[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2462 Engrossed in House (EH)]


  2d Session

                               H. R. 2462

_______________________________________________________________________

                                 AN ACT

       To amend the Organic Act of Guam, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 2462

_______________________________________________________________________

                                 AN ACT


 
       To amend the Organic Act of Guam, 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. SHORT TITLE.

    This Act may be cited as the ``Guam Omnibus Opportunities Act''.

SEC. 2. GUAM LAND RETURN ACT.

    (a) Short Title.--This section may be cited as the ``Guam Land 
Return Act''.
    (b) Transfer of Excess Real Property.--
            (1) Notice of availability.--Except as provided in 
        subsection (e), before screening excess real property located 
        on Guam for further Federal used under section 202 of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 471 et seq.), the Administrator shall notify the 
        Government of Guam that the property is available for transfer 
        to the Government of Guam pursuant to this section.
            (2) Opportunity for acquisition by guam.--If the Government 
        of Guam, within 180 days after receiving notification under 
        paragraph (1) with regard to certain real property, notifies 
        the Administrator that the Government of Guam intends to 
        acquire the property under this section, the Administrator 
        shall transfer such property to the Government of Guam in 
        accordance with subsections (c) and (d). Otherwise, the 
        Administrator shall dispose of the property in accordance with 
        the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 471 et seq.).
    (c) Compensation.--A transfer of excess real property under 
subsection (b) to the Government of Guam for a public purpose shall be 
made without reimbursement or other compensation from the Government of 
Guam.
    (d) Conditions.--
            (1) Restrictive covenants.--All transfers of excess real 
        property under subsection (b) to the Government of Guam shall 
        be subject to such restrictive covenants as the Administrator 
        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) to the extent the property was transferred for 
                a public purpose, the property is so used; and
                    (E) to the extent the property has been used by 
                another Federal agency for a minimum of 2 years, the 
                transfer to the Government of Guam is subject to the 
                terms and conditions of those permit interests until 
                the expiration of those permits.
            (2) Consultation.--In the case of real property reported 
        excess by a military department and in all cases with respect 
        to paragraph (1)(A), the Administrator shall consult with the 
        Secretary of Defense regarding the restrictive covenants to be 
        imposed on a transfer of the property.
            (3) Other laws.--All transfers of excess real property 
        under subsection (b) to the Government of Guam are subject to 
        all otherwise applicable Federal laws, except section 2696 of 
        title 10, United States Code. Any property that the Government 
        of Guam has the opportunity to acquire under subsection (b) 
        shall not be subject to section 501 of the Stewart B. McKinney 
        Homeless Assistance Act (42 U.S.C. 11411).
    (e) Exemptions.--Notwithstanding that real property located on Guam 
and described in this subsection may be excess real property, this 
section shall not apply--
            (1) to real property on Guam that is located within the 
        Guam National Wildlife Refuge, which shall be transferred in 
        accordance with subsection (f);
            (2) 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; or
            (3) to real property on Guam that is declared excess as a 
        result of a base closure law.
    (f) Treatment of Guam National Wildlife Refuge Lands.--
            (1) Notification of availability; negotiations.--The 
        Administrator shall notify the Government of Guam and the Fish 
        and Wildlife Service that real property within the Guam 
        National Wildlife Refuge 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 the real property.
            (2) Transfer and management under agreement.--If the 
        parties reach an agreement under paragraph (1) within the 180-
        day period and the agreement is submitted to the Committee on 
        Energy and Natural Resources of the United States Senate and 
        the Committee on Resources of the United States House of 
        Representatives not less than 60 days prior to any transfer of 
        the real property under the agreement, the property shall be 
        transferred and managed in accordance with the agreement. Any 
        such transfer shall be subject to the other provisions of this 
        section.
            (3) Effect of lack of agreement.--If the parties do not 
        reach an agreement under paragraph (1) within the 180-day 
        period, the Administrator shall provide a report to Congress on 
        the status of the discussions, together with 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 Secretary of the military department may 
        transfer administrative control over the property to the 
        General Services Administration. Absent an agreement on the 
        future ownership and use of the property, the property may not 
        be transferred to another Federal agency or out of Federal 
        ownership except pursuant to an Act of Congress specifically 
        identifying the property.
            (4) Eventual agreement.--If the parties come to an 
        agreement prior to congressional action in response to a report 
        under paragraph (3) and the agreement is submitted to the 
        Committee on Energy and Natural Resources of the United States 
        Senate and the Committee on Resources of the United States 
        House of Representatives not less than 60 days prior to any 
        transfer of the real property under the agreement, the real 
        property shall be transferred and managed in accordance with 
        the agreement. Any such transfer shall be subject to the other 
        provisions of this section.
    (g) 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.
    (h) 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 the Administrator 
deems necessary to carry out this section.
    (i) 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 Base 
        Closure and Realignment Act of 1990 (part A of title XXIX of 
        Public Law 101-510; 10 U.S.C. 2687 note), title II of the 
        Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), or 
        similar base closure authority.
            (3) The term ``excess real property'' means excess property 
        (as that term is defined in section 3 of the Federal Property 
        and Administrative Services Act of 1949 (40 U.S.C. 472)) that 
        is real property and was acquired by the United States prior to 
        the 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 Department of Defense 
        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 Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 484), 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).

SEC. 3. GUAM FOREIGN DIRECT INVESTMENT EQUITY ACT.

    (a) Short Title.--This section may be cited as the ``Guam Foreign 
Direct Investment Equity Act''.
    (b) In General.--Subsection (d) of section 31 of the Organic Act of 
Guam (48 U.S.C. 1421i) is amended by adding at the end the following 
new paragraph:
    ``(3) In applying as the Guam Territorial income tax the income-tax 
laws in force in Guam pursuant to subsection (a) of this section, the 
rate of tax under sections 871, 881, 884, 1441, 1442, 1443, 1445, and 
1446 of the Internal Revenue Code of 1986 on any item of income from 
sources within Guam shall be the same as the rate which would apply 
with respect to such item were Guam treated as part of the United 
States for purposes of the treaty obligations of the United States.''.
    (c) Certain Guam-Based Trusts Exempt.--The provisions of this 
section shall not apply to any Guam-based trust formed pursuant to 
Division 2 of Title 11, Chapter 160, of the Guam Code Annotated.
    (d) Effective Date.--The amendment made by subsection (b) shall 
apply to amounts paid after the date of the enactment of this Act.

SEC. 4. IMPORTATION OF BETEL NUTS (``ARECA NUTS'') FOR PERSONAL 
              CONSUMPTION.

    (a) In General.--Notwithstanding any other provision of law 
(including sections 402 and 801 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 342 and 381)), Guam shall be deemed to be within the 
customs territory of the United States in the case of importation from 
Guam into the United States of betel nuts (also known as ``areca 
nuts'') by an individual for personal consumption by the individual.
    (b) Definitions.--In this section:
            (1) Betel nuts.--The term ``betel nuts'' means husked betel 
        nuts grown in Guam.
            (2) Customs territory of the united states.--The term 
        ``customs territory of the United States'' has the meaning 
        given the term in general note 2 of the Harmonized Tariff 
        Schedule of the United States.

SEC. 5. 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 the following: ``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 financial and social 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 and recommendations 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 5 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.''.

            Passed the House of Representatives July 25, 2000.

            Attest:

                                                                 Clerk.