and inserting ``a 
        parity lien with every other issue of bonds or other 
        obligations issued for payment''; and
            (2) by striking ``in the order of the date of issue''.
    (c) Application.--The amendments made by subsection (b) shall apply 
to obligations issued on or after the date of enactment of this 
section.
    (d) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat. 
1193) is amended by adding the following new subsection at the end 
thereof:
    ``(d) The legislature of the government of the Virgin Islands may 
cause to be issued notes in anticipation of the collection of the taxes 
and revenues for the current fiscal year. Such notes shall mature and 
be paid within one year from the date they are issued. No extension of 
such notes shall be valid and no additional notes shall be issued under 
this section until all notes issued during a preceding year shall have 
been paid.''.

SEC. 7. COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN ISLANDS.

    (a) Establishment and Membership.--
            (1) There is hereby established a Commission on the 
        Economic Future of the Virgin Islands (the ``Commission''). The 
        Commission shall consist of six members appointed by the 
        President, two of whom shall be selected from nominations made 
        by the Governor of the Virgin Islands. The President shall 
        designate one of the members of the Commission to be Chairman.
            (2) In addition to the six members appointed under 
        paragraph (1), the Secretary of the Interior shall be an ex-
        officio member of the Commission.
            (3) Members of the Commission appointed by the President 
        shall be persons who by virtue of their background and 
        experience are particularly suited to contribute to achievement 
        of the purposes of the Commission.
            (4) Members of the Commission shall serve without 
        compensation, but shall be reimbursed for travel, subsistence 
        and other necessary expenses incurred by them in the 
        performance of their duties.
            (5) Any vacancy in the Commission shall be filled in the 
        same manner as the original appointment was made.
    (b) Purpose and Report.--
            (1) The purpose of the Commission is to make 
        recommendations to the President and Congress on the policies 
        and actions necessary to provide for a secure and self-
        sustaining future for the local economy of the Virgin Islands 
        through 2020 and on the role of the Federal Government. In 
        developing recommendations, the Commission shall--
                    (A) solicit and analyze information on projected 
                private sector development and shifting tourism trends 
                based on alternative forecasts of economic, political 
                and social conditions in the Caribbean;
                    (B) analyze capital infrastructure, education, 
                social, health, and environmental needs in light of 
                these alternative forecasts; and
                    (C) assemble relevant demographic, economic, and 
                revenue and expenditure data from over the past twenty-
                five years.
            (2) The recommendation of the Commission shall be 
        transmitted in a report to the President, the Committee on 
        Energy and Natural Resources of the United States Senate and 
        the Committee on Resources of the United States House of 
        Representatives no later than June 30, 1999. The report shall 
        set forth the basis for the recommendations and include an 
        analysis of the capability of the Virgin Islands to meet 
        projected needs based on reasonable alternative economic, 
        political and social conditions in the Caribbean, including the 
        possible effect of expansion in the near future of Cuba in 
        trade, tourism and development.
    (c) Powers.--
            (1) The Commission may--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony and receive such 
                evidence as it may deem advisable;
                    (B) use the United States mail in the same manner 
                and upon the same conditions as departments and 
                agencies of the United States; and
                    (C) within available funds, incur such expenses and 
                enter into contracts or agreements for studies and 
                surveys with public and private organizations and 
                transfer funds to Federal agencies to carry out the 
                Commission's functions.
            (2) Within funds available for the Commission, the 
        Secretary of the Interior shall provide such office space, 
        furnishings, equipment, staff, and fiscal and administrative 
        services as the Commission may require.
            (3) The President, upon request of the Commission, may 
        direct the head of any Federal agency or department to assist 
        the Commission and if so directed such head shall--
                    (A) furnish the Commission to the extent permitted 
                by law and within available appropriations such 
                information as may be necessary for carrying out the 
                functions of the Commission and as may be available to 
                or procurable by such department or agency; and
                    (B) detail to temporary duty with the Commission on 
                a reimbursable basis such personnel within his 
                administrative jurisdiction as the Commission may need 
                or believe to be useful for carrying out its functions, 
                each such detail to be without loss of seniority, pay 
                or other employee status.
    (d) Chairman.--Subject to general policies that the Commission may 
adopt, the Chairman of the Commission shall be the chief executive 
officer of the Commission and shall exercise its executive and 
administrative powers. The Chairman may make such provisions as he may 
deem appropriate authorizing the performance of his executive and 
administrative functions by the staff of the Commission.
    (e) Funding.--There is hereby authorized to be appropriated to the 
Secretary of the Interior such sums as may be necessary, but not to 
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and 
1999 for the work of the Commission.
    (f) Termination.--The Commission shall terminate three months after 
the transmission of the report and recommendations under subsection 
(b)(2).

SEC. 8. COMPACT IMPACT REPORTS.

    Paragraph 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is 
amended by deleting ``President shall report to the Congress with 
respect to the impact of the Compact on the United States territories 
and commonwealths and on the State of Hawaii.'' and inserting in lieu 
thereof, ``Governor of any of the United States territories or 
commonwealths or the State of Hawaii may report to the Secretary of the 
Interior by February 1 of each year with respect to the impacts of the 
compacts of free association on the Governor's respective jurisdiction. 
The Secretary of the Interior shall review and forward any such reports 
to the Congress with the comments of the Administration. The Secretary 
of the Interior shall, either directly or, subject to available 
technical assistance funds, through a grant to the affected 
jurisdiction, provide for a census of Micronesians at intervals no 
greater than five years from each decenial United States census using 
generally acceptable statistical methodologies for each of the impact 
jurisdictions where the Governor requests such assistance, except that 
the total expenditures to carry out this sentence may not exceed 
$300,000 in any year.''.

SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.

    (a) Section 214(a) of the Housing Community Development Act of 1980 
(42 U.S.C. 1436a(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) an alien who is lawfully resident in the United 
        States and its territories and possessions under section 141 of 
        the Compacts of Free Association between the Government of the 
        United States and the Governments of the Marshall Islands, the 
        Federated States of Micronesia (48 U.S.C. 1901 note) and Palau 
        (48 U.S.C. 1931 note) while the applicable section is in 
        effect: Provided, That, within Guam and the Commonwealth of the 
        Northern Mariana Islands any such alien shall not be entitled 
        to a preference in receiving assistance under this Act over any 
        United States citizen or national resident therein who is 
        otherwise eligible for such assistance.''.

SEC. 10. AMERICAN SAMOA STUDY COMMISSION.

    (a) Short Title.--This section may be cited as ``The American Samoa 
Development Act of 1997''.
    (b) Establishment and Membership.--
            (1) There is hereby established a Commission on the 
        Economic Future of American Samoa (the ``Commission''). The 
        Commission shall consist of six members appointed by the 
        President, three of whom shall be selected from nominations 
        made by the Governor of American Samoa, and the Secretary of 
        the Interior ex officio. The President shall designate one of 
        the appointed members of the Commission to be Chairman.
            (2) Members of the Commission appointed by the President 
        shall be persons who by virtue of their background and 
        experience are particularly suited to contribute to achievement 
        of the purposes of the Commission.
            (3) Members of the Commission shall serve without 
        compensation, but shall be reimbursed for travel, subsistence 
        and other necessary expenses incurred by them in the 
        performance of their duties.
            (4) Any vacancy in the Commission shall be filled in the 
        same manner as the original appointment was made.
    (c) Purpose and Report.--
            (1) The purpose of the Commission is to make 
        recommendations to the President and Congress on the policies 
        and actions necessary to provide for a secure and self-
        sustaining future for the local economy of American Samoa 
        through 2020 and on the role of the Federal Government. In 
        developing recommendations, the Commission shall--
                    (A) solicit and analyze information on projected 
                private sector development, including, but not limited 
                to, tourism, manufacturing and industry, agriculture, 
                and transportation and shifting trends based on 
                alternative forecasts of economic, political and social 
                conditions in the Pacific;
                    (B) analyze capital infrastructure, education, 
                social, health, and environmental needs in light of 
                these alternative forecasts;
                    (C) assemble relevant demographic, economic, and 
                revenue and expenditure data from over the past twenty-
                five years;
                    (D) review the application of federal laws and 
                programs and the effects of such laws and programs on 
                the local economy and make such recommendations for 
                changes in the application as the Commission deems 
                advisable;
                    (E) consider the impact of federal trade and other 
                international agreements, including, but not limited to 
                those related to marine resources, on American Samoa 
                and make such recommendations as may be necessary to 
                minimize or eliminate any adverse effects on the local 
                economy.
            (2) the recommendations of the Commission shall be 
        transmitted in a report to the President, the Committee on 
        Energy and Natural Resources of the United States Senate and 
        the Committee on Resources of the United States House of 
        Representatives no later than June 30, 1999. The report shall 
        set forth the basis for the recommendations and include an 
        analysis of the capability of American Samoa to meet projected 
        needs based on reasonable alternative economic, political and 
        social conditions in the Pacific Basin. The report shall also 
        include projections of the need for direct or indirect Federal 
        assistance for operations and infrastructure over the next 
        decade and what additional assistance will be necessary to 
        develop the local economy to a level sufficient to minimize or 
        eliminate the need for direct Federal operational assistance. 
        As part of the report, the Commission shall also include an 
        overview of the history of American Samoa and its relationship 
        to the United States from 1872 with emphasis on those events or 
        actions that affect future economic development and shall 
        include, as an appendix to its report, copies of the relevant 
        historical documents, including, but not limited to, the 
        Convention of 1899 (commonly referred to as the Tripartite 
        Treaty) and the documents of cession of 1900 and 1904.
    (d) Powers.--
            (1) The Commission may--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony and receive such 
                evidence as it may deem advisable: Provided, That the 
                Commission shall conduct public meetings in Tutuila, 
                Ofu, Olosega, and Tau;
                    (B) use the United States mail in the same manner 
                and upon the same conditions as departments and 
                agencies of the United States; and
                    (C) within available funds, incur such expenses and 
                enter into contracts or agreements for studies and 
                surveys with public and private organizations and 
                transfer funds to Federal agencies to carry out the 
                Commission's functions.
            (2) Within funds available for the Commission, the 
        Secretary of the Interior shall provide such office space, 
        furnishings, equipment, staff, and fiscal and administrative 
        services as the Commission may require.
            (3) The President, upon request of the Commission, may 
        direct the head of any Federal agency or department to assist 
        the Commission and if so directed such head shall--
                    (A) furnish the Commission to the extent permitted 
                by law and within available appropriations such 
                information as may be necessary for carrying out the 
                functions of the Commission and as may be available to 
                or procurable by such department or agency; and
                    (B) detail to temporary duty with the Commission on 
                a reimbursable basis such personnel within his 
                administrative jurisdiction as the Commission may need 
                or believe to be useful for carrying out its functions, 
                each such detail to be without loss of seniority, pay 
                or other employee status.
    (e) Chairman.--Subject to general policies that the Commission may 
adopt, the Chairman of the Commission shall be the chief executive 
officer of the Commission and shall exercise its executive and 
administrative powers. The Chairman may make such provisions as he may 
deem appropriate authorizing the performance of his executive and 
administrative functions by the staff of the Commission.
    (f) Funding.--There are hereby authorized to be appropriated to the 
Secretary of the Interior such sums as may be necessary, but not to 
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and 
1999 for the work of the Commission.
    (g) Termination.--The Commission shall terminate three months after 
the transmission of the report and recommendations under subsection 
(c)(2).

SEC. 11. FEDERAL PROGRAMS COORDINATION IN THE FREELY ASSOCIATED STATES 
              AND PROVISIONS FOR BIKINI.

    (a) Section 108 of Public Law 101-219 (103 Stat. 1870, 1872) is 
amended by deleting ``shall station'' and inserting in lieu thereof 
``shall, subject to appropriations, station''.
    (b) Section 501 of Public Law 95-134 is amended by deleting ``the 
Trust Territory of the Pacific Islands,'' and inserting in lieu thereof 
``the Republic of the Marshall Islands, the Federated States of 
Micronesia, the Republic of Palau,''.
    (c) Under the heading ``COMPACT OF FREE ASSOCIATION'' in TITLE I--
DEPARTMENT OF THE INTERIOR of Public Law 100-446 (102 Stat. 1774, 1798) 
delete ``$2,000,000 in any year from income for projects on Kili or 
Ejit:'' and insert in lieu thereof ``$2,500,000 in any year from income 
for projects on Kili or Ejit: Provided further, That commencing on 
October 1, 1998 and every year thereafter, this dollar amount shall be 
changed to reflect any fluctuation occurring during the previous twelve 
months in the Consumer Price Index, as determined by the Secretary of 
Labor:''.

            Passed the Senate June 12, 1997.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                                 S. 210

_______________________________________________________________________

                                 AN ACT

To amend the Organic Act of Guam, the Revised Organic Act of the Virgin 
    Islands, and the Compact of Free Association Act, and for other 
                               purposes.

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