[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2462 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                      October 24 (legislative day, September 22), 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
2462) entitled ``An Act to amend the Organic Act of Guam, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. 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 screened for further 
Federal use and then, if there is no other Federal use, 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 may be only for a public purpose and 
shall be without further consideration.
    (2) 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 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) the property is 
used only for a public purpose and can not be converted to any other 
use; and (E) to the extent that facilities on the property have been 
occupied and used by another Federal agency for a minimum of 2 years, 
that the transfer to the Government of Guam is subject to the terms and 
conditions for such use and occupancy.
    (3) All transfers of excess real property to the Government of Guam 
are subject to all otherwise applicable Federal laws, except section 
2696 of title 10, United States Code, or section 501 of Public Law 100-
77 (42 U.S.C. 11411).
    (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 
        the specific public benefit uses set forth in section 3(c) of 
        the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116), 
        except that such definition shall not include the transfer of 
        land to an individual or entity for private use other than on a 
        nondiscriminatory basis.
    (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 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 
                subparagraph (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 
                subparagraph (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 subject 
                to any terms and conditions applicable to such 
                property. In the event of such a transfer by a military 
                department to the General Services Administration, the 
                Department of the Interior shall be responsible for all 
                reasonable costs associated with the custody, 
                accountability and control of such property until final 
                disposition.
                    (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;
            (3) to real property described in the Guam Excess Lands Act 
        (Public Law 103-339; 108 Stat. 3116) which shall be disposed of 
        in accordance with such Act;
            (4) to real property on Guam that is declared excess as a 
        result of a base closure law; or
            (5) to facilities on Guam declared excess by the managing 
        Federal agency for the purpose of transferring the facility to 
        a Federal agency that has occupied the facility for a minimum 
        of two years when the facility is declared excess together with 
        the minimum land or interest therein necessary to support the 
        facility.
    (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 the Interior, may issue such regulations as he deems 
necessary to carry out this section.

SEC. 2. COMPACT IMPACT REPORTS.

    Section 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 decennial 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. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS OF FREE 
              ASSOCIATION.

    (a) The freely associated states of the Republic of the Marshall 
Islands, the Federated States of Micronesia, and the Republic of Palau, 
respectively, and citizens thereof, shall remain eligible for all 
Federal programs, grant assistance, and services of the United States, 
to the extent that such programs, grant assistance, and services are 
provided to States and local governments of the United States and 
residents of such States, for which a freely associated State or its 
citizens were eligible on October 1, 1999. This eligibility shall 
continue through the period of negotiations referred to in section 231 
of the Compact of Free Association with the Republic of the Marshall 
Islands and the Federated States of Micronesia, approved in Public Law 
99-239, and during consideration by the Congress of legislation 
submitted by an Executive branch agency as a result of such 
negotiations.
    (b) 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 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.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 2462

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                               AMENDMENT