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







106th CONGRESS
  1st Session
                                H. R. 2462

       To amend the Organic Act of Guam, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 1999

Mr. Underwood (for himself, Mr. Young of Alaska, and Mr. George Miller 
of California) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
       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 utilization 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, in the sole discretion of the Administrator, 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 utilized; and
                    (E) to the extent the property has been leased by 
                another Federal agency for a minimum of two years under 
                a lease entered into prior to the date of the enactment 
                of this Act, the transfer to the Government of Guam be 
                subject to the terms and conditions of those leasehold 
                interests.
            (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.
    (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 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 a Federal Agency that--
                    (A) has occupied the property for a minimum of two 
                years at the time the property is declared excess; and
                    (B) was occupying the property prior to the date of 
                the enactment of this Act;
            (3) to real property on Guam that is located within the 
        Guam National Wildlife Refuge, which shall be transferred in 
        accordance with subsection (f);
            (4) 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
            (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 the 
        enactment of this section, such lands shall be subject to 
        subsections (c) and (d).
    (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) Effective Date.--The amendment made by subsection (b) shall 
apply to amounts paid after the date of the enactment of this Act.

SEC. 4. BETEL NUTS.

    (a) In General.--For purposes of sections 402 and 801 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342 and 381), betel 
nuts (also known as ``areca nuts'') shall not be considered to be 
adulterated if possessed by an individual for personal consumption by 
the individual.
    (b) Definition.--In this section, the term ``betel nuts'' means 
husked betel nuts.

SEC. 5. HOUSING ASSISTANCE.

    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. 6. 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 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. 7. CLARIFICATION OF CERTAIN DEPARTMENT OF JUSTICE BLOCK GRANT 
              PROGRAMS.

    The matter set forth under the heading ``violent crime reduction 
programs, state and local law enforcement assistance'' in Public Law 
105-277 is amended--
            (1) in the matter before the first proviso by inserting 
        ``Guam shall be considered a `State' and'' before ``the 
        Commonwealth of Puerto Rico''; and
            (2) in the antepenultimate proviso by inserting ``and Guam 
        shall be considered a `State' for the purposes of title III of 
        H.R. 3 as passed by the House of Representatives on May 8, 
        1997'' after ``instead to 1999''.
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