[Congressional Record Volume 140, Number 2 (Wednesday, January 26, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                         GUAM EXCESS LANDS ACT

  Mr. de LUGO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2144) to provide for the transfer of excess land to the 
Government of Guam, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2144

       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 Excess Lands Act''.

     SEC. 2. TRANSFER.

       (a) In General.--The Administrator of General Services 
     shall, subject to section 3, transfer all right, title, and 
     interest of the United States in and to the parcels of land 
     described in subsection (b) (together with any improvements 
     thereon) to the Government of Guam for public benefit use, by 
     quitclaim deed and without reimbursement. Such transfers 
     shall take place after a determination by the head of the 
     Federal agency controlling a parcel that the parcel is excess 
     to the needs of such agency.
       (b) Description of Parcels To Be Transferred.--Unless a 
     parcel of land described in this subsection has been disposed 
     of under other authority on or before the date of the 
     enactment of this Act or is transferred for further Federal 
     utilization as a result of the screening required by section 
     3(a), the parcels of land required to be transferred under 
     subsection (a) shall consist of the following:

Navy Parcels                                                           
  South Finegayan.............................................445 acres
  Nimitz Hill Parcels and 1 and 2B............................208 acres
  NAVMAG Parcel 1.............................................144 acres
  Apra Harbor Parcel 7.........................................73 acres
  Apra Harbor Parcel 8..........................................6 acres
  Apra Harbor Parcel 6.........................................47 acres
  Apra Harbor Parcel 9.........................................41 acres
  Apra Harbor Parcel 2.........................................30 acres
  Apra Harbor Parcel 1..........................................6 acres
  Asan Annex...................................................17 acres
  NAVCAMS Beach................................................14 acres
  ACEORP Msui Tunnel............................................4 acres
  Agat Parcel 3.................................................5 acres
Air Force Parcels                                                      
  Andersen South (portion of Anderson Admin. Annex)...........395 acres
  Camp Edusa (Family Housing Annex 1).........................103 acres
  Harmon Communication Annex No. 1............................862 acres
  Harmon Housing Annex No. 4..................................396 acres
  Harmon POL Storage Annex No. 2...............................35 acres
  Harmon VOR Annex............................................308 acres
  Harmon POL Storage Annex No. 1...............................14 acres
  Andersen Radio Beacon Annex..................................23 acres

Federal Aviation Administration Parcel
  Talofofo ``HH'' Homer Facility...............................37 acres

       (c) Legal Descriptions.--The exact acreages and legal 
     descriptions of all parcels of land to be transferred under 
     this Act shall be determined by surveys which are 
     satisfactory to the head of the controlling Federal agency 
     referred to in subsection (a). The cost of such surveys, 
     together with all direct and indirect costs related to any 
     conveyance under this section, shall be borne by such 
     controlling Federal agency.

     SEC. 3. TERMS AND CONDITIONS.

       (a) Further Federal Utilization Screening.--Parcels of land 
     determined to be excess property pursuant to section 2 shall 
     be screened for further Federal utilization in accordance 
     with the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 471 et seq.) and such screening will be 
     completed within 45 days after the date on which they are 
     determined to be excess.
       (b) Appraisals.--The Administrator shall promptly appraise 
     those parcels that are not needed for further Federal 
     utilization to determine their estimated fair market value. 
     The head of the Federal agency which controls such parcels 
     shall cooperate with the Administrator in carrying out 
     appraisals under this section. The Administrator shall submit 
     a copy of the appraisals to the committees of the Congress 
     specified in subsection (d). The cost of such appraisals 
     shall be paid for under section 204(b) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     485(b)).
       (c) Land Use Plan.--The parcels of land to be transferred 
     under this Act shall be eligible for transfer after the 
     Government of Guam enacts legislation which establishes a 
     detailed plan for the public benefit use (including, but not 
     limited to, housing, schools, hospitals, libraries, child 
     care centers, parks and recreation, conservation, economic 
     development, public health, and public safety) of such 
     parcels and the Governor of Guam submits such plan to the 
     committees of the Congress specified in subsection (d).
       (d) Submissions.--The appraisals and land use plan required 
     to be submitted to the committees of the Congress under 
     subsections (b) and (c) shall be submitted to the Committee 
     on Natural Resources, the Committee on Armed Services, the 
     Committee on Government Operations and the Committee on 
     Merchant Marine and Fisheries of the House of Representatives 
     and the Committee on Energy and Natural Resources, the 
     Committee on Armed Services, and the Committee on 
     Governmental Affairs of the Senate.
       (e) Review by Committees.--Parcels of land may not be 
     transferred under this Act until 180 days after the 
     submission to the committees of the Congress specified in 
     subsection (d) of--
       (1) the appraisals provided for in subsection (b), and
       (2) the land use plan provided for in subsection (c).
       (f) Government of Guam Lands Within the War in the Pacific 
     National Historical Park.--Parcels of land may not be 
     transferred under this Act until after the Government of Guam 
     enters into a cooperative agreement with the Secretary of the 
     Interior, acting through the Director of the National Park 
     Service, which grants to the Secretary, at no cost, the 
     administrative jurisdiction over all undeveloped lands within 
     the boundary of the War in the Pacific National Historical 
     Park, except those lands at Adelup Point, which are owned by 
     the Government of Guam. The lands covered by such cooperative 
     agreement shall be managed in accordance with the general 
     management plan of the park and in the same manner as lands 
     within the park that are owned by the United States.

     SEC. 4. OBJECTS AFFECTING NAVIGABLE AIRSPACE.

       The conveyance document for any land transferred under this 
     Act located within 6 nautical miles of an airport shall 
     contain a provision that requires a determination of no 
     hazard to air navigation to be obtained from the Federal 
     Aviation Administration in accordance with applicable 
     regulations governing objects affecting navigable airspace or 
     under the authority of the Federal Aviation Act of 1958 
     (Public Law 85-726, as amended) in order for construction or 
     alteration on the property to be permitted.

     SEC. 5. SEVERE CONTAMINATION.

       Notwithstanding any other provision of this Act, the 
     Administrator of General Services, in his discretion, may 
     choose not to transfer any parcel under this Act on which 
     there is severe contamination, the remedy of which would 
     require the United States to incur extraordinary costs.

     SEC. 6. APPLICATION OF FEDERAL AND TERRITORIAL LAWS.

       All Federal and territorial environmental laws and 
     regulations shall apply to the parcels transferred pursuant 
     to this Act during and after the transfer of such parcels.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from the 
Virgin Islands [Mr. de Lugo] will be recognized for 20 minutes, and the 
gentleman from Utah [Mr. Hansen] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from the Virgin Islands [Mr. de 
Lugo].
  Mr. de LUGO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this legislation is of great significance to the 
territory of Guam and is also important to the Defense Department.
  It should have been enacted a few years ago * * * not only because 
the need for it is pressing but also because there has been a general 
consensus on accomplishing its main purpose for years.
  In fact, it would authorize completion of a process begun during the 
Carter administration that has been supported by each succeeding 
administration.
  Additionally, this legislation, which was developed through the 
cooperative efforts of the Natural Resources, Government Operations, 
and Armed Services Committees, is similar to provisions that passed 
both Houses in 1990.
  Unfortunately, however, this legislation has been delayed for reasons 
that do not relate to its essential parts.
  The delays have been especially unfortunate since this measure would 
positively address what has become such an issue in Guam that it is 
damaging Federal relations with the territory and is undermining 
military interests there.
  The issue is that the Federal Government continues to hold a 
substantial portion of the land acquired from Guamanians in the wake of 
World War II although it is not using most of the land and Guamanians 
need it.
  The Nation--and the people of Guam--are fortunate to now have the 
leadership on this issue of Guam's new Delegate, Robert Underwood. He 
has astutely approached both this legislation and the overall issue.
  What H.R. 2144 would do is establish a special process to transfer 
ownership to Guam of 22 parcels totaling some 3,219 acres that are now 
controlled by the Air Force, the Navy, and the Federal Aviation 
Administration.
  This special process is warranted by the special circumstances of the 
situation and is precedented. It would be more expedited than the 
normal dispoal process and provide broader possible uses.
  The transfers would take place after: other agencies confirm that 
they do not need the property; it is appraised; we have had 180 days to 
review the insular government's plans for its use; and the National 
Park Service is given control over local government 
inholdings in the national park on Guam.
  The precedents I mentioned include acts regarding Guam as well as 
recent base closure law. The special circumstances primarily related to 
how the Federal Government acquired the 30 percent of Guam it owns.
  After Guam was liberated from a brutal enemy occupation during World 
War II--which was marked by the unflinching loyalty of the Chamorro 
people of Guam--our Armed Forces acquired most of the island in 
transactions that were often unfair.
  Islanders sold their land for a pittance, sometimes under pressure or 
not understanding terms, and often out of a sense of patriotism or 
gratitude for freedom. There was also an assumption that the property 
would only be used for the Nation's defense.
  Congress has acted to right the wrongs of the acquisitions 
themselves. Individuals whose land was unfairly acquired have been 
authorized to sue for fair compensation.
  But this did not resolve the problem of too much land being withdrawn 
from the community * * * a big problem for a small island.
  And there is no debate that the Federal Government holds more land in 
Guam that it needs. Guam's legislature recently noted that only about 
12,000 of the approximately 44,000 federally owned acres are even 
fenced and, of these, only half are apparently being used.
  So that is where this legislation comes in. And it would really 
return land taken for a specific purpose that no longer exists rather 
than simply give it to Guam.
  Mr. Speaker, the 1950 law that organized Guam's civilian government 
included an initial effort to address this problem. Under it, land was 
returned to resettle and rehabilitate the island as well as help 
establish the government.
  But it has long been clear that more needs to be done. Much of the 
land that the military owns on Guam was not used even during the height 
of the Vietnam war.
  While it has remained idle, however, the people of Guam have 
developed an increasing need for land for housing and other essential 
purposes. Additionally, they have been priced out of the market as 
Japanese investment has escalated values.
  And Guam, it should not be forgotten, as a territory lacks the 
leverage that a State would have to force Federal attention to its 
needs.
  Its pioneering first Delegate, my late friend, Tony Won Pat, was able 
to set the stage for this bill, though, by working with the Carter 
administration to identify land not needed by the military.
  In 1980, he got special legislation enacted to transfer some 927 
acres to local control. But his effort regarding a few thousand other 
acres identified by the Defense Department was delayed when the 
incoming Reagan administration wanted to review the Carter 
administration's decisions.
  After it finally concluded that most of the land could be released, 
Guam's Delegate at the time, Ben Blaz, proposed a transfer bill in 
1987.
  Unfortunately, the bill was handicapped by unrealistic provisions. 
Even more unfortunately, the Interior Department's territories office 
stymied passage by proposing an even more complicated alternative.
  While their proposals were unrealistic, however, what they sought to 
address is a very real feeling among many former landowners that the 
land ought to be returned to them. Many are unhappy with the $39.5 
million settlement of their unfair takings cases.
  One problem with this idea, of course, is that the former owners have 
already been given the opportunity to obtain fair compensation through 
the courts for land taken unfairly. The settlement was hundreds of 
millions of dollars less than even Federal estimates of what it would 
be. But this will not convince many here that former owners should now 
be given land back.
  Another problem with the idea of returning land to former owners is 
that much of the land will never be able to be returned since it will 
continue to be retained by the military or has been given to the local 
government.
  I, and others, sought to break the stalemate by working out a 
compromise in 1990. It provided the best balance possible between the 
view in Guam that the land should be given to individuals for their 
private use and the general Federal policy of requiring that land given 
for free be used for public purposes. It would allow the land to be 
used for a broader array of purposes that benefit the people of Guam.
  Although this compromise passed both Houses, it was not enacted, 
however, after final action on the other side of the Capitol came too 
late in the 101st Congress.
  Delegate Blaz sponsored a bill based on the 1990 compromise in 1992. 
Interior's territories office then again effectively stymied passage by 
raising questions which were not essential to it.
  Meanwhile, tensions related to the continued Federal control of so 
much of Guam intensified during these years of unnecessary delays. 
Frustration grew as original land owners passed away.
  The discontent has become so great that it has led to occupations of 
military land and become a dominant issue on the island.
  The current gentleman from Guam [Mr. Underwood], has approached this 
difficult situation intelligently and aggressively.
  He resurrected the 1990 compromise through this bill. He has also 
organized talks related to other land issues among all concerned 
Federal and local parties. And he has passed the Defense Department to 
identify more land that it does not need.
  So, his efforts may require action on our parts in the future in 
addition to this bill.
  Mr. Speaker, the Insular and International Affairs Subcommittee held 
a hearing on H.R. 2144 last July 29th. There was general support 
expressed for this compromise with one exception that I mention because 
it has affected the consideration of this legislation.
  Interior's territories office, which, I should note, does not have 
authority over the matters covered by this legislation, proposed that 
the land be transferred to it for disposal. It wanted to use the land, 
first, for exchanges for private inholdings in the national park and 
also require the government of Guam to transfer ownership of its 
inholdings in the park to the Federal Government before it would 
receive any of the land not used for these exchanges. It also wanted to 
have to approve of Guam's plans for using any land it did get and the 
power to require Guam to pay the Federal Government if it used this 
land in a way not approved by the office.
  The subcommittee did not agree with the territories office's proposal 
and approved the legislation essentially as planned. But the office did 
get other issues to be raised. The leadership of the National Parks, 
Forests, and Public Lands Subcommittee insisted that the issue of the 
government of Guam's inholdings in the national park be addressed. The 
chairman of the Merchant Marine and Fisheries Committee wanted to 
ensure that land could be used for conservation purposes.
  We have worked up until shortly before we came on this floor today to 
address the national park issue. My own view was that it is an 
unrelated issue that should be handled separately, if possible. I 
recognized that the territorial government's land within the park must 
be maintained in a manner consistent with the park. But I also 
recognized that this did not require a transfer of ownership; that such 
a transfer would be objectionable to Guam given the emotions 
surrounding the issue of Federal land ownership; and that Guam would 
only be willing to compromise so much to obtain the land that would be 
transferred by this legislation.

  Additionally, though, I recognized the reality of the strong 
sentiment among Members for ensuring the Guam's obligations regarding 
the park are fulfilled. The gentleman from Guam also recognized it.
  Thanks to his leadership and work, as well as the consideration and 
efforts of the distinguished gentlemen from Minnesota and Utah, we 
have, therefore, developed the fairest compromise possible. It would 
retain Guam's ownership of the land involved and provide Guam with an 
opportunity to work out matters relating to management of the land with 
the National Park Service.
  Mr. Speaker, the text of the substitute that I have presented have 
been worked out with the chairmen of the two other committees to which 
the bill was referred--Government Operations and Armed Services--as 
well as the Merchant Marine and Fisheries Committee.
  One of the changes made from the language reported by the Natural 
Resources Committee is the deletion of a provision that would have made 
clear that a law providing the homeless a priority claim to disposed of 
land does not apply to the land covered by this bill.
  We have agreed to delete this provision because it is not necessary. 
Regulations already make clear that the law that would have been cited 
does not apply when land is transferred pursuant to special 
legislation, which is what this measure is. Further, the other 
provisions of this measure should already provide sufficient guidance 
regarding the land's future use.
  In concluding, Mr. Speaker, I want to note that the executive branch 
also supports this measure.
  The Defense Department recognizes that finally returning the land 
involved to Guam is critical to gaining the community acceptance 
necessary for its continued use of land that it does need there and 
that acceptance is important since our national security mission in 
Guam is vital.
  The Air Force and Navy commanders on the island, Deputy Assistant 
Secretary Stanley Roth, Under Secretary Frank Wisner, and others have 
been helpful in explaining the importance of this legislation.
  The Interior Department has also come to support this measure.
  So, as I hope that I have made clear, this measure also deserves this 
House's support.

                              {time}  1310

  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I though the remarks of my friend, the 
gentleman from the Virgin Islands, [Mr. de Lugo], were excellent 
remarks, and I especially liked the point where he said the Federal 
Government holds more ground in Guam than the Federal Government needs. 
We could easily add to that the 11 Western States, and I hope that we 
keep that in mind when we start doing that with some of the Western 
States. I greatly appreciate that statement and hope that it is 
emblazoned in marble somewhere.
  Mr. Speaker, I rise in support of H.R. 2144, a bill to transfer 
excess Federal lands to the government of Guam. As the committee report 
on this bill correctly points out, excessive Federal land ownership 
often creates adverse local and regional economic impacts. As a general 
rule, I believe that transferring more control over Federal lands to 
State and local governments will result in more economic opportunity as 
well as better land management. Therefore, I support the basic premise 
of this bill.
  However, I was concerned that the original version of this bill 
permitted the government of Guam to continue to administer lands inside 
War in the Pacific National Historical Park, a park established nearly 
15 years ago to commemorate the American liberation of Guam. It seemed 
reasonable to me to require the government of Guam to facilitate 
National Park Service management over these key inholdings by 
transferring them to the Secretary of the Interior. While the version 
we are acting on today does not transfer title to the lands, it does 
ensure the protection and management of these lands as key components 
of this important national park.
  I appreciate the willingness of the gentleman from Guam in working 
with me to address my concerns and I encourage my colleague to support 
this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. de LUGO. Mr. Speaker, I yield 5 minutes to the gentleman from 
Guam, the Honorable Robert Underwood, sponsor of this legislation.
  (Mr. UNDERWOOD asked and was given permission to revise and extend 
his remarks.)
  Mr. UNDERWOOD. Mr. Speaker, I thank the gentleman for yielding this 
time to me.
  Mr. Speaker, today's House consideration of H.R. 2144, the Guam 
Excess Lands Act, is a significant event for Guam, not just because 
this bill transfers 3,200 acres of excess Federal lands back to the 
people of Guam, but more so because by our actions we begin to unravel 
a history of land takings on Guam.
  I want to recognize the support and hard work of Chairman Miller, 
Chairman de Lugo and Chairman Vento in helping me to bring H.R. 2144 to 
this point. I also want to acknowledge the efforts of Mr. Young, Mr. 
Hansen, and Mr. Gallegly in finding acceptable solutions to some very 
difficult issues that this bill deals with.
  The parcels of land being transferred by this bill were identified as 
excess over 15 years ago, but this bill is not about the past, it is 
about the future. It is about a commitment from this Congress to 
address the land problems on Guam, and the land history of Guam. This 
bill is about a commitment from the administration to seek workable 
solutions to these problems with the Congress and the people of Guam. 
This bill is about good faith efforts and patience.
  Those good faith efforts extend back to Guam's venerable statesman, 
Mr. Antonio Borja Won Pat, Guam's first Delegate to Congress. They 
include the efforts by my predecessor, Mr. Ben Blaz, to find solutions. 
These efforts include my work with the House committees and the 
Government of Guam to find the common ground where our interests 
converge.
  The effort to find solutions and justice for the people of Guam 
begins here today. It is a good sign, and a good start that this bill 
addresses lands excessed 15 years ago, because we are saying to Guam 
that we can make a break with the past, and we can begin the difficult 
task that confronts us as the prospect of more Federal excess lands 
heightens the tensions on Guam and increases the demands for a 
comprehensive land solution.
  While this bill is not that comprehensive solution, it does show that 
solutions are possible. Ultimately, the best solution is to give Guam 
as much authority as possible to resolve land issues on Guam, where 
land issues are most clearly understood.
  Just last week I convened a land conference on Guam to begin the task 
of forming a consensus on land issues. While there was frustration and 
disappointment expressed by the people of Guam, there clearly was also 
hope for the future. Our action today conveys that there is reason for 
that hope and there is reason to believe that change is possible.
  I sincerely thank Chairman Miller, Chairman de Lugo, and Chairman 
Vento for their work on this bill, and I urge my colleagues to pass 
H.R. 2144.
  This is a momentous occasion for the people of Guam and I cannot let 
it pass without remembering the faces of the Chamorro people from whom 
this land was originally taken and for whom it should ultimately 
benefit.
  Land is a critical issue for a small island; I recognize that land 
issues throughout the nation are difficult and raise thorny issues of 
local control, private property rights, public interest, constitutional 
rights and condemnation procedures.
  In this regard, it is important to understand that Guam is not just a 
microcosm of the confluence of these interests and perspectives. 
Inevitably, some will see this bill and the interest that is has 
engendered only in this fashion. We do not argue with that perspective.
  But there is more, there is lots more. Guam does have a unique 
history with respect to land and Guam shares along with other Pacific 
islands a view of the land which intimately connects to our fiber as a 
people, as a culture--and when we call refer to ourselves in the 
ancient way--we say taotao tano--people of the land.
  Because of the strategic nature of our island--our land--our dot in 
the middle of the ocean, we have been traversed by pirateers, so-called 
discoverers, interlopers and strategists all eager in some way--so it 
seems to disposes us of our land for some grander purpose which we 
understood only imperfectly.
  The land which is being returned through this bill was taken by the 
military after World War II from families and individuals who are still 
very much with us today. Their saga is filled with stories of false 
promises and the inability to contest in a civilian court the 
military's takings. The land in question has not been used for decades. 
The land has been declared excess by military strategists over 15 years 
ago.
  It is about time that we return it to the people of Guam; it is about 
time that we do the right thing.
  There is bitterness, anger, rage over the how the land was originally 
taken in Guam. But there is also hope and opportunity. It is up to us 
here today to demonstrate that such hope and opportunity can override 
bitterness and rage through responsible public policy which says that 
we hear the people of Guam and the House is willing to do the right 
thing.
  Dankulo na si Yu'os ma'ase' todos hamyo.

                              {time}  1320

  Mr. de LUGO. Mr. Speaker, I yield 2 minutes to the gentleman from 
Minnesota [Mr. Vento], the chairman of the Subcommittee on National 
Parks, Forests, and Public Lands, one of the gentlemen that I am going 
to really miss around here.
  Mr. VENTO. Mr. Speaker, I, first of all, want to comment on the 
generous comments made by my colleague. He will certainly be missed as 
he has announced in the last week his decision not to seek or stand for 
reelection in the Virgin Islands after his nearly 30 to 40 years of 
service to the people of the Virgin Islands and to this Nation. So, he 
continues on this year working on the issues of the territories that 
are so important to us.
  Mr. VENTO. Mr. Speaker, I rise in support of H.R. 2144. As explained 
by chairman de Lugo, this bill would transfer approximately 3,200 acres 
of excess Department of Defense land to the government of Guam for such 
public benefit uses as housing, schools, and hospitals. These lands 
were identified as excess to military needs in 1977. I commend 
Congressman Underwood for the effort he has put into resolving the 
complex issues surrounding this bill and other land use issues on Guam. 
Congressman Underwood has shown positive leadership through his work on 
this bill and the bill passed by Congress last year finally providing 
for a monument to the people of Guam at the War in the Pacific National 
Historical Park.
  As chairman of the Subcommittee on National Parks, Forests and Public 
Lands, I worked with Chairman de Lugo, the delegate from Guam, Mr. 
Underwood and Committee member Congressman Hansen on the provisions of 
the bill concerning the War in the Pacific National Historical Park. 
The War in the Pacific National Historical Park was established in 1978 
to interpret the major historic sites and events associated with the 
battle for Guam. The authorized boundary of the park is 1,960 acres, of 
which 915 are currently owned by the Federal Government. The government 
of Guam holds title to 872 acres inside the park boundary, of which 808 
acres are submerged land and 64 acres are land parcels. The rest of the 
lands are privately owned inholdings.
  I offered an amendment in the National Resources Committee which 
addressed the issue of the government of Guam's inholdings in the War 
in the Pacific National Historical Park. This amendment has 
subsequently been further modified after further discussions between 
the interested parties. The bill before the House today now in its 
final form requires, as a condition of the land transfer, a cooperative 
agreement between the government of Guam and the Secretary of the 
Interior which transfers at no cost the administrative jurisdiction of 
all undeveloped lands owned by the government of Guam to the Secretary 
of the Interior. It further provides that the lands covered by the 
agreement will be managed consistent with the park's general management 
plan.
  This language will ensure that the lands inside the park will be 
managed consistent with park purposes while being sensitive to the land 
ownership concerns of the people and government of Guam. While I 
believe my committee amendment would have been adequate, this revised 
language is certainly acceptable and should protect park values and not 
diminish local support for the park. With this language we can proceed 
with moving the long overdue excess lands bill and end up with a 
positive outcome for both the people of Guam and the National Park 
Service. It is my understanding that there is interest from the 
Delegate of Guam and other citizens of the island in having a review of 
issues concerning the legislative boundaries of the War in the Pacific 
National Historical Park. The National Park Service has the authority 
to review boundaries and make recommendations for boundary adjustments, 
and I would encourage the National Park Service to undertake this 
review if they feel there is sufficient reason to do so. In the 
meantime I urge the swift passage of H.R. 2144, as amended.
  Mr. Speaker, the final version of this legislation came about because 
of cooperation between the gentleman from the Virgin Islands [Mr. de 
Lugo], the gentleman from Utah [Mr. Hansen], and the gentleman from 
Guam [Mr. Underwood] with some input from myself. I instituted the idea 
some years ago, and I am pleased to see it come to fruition. I commend 
the gentleman from Guam and everyone else who was involved in this 
process.
  Mr. de LUGO. Mr. Speaker, I yield 5 minutes to the gentleman from 
American Samoa [Mr. Faleomavaega], one of my best friends in this 
House, a gentleman I greatly admire.
  Mr. FALEOMAVAEGA. Mr. Speaker, I would be remiss if I did not also 
express the sentiments that were said earlier by my dear colleague and 
friend, the gentleman from Minnesota [Mr. Vento]. I want to echo his 
sentiments concerning the gentleman from the Virgin Islands [Mr. de 
Lugo] who has been an outstanding leader as chairman of the 
Subcommittee on Insular and International Affairs, a gentleman whom I 
have had the highest respect for over the years; I have known Mr. de 
Lugo since the 1970's when I served as a member of the staff on the 
Committee on Natural Resources. But the fact is, he has also used his 
tremendous talent and leadership in representing his constituents from 
the Virgin Islands, and he is certainly a leader among the insular 
areas. His service for the past 20 years as a Member of this body has 
been invaluable and he will be missed by all who have worked with him.
  Mr. Speaker, I rise today in strong support of H.R. 2144, a bill to 
provide for the transfer of excess lands to the Government of Guam.
  It is my hope that today's vote will be a significant step toward the 
final process of transferring 3,200 acres of excess land currently 
owned by the Federal Government to the people of Guam. In my opinion, 
all other alternatives previously proposed such as transferring the 
land to the Department of the Interior, or selling it to the highest 
bidder, are an insult to people of Guam and an affront to the principle 
of fair play--a principle which touches on the very foundation of this 
great Nation of ours.
  During the cold war, the people of Guam played their part in 
providing the land required by the military for the overall defense of 
our country. The cold war no longer exists and Federal agencies 
declared as long ago as 1980 that they no longer need the 3,200 acres 
which on a small island like Guam, constitutes a meaningful portion of 
their overall landmass of 215 square miles.
  During the Second World War, Guam's struggle to regain its freedom is 
well documented by American soldiers who, many years later, helped free 
the citizens of Guam from certain genocide. After the war, the people 
of Guam donated much of their land to defend U.S. interests against the 
communist menace enveloping much of Asia. Whether or not the landowners 
understood the terms of the transfers is not clear.

  Now that the cold war no longer exists, it is time for the U.S. 
Congress to exercise its oversight responsibility and return this land 
to its rightful owner, the people of Guam.
  Mr. Speaker, the Federal Government currently owns 30 percent of the 
land on the island of Guam, and over the years this has caused 
considerable unrest in Guam. Because of the lack of available land, 
land prices are higher than they would be if more land were available. 
It is difficult for the Chamorro people to see land that the Federal 
Government has declared as excess to its needs to remain idle while the 
local people cannot afford land of their own.
  Mr. Speaker, proposals to transfer this and additional excess land to 
the people and Government of Guam have been pending in Congress since 
1977, but for many reasons, each of several bills have not passed. With 
another year to go in this Congress, I am hopeful that this bill will 
become law.
  Mr. Speaker, I want to thank Chairman George Miller, Chairman Bruce 
Vento, and Chairman Ron de Lugo, all who have taken an active interest 
in this bill, and provided valuable guidance. And Congressman Robert 
Underwood should also be commended for his leadership and tenacity in 
keeping this bill moving.
  I would also like to extend my commendation and appreciation to the 
gentleman from Utah [Mr. Hansen] and the ranking minority member, the 
gentleman from Alask [Mr. Young] for their assistance and support of 
this legislation.
  Mr. Speaker, let us do the right thing today and return a measure of 
dignity to a people in their own homeland by passing H.R. 2144.
  Mr. de LUGO. Mr. Speaker, I yield 1 minute to the gentleman from 
California [Mr. Miller], chairman of the Committee on Natural 
Resources, a gentleman that I greatly admire. I remember when he came 
to this House. He was closely associated with a man that I considered 
my mentor, and I am going to miss our chairman. He is one of the real 
leaders in this House.
  (Mr. MILLER of California asked and was given permission to revise 
and extend his remarks.)
  Mr. MILLER of California. Mr. Speaker, I want to begin my remarks by 
expressing my sorrow, but also congratulating our colleague on his 
announced retirement. The gentleman from the Virgin Islands [Mr. de 
Lugo] has just been an outstanding member of the Committee on Natural 
Resources, and a leader on the issues affecting the territories and an 
outstanding Representative of the Virgin Islands. He has been an ally 
my entire time in the Congress.

                              {time}  1330

  It has been a pleasure and a genuine benefit to this Nation to have 
the gentleman on this committee and to have him in the Congress, and I 
certainly wish him the best.
  Mr. Speaker, I rise simply to express my support for this 
legislation. It is a long time coming. I want to commend our delegate 
from Guam [Mr. Underwood] for raising these issues and bringing these 
issues to a conclusion so we can successfully bring about the transfer 
of this land and so the Guamanian people can have much more say and 
control over the development of the resources and the assets of the 
Island of Guam.
  I want to thank the subcommittee chairman, the gentleman from 
Minnesota [Mr. Vento] for his involvement and I thank the gentleman 
from Utah [Mr. Hansen] for his involvement in writing this legislation 
and adding his ideas in some cases and improving it.
  I also wish to commend the chairman of the full Committee on Armed 
Services, the gentleman from California [Mr. Dellums], and also the 
gentleman from Michigan [Mr. Conyers] for their input in this matter.
  Mr. Speaker, I hope the House will strongly support this legislation. 
It is long overdue and badly needed.
  H.R. 2144, the Guam Excess Lands Act, introduced by Delegate Robert 
Underwood, would transfer to the government of Guam title to 
approximately 3,200 acres of land declared excess to the needs of the 
Federal Government. This legislation has a long history, and merits our 
support.
  In 1980, the Carter administration identified more than 3,000 acres 
of Federal lands as excess to the Federal Government's needs in Guam. 
Subsequently, in the final days of the 101st Congress both Houses 
considered legislation giving Guam title to the lands, but a bill was 
never enacted due to the lateness of the session. H.R. 2144 is nearly 
identical to legislation approved by the full House in 1990.
  Under terms of the legislation, the General Services Administration 
is directed to transfer title to the land to Guam 180 days after the 
Guam legislature enacts legislation specifying how the lands will be 
used for public benefit use. During the 180-day period, the Congress 
will have the opportunity to review Guam's plans to determine if they 
are satisfactory.
  Mr. Chairman, throughout the country land ownership and management 
issues are generally controversial. In Guam the situation is 
exacerbated partly because the Federal Government owns 30 percent of 
the island's approximately 215 square miles. More importantly, Federal 
actions following World War II have left a bitter feeling in many 
Guamanians memories. The people of Guam appreciated the United States 
efforts in liberating Guamanians from the Japanese. But subsequently 
the U.S. confiscated for national security purposes more than half of 
Guam, including many private residences and farms. The people of Guam 
complained their lands were taken without fair and just compensation.
  In response, the Navy filed condemnation proceedings in Federal court 
in 1948 and 1949, and eventually paid $1.5 million to Guam for the 
land. Recognizing this did not satisfy Guamanian concerns, the Congress 
subsequently enacted Public Law 95-134 which enabled persons who felt 
they had not received fair market value compensations for their land to 
file suit. Public Law 96-205 provided that awards from such suits be 
paid with interest from the time of acquisition to the date of fair 
compensation. Guamanians eventually settled their suit for $39.5 
million.
  Public Law 95-134 and Public Law 96-205 and the ensuing lawsuits have 
legally satisfied the U.S. responsibilities to the people of Guam. But 
many feel the U.S. has outstanding moral obligations.
  By returning land to Guam, H.R. 2144 will help satisfy those who 
believe the U.S. needs to do more for the people of Guam. The 
legislation we are considering today has been supported by the Reagan, 
Bush, and Clinton administrations.
  Delegate Robert Underwood, the sponsor of this legislation, is to be 
commended for his work on this bill. In addition, subcommittee 
committee chairmen Ron de Lugo and Bruce Vento, full committee chairmen 
Ron Dellums, Gerry Studds, and John Conyers, Armed Services 
Subcommittee Chairman Dave McCurdy, and Congressman James Hansen played 
essential roles in crafting this legislation. I thank all of them for 
their efforts, and encourage my colleagues to support this legislation.
  Mr. de LUGO. Mr. Speaker, I yield 1 minute to one of the newer 
Members of the House, the gentleman from California [Mr. Farr]. Let me 
say to the gentleman, he should not feel as a newer Member constrained 
to eulogize me, although he is a good friend just the same.
  Mr. FARR of California. Mr. Speaker, I rise in support of H.R. 2144. 
I am one of the newest Members of this House, and before coming here I 
served in the California Legislature and with the Council of State 
Governments, which is an association of State legislators. They have a 
western conference made up of legislators from the Western United 
States and from the Pacific islands.
  We happened to have our annual conference in Guam, and I learned a 
lot about the issue of the Guamian people.
  Now that I am standing here, I rise in support of this very important 
legislation. I know many Members who are representing those States have 
colleagues in their State legislatures who would be supportive as well. 
This is essentially an issue of local control for a community that well 
deserves to have this land. It has been in U.S. possession for a long 
time and under our control.
  Mr. Speaker, I salute the author of this bill, the gentleman from 
Guam [Mr. Underwood], and I hope that we will unanimously support H.R. 
2144 and wish the people of Guam a good half a day.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. de LUGO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, before I ask for approval of this bill, I want to thank 
the leaders of the other committees with which we have worked: 
Government Operations Chairman John Conyers; Armed Services Chairman 
Ron Dellums and Military Installations and Facilities Subcommittee 
Chairman Dave McCurdy; as well as Merchant Marine and Fisheries 
Chairman Gerry Studds.
  I also want to thank the minority leadership of the Natural Resources 
Committee on insular issues, ranking minority member Don Young and 
Subcommittee ranking minority member Elton Gallegly. I must also point 
out that Natural Resources Committee Chairman George Miller has played 
a key role as has National Parks, Forests, and Public Lands 
Subcommittee Chairman Bruce Vento.
  The gentleman from Utah also made his mark on the bill. He has felt 
strongly about it and we have not fully agreed but he has responsibly 
compromised.
  And we should not forget the staff which, as always, has been 
indispensable.
  Finally, as I have said before, the gentleman from Guam has very 
capably handled this matter.
  In concluding, Mr. Speaker, I want to ask Members once again to 
support this long overdue legislation.
  Mr. McCURDY. I rise in support of H.R. 2144, Guam Excess Lands Act, 
as reported by the Committee on Natural Resources. This legislation was 
also referred to the House Committee on Armed Services. As chairman of 
the Subcommittee on Military Installations and Facilities, I would like 
to commend my fellow subcommittee member, Mr. Underwood, for his 
efforts in developing a new approach with respect to excess Federal 
lands in Guam in order that this legislation can make its way through 
the legislative process.
  As the House no doubt is aware, the Committee on Armed Services acted 
upon this legislation in both 1990 and 1992. I am pleased that the 
House is giving this legislation its well-deserved attention as one of 
the first orders of business in the 2d session of the 103d Congress.
  This legislation requires the General Services Administration to 
transfer ownership of 22 parcels of land, approximately 3,219 acres, to 
the insular government after determination by the controlling Federal 
agency that these parcels are no longer needed and other Federal 
agencies have no requirement for the parcel. The General Services 
Administration would also be required to undertake a fair market 
appraisal of the nonrequired parcels and report to the appropriate 
congressional committees. In addition, the subsequent land transfers 
would be contingent upon enactment by Guam of a law which specifies 
that such transferred land would be provided for public benefit 
purposes.
  The Committee on Armed Services has no objection to the passage of 
H.R. 2144. I would again like to thank the sponsor, Mr. Underwood and 
Mr. Miller, the distinguished chairman of the Committee on Natural 
Resources, for his support of this bill and our continued good working 
relationship with respect to Federal lands associated with the 
Department of Defense.
  Mr. STUDDS. Mr. Speaker, H.R. 2144, introduced by the gentleman from 
Guam, directs the General Services Administration to transfer roughly 
3,200 acres of surplus Federal land on that island to the Government of 
Guam for public benefit. The Committee on Merchant Marine and Fisheries 
was going to request a sequential referral of the bill, but for reasons 
noted below, will not do so, without prejudice to its jurisdictional 
interest in the matters contained in H.R. 2144.
  The Merchant Marine and Fisheries Committee's interest in this bill 
concerns the presence of endangered species habitat on portions of the 
parcels selected for conveyance to the Government of Guam. After 
careful consideration and review, however, the committee feels 
confident that the addition of several provisions to the bill--most 
notably section 6 regarding the applicability of Federal and 
territorial environmental laws--will ensure that the mandates of laws 
such as the National Environmental Policy Act, the Endangered Species 
Act, and the Clean Water Act shall apply both during and after the 
transfer of these parcels. With this important clarification, the 
committee fully supports the transfer of lands provided for in H.R. 
2144.
  Lastly, as some of my colleagues may be aware, H.R. 2144 represents 
only one component of the growing debate on the future of excess 
Federal lands on Guam. Particularly in the wake of the cold war and the 
excessing of lands previously controlled by the Department of Defense, 
the intensity of feelings on the part of the people of Guam on this 
subject has increased considerably. Indeed, many issues concerning 
surplus Federal land and the preservation of endangered species habitat 
on the island--with perhaps far greater implications than the 
legislation being considered today--remain to be addressed. Additional 
legislation is likely to be introduced, and the Merchant Marine and 
Fisheries Committee looks forward to working with the Government of 
Guam and the Department of the Interior on these issues in the coming 
year.
  Mr. de LUGO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Volkmer). The question is on the motion 
offered by the gentleman from the Virgin Islands [Mr. de Lugo] that the 
House suspend the rules and pass the bill, H.R. 2144, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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