[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        AKAKA AMENDMENT NO. 2647

  Mr. BREAUX (for Mr. Akaka) proposed an amendment to the bill, H.R. 
4180, supra; as follows:

       At the appropriate place insert the following new title:
                     TITLE ____HAWAIIAN HOME LANDS

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Hawaiian Home Lands 
     Recovery Act''.

     SEC. ____02. DEFINITIONS.

       As used in this title:
       (1) Agency.--The term ``agency'' includes--
       (A) any instrumentality of the United States;
       (B) any element of an agency; and
       (C) any wholly owned or mixed-owned corporation of the 
     United States Government.
       (2) Beneficiary.--The term ``beneficiary'' has the same 
     meaning as is given the term ``native Hawaiian'' under 
     section 201(7) of the Hawaiian Homes Commission Act.
       (3) Chairman.--The term ``Chairman'' means the Chairman of 
     the Hawaiian Homes Commission of the State of Hawaii.
       (4) Commission.--The term ``Commission'' means the Hawaiian 
     Homes Commission established by section 202 of the Hawaiian 
     Homes Commission Act.
       (5) Hawaiian homes commission act.--The term ``Hawaiian 
     Homes Commission Act'' means the Hawaiian Homes Commission 
     Act, 1920 (42 Stat. 108 et seq., chapter 42).
       (6) Hawaii state admission act.--The term ``Hawaii State 
     Admission Act'' means the Act entitled ``An Act to provide 
     for the admission of the State of Hawaii into the Union'', 
     approved March 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. 
     note prec. 491).
       (7) Lost use.--The term ``lost use'' means the value of the 
     use of the land during the period when beneficiaries or the 
     Hawaiian Homes Commission have been unable to use lands as 
     authorized by the Hawaiian Homes Commission Act because of 
     the use of such lands by the Federal Government after August 
     21, 1959.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 03. SETTLEMENT OF FEDERAL CLAIMS.

       (a) Determination.--
       (1) The Secretary shall determine the value of the 
     following:
       (A) Lands under the control of the Federal Government 
     that--
       (i) were initially designated as available lands under 
     section 203 of the Hawaiian Homes Commission Act (as in 
     effect on the date of enactment of such Act); and
       (ii) were nevertheless transferred to or otherwise acquired 
     by the Federal Government.
       (B) The lost use of lands described in subparagraph (A).
       (2)(A) Except as provided in subparagraph (B), the 
     determinations of value made under this subsection shall be 
     made not later than 1 year after the date of enactment of 
     this Act. In carrying out this subsection, the Secretary 
     shall use a method of determining value that--
       (i) is acceptable to the Chairman; and
       (ii) is in the best interest of the beneficiaries.
       (B) The Secretary and the Chairman may mutually agree to 
     extend the deadline for making determinations under this 
     subparagraph beyond the date specified in subparagraph (A).
       (3) The Secretary and the Chairman may mutually agree, with 
     respect to the determinations of value described in 
     subparagraphs (A) and (B) of paragraph (1), to provide--
       (A) for making any portion of the determinations of value 
     pursuant to subparagraphs (A) and (B) of paragraph (1); and
       (B) for making the remainder of the determinations with 
     respect to which the Secretary and the Chairman do not 
     exercise the option described in subparagraph (A), pursuant 
     to an appraisal conducted under paragraph (4).
       (4)(A) Except as provided in subparagraph (C), if the 
     Secretary and the Chairman do not agree on the determinations 
     of values made by the Secretary under subparagraphs (A) and 
     (B) of paragraph (1), or, pursuant to paragraph (3), mutually 
     agree to determine the value of certain lands pursuant to 
     this subparagraph, such values shall be determined by an 
     appraisal. An appraisal conducted under this subparagraph 
     shall be conducted in accordance with appraisal standards 
     that are mutually agreeable to the Secretary and the 
     Chairman.
       (B) If an appraisal is conducted pursuant to this 
     subparagraph, during the appraisal process--
       (i) the Chairman shall have the opportunity to present 
     evidence of value to the Secretary;
       (ii) the Secretary shall provide the Chairman a preliminary 
     copy of the appraisal;
       (iii) the Chairman shall have a reasonable and sufficient 
     opportunity to comment on the preliminary copy of the 
     appraisal; and
       (iv) the Secretary shall give consideration to the comments 
     and evidence of value submitted by the Chairman under this 
     subparagraph.
       (C) The Chairman shall have the right to dispute the 
     determinations of values made by an appraisal conducted under 
     this subparagraph. If the Chairman disputes the appraisal, 
     the Secretary and the Chairman may mutually agree to employ a 
     process of bargaining, mediation, or other means of dispute 
     resolution to make the determinations of values described in 
     subparagraphs (A) and (B) of paragraph (1).
       (b) Authorization.--
       (1) Exchange.--Subject to paragraphs (2) and (5), the 
     Secretary may convey Federal lands described in paragraph (5) 
     to the Department of Hawaiian Home Lands in exchange for the 
     continued retention by the Federal Government of lands 
     described in subsection (a)(1)(A).
       (2) Value of lands.--(A) The value of any lands conveyed to 
     the Department of Hawaiian Home Lands by the Federal 
     Government in accordance with an exchange made under 
     paragraph (1) may not be less than the value of the lands 
     retained by the Federal Government pursuant to such exchange.
       (B) For the purposes of this subsection, the value of any 
     lands exchanged pursuant to paragraph (1) shall be determined 
     as of the date the exchange is carried out, or any other date 
     determined by the Secretary, with the concurrence of the 
     Chairman.
       (3) Lost use.--Subject to paragraphs (4) and (5), the 
     Secretary may convey Federal lands described in paragraph (5) 
     to the Department of Hawaiian Home Lands as compensation for 
     the lost use of lands determined under subsection (a)(1)(B).
       (4) Value of lost use.--(A) The value of any lands conveyed 
     to the Department of Hawaiian Home Lands by the Federal 
     Government as compensation under paragraph (3) may not be 
     less than the value of the lost use of lands determined under 
     subsection (a)(1)(B).
       (B) For the purposes of this subparagraph, the value of any 
     lands conveyed pursuant to paragraph (3) shall be determined 
     as of the date that the conveyance occurs, or any other date 
     determined by the Secretary, with the concurrence of the 
     Chairman.
       (5) Federal lands for exchange.--(A) Subject to 
     subparagraphs (B) and (C), Federal lands located in Hawaii 
     that are under the control of an agency (other than lands 
     within the National Park System or the National Wildlife 
     Refuge System) may be conveyed to the Department of Hawaiian 
     Home Lands under paragraphs (1) and (3). To assist the 
     Secretary in carrying out this Act, the head of an agency may 
     transfer to the Department of the Interior, without 
     reimbursement, jurisdiction and control over any lands and 
     any structures that the Secretary determines to be suitable 
     for conveyance to the Department of Hawaiian Home Lands 
     pursuant to an exchange conducted under this section.
       (B) No Federal lands that the Federal Government is 
     required to convey to the State of Hawaii under section 5 of 
     the Hawaii State Admission Act may be conveyed under 
     paragraph (1) or (3).
       (C) No Federal lands that generate income (or would be 
     expected to generate income) for the Federal Government may 
     be conveyed pursuant to an exchange made under this paragraph 
     to the Department of Hawaiian Home Lands.
       (c) Available Lands.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary shall require that lands conveyed to the Department 
     of Hawaiian Home Lands under this Act shall have the status 
     of available lands under the Hawaiian Home Commission Act.
       (2) Subsequent exchange of lands.--Notwithstanding any 
     other provision of law, lands conveyed to the Department of 
     Hawaiian Home Lands under this paragraph may subsequently be 
     exchanged pursuant to section 204(3) of the Hawaiian Homes 
     Commission Act.
       (3) Sale of certain lands.--Notwithstanding any other 
     provision of law, the Chairman may, at the time that lands 
     are conveyed to the Department of Hawaiian Home Lands as 
     compensation for lost use under this Act, designate lands to 
     be sold. The Chairman is authorized to sell such land under 
     terms and conditions that are in the best interest of the 
     beneficiaries. The proceeds of such a sale may only be used 
     for the purposes described in section 207(a) of the Hawaiian 
     Homes Commission Act.
       (d) Consultation.--In carrying out their respective 
     responsibilities under this section, the Secretary and the 
     Chairman shall--
       (1) consult with the beneficiaries and organizations 
     representing the beneficiaries; and
       (2) report to such organizations on a regular basis 
     concerning the progress made to meet the requirements of this 
     section.
       (e) Hold Harmless.--Notwithstanding any other provision of 
     law, the United States shall defend and hold harmless the 
     Department of Hawaiian Home Lands, the employees of the 
     Department, and the beneficiaries with respect to any claim 
     arising from the ownership of any land or structure that is 
     conveyed to the Department pursuant to an exchange made under 
     this section prior to the conveyance to the Department of 
     such land or structure.
       (f) Screening.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Defense and the Administrator of 
     General Services shall, at the same time as notice is 
     provided to Federal agencies that excess real property is 
     being screened pursuant to applicable Federal laws (including 
     regulations) for possible transfer to such agencies, notify 
     the Chairman of any such screening of real property that is 
     located within the State of Hawaii.
       (2) Response to notification.--Notwithstanding any other 
     provision of law, not later than 90 days after receiving a 
     notice under paragraph (1), the Chairman may select for 
     appraisal real property, or at the election of the Chairman, 
     portions of real property, that is the subject of a 
     screening.
       (3) Selection.--Notwithstanding any other provision of law, 
     with respect to any real property located in the State of 
     Hawaii that, as of the date of enactment of this Act, is 
     being screened pursuant to applicable Federal laws for 
     possible transfer (as described in paragraph (1)) or has been 
     screened for such purpose, but has not been transferred or 
     declared to be surplus real property, the Chairman may select 
     all, or any portion of, such real property to be appraised 
     pursuant to paragraph (4).
       (4) Appraisal.--Notwithstanding any other provision of law, 
     the Secretary of Defense or the Administrator of General 
     Services shall appraise the real property or portions of real 
     property selected by the Chairman using the Uniform Standards 
     for Federal Land Acquisition developed by the Interagency 
     Land Acquisition Conference, or such other standard as the 
     Chairman agrees to.
       (5) Request for conveyance.--Notwithstanding any other 
     provision of law, not later than 30 days after the date of 
     completion of such appraisal, the Chairman may request the 
     conveyance to the Department of Hawaiian Home Lands of--
       (A) the appraised property; or
       (B) a portion of the appraised property, to the Department 
     of Hawaiian Home Lands.
       (6) Conveyance.--Notwithstanding any other provision of 
     law, upon receipt of a request from the Chairman, the 
     Secretary of Defense or the Administrator of the General 
     Services Administration shall convey, without reimbursement, 
     the real property that is the subject of the request to the 
     Department of Hawaiian Home Lands as compensation for lands 
     identified under subsection (a)(1)(A) or lost use identified 
     under subsection (a)(1)(B).
       (7) Real property not subject to recoupment.--
     Notwithstanding any other provision of law, any real property 
     conveyed pursuant to paragraph (6) shall not be subject to 
     recoupment based upon the sale or lease of the land by the 
     Chairman.
       (8) Valuation.--Notwithstanding any other provision of law, 
     the Secretary shall reduce the value identified under 
     subparagraph (A) or (B) of subsection (a)(1), as determined 
     pursuant to such subsection, by an amount equal to the 
     appraised value of any excess lands conveyed pursuant to 
     paragraph (6).
       (9) Limitation.--No Federal lands that generate income (or 
     would be expected to generate income) for the Federal 
     Government may be conveyed pursuant to this subsection to the 
     Department of Hawaiian Home Lands.

     SEC. ____04. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN 
                   HOMES COMMISSION ACT.

       (a) Notice to the Secretary.--Not later than 120 days after 
     a proposed amendment to the Hawaiian Homes Commission Act is 
     approved in the manner provided in section 4 of the Hawaii 
     State Admission Act, the Chairman shall submit to the 
     Secretary--
       (1) a copy of the proposed amendment;
       (2) the nature of the change proposed to be made by the 
     amendment; and
       (3) an opinion regarding whether the proposed amendment 
     requires the approval of Congress under section 4 of the 
     Hawaii State Admission Act.
       (b) Determination by Secretary.--Not later than 60 days 
     after receiving the materials required to be submitted by the 
     Chairman pursuant to subsection (a), the Secretary shall 
     determine whether the proposed amendment requires the 
     approval of Congress under section 4 of the Hawaii State 
     Admission Act, and shall notify the Chairman and Congress of 
     the determination of the Secretary.
       (c) Congressional Approval Required.--If, pursuant to 
     subsection (b), the Secretary determines that the proposed 
     amendment requires the approval of Congress, the Secretary 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives--
       (1) a draft joint resolution approving the amendment;
       (2) a description of the change made by the proposed 
     amendment and an explanation of how the amendment advances 
     the interests of the beneficiaries;
       (3) a comparison of the existing law (as of the date of 
     submission of the proposed amendment) that is the subject of 
     the amendment with the proposed amendment;
       (4) a recommendation concerning the advisability of 
     approving the proposed amendment; and
       (5) any documentation concerning the amendments received 
     from the Chairman.

     SEC. 05. LAND EXCHANGES.

       (a) Notice to the Secretary.--If the Chairman recommends 
     for approval an exchange of Hawaiian home lands, the Chairman 
     shall submit a report to the Secretary on the proposed 
     exchange. The report shall contain--
       (1) a description of the acreage and fair market value of 
     the lands involved in the exchange;
       (2) surveys and appraisals prepared by the Department of 
     Hawaiian Home Lands, if any; and
       (3) an identification of the benefits to the parties of the 
     proposed exchange.
       (b) Approval or Disapproval.--
       (1) In general.--Not later than 120 days after receiving 
     the information required to be submitted by the Chairman 
     pursuant to subsection (a), the Secretary shall approve or 
     disapprove the proposed exchange.
       (2) Notification.--The Secretary shall notify the Chairman, 
     the Committee on Energy and Natural Resources of the Senate, 
     and the Committee on Natural Resources of the House of 
     Representatives of the reasons for the approval or 
     disapproval of the proposed exchange.
       (c) Exchanges Initiated by Secretary.--
       (1) In general.--The Secretary may recommend to the 
     Chairman an exchange of Hawaiian home lands for Federal lands 
     described in section ____03(b)(5), other than lands described 
     in subparagraphs (B) and (C) of such section. If the 
     Secretary initiates a recommendation for such an exchange, 
     the Secretary shall submit a report to the Chairman on the 
     proposed exchange that meets the requirements of a report 
     described in subsection (a).
       (2) Approval by chairman.--Not later than 120 days after 
     receiving a recommendation for an exchange from the Secretary 
     under paragraph (1), the Chairman shall provide written 
     notification to the Secretary of the approval or disapproval 
     of a proposed exchange. If the Chairman approves the proposed 
     exchange, upon receipt of the written notification, the 
     Secretary shall notify the Committee on Energy and Natural 
     Resources of the Senate, and the Committee on Natural 
     Resources of the House of Representatives of the approval of 
     the Chairman of the proposed exchange.
       (3) Exchange.--Upon providing notification pursuant to 
     paragraph (2) of a proposed exchange that has been approved 
     by the Chairman pursuant to this section, the Secretary may 
     carry out the exchange.
       (d) Selection and Exchange.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary may--
       (A) select real property that is the subject of screening 
     activities conducted by the Secretary of Defense or the 
     Administrator of General Services pursuant to applicable 
     Federal laws (including regulations) for possible transfer to 
     Federal agencies; and
       (B) make recommendations to the Chairman concerning making 
     an exchange under subsection (b) that includes such real 
     property.
       (2) Transfer.--Notwithstanding any other provision of law, 
     if the Chairman approves an exchange proposed by the 
     Secretary under paragraph (1)--
       (A) the Secretary of Defense or the Administrator of 
     General Services shall transfer the real property described 
     in paragraph (1)(A) that is the subject of the exchange to 
     the Secretary without reimbursement; and
       (B) the Secretary shall carry out the exchange.
       (3) Limitation.--No Federal lands that generate income (or 
     would be expected to generate income) for the Federal 
     Government may be conveyed pursuant to this subsection to the 
     Department of Hawaiian Home Lands.
       (e) Surveys and Appraisals.--
       (1) Requirement.--The Secretary shall conduct a survey of 
     all Hawaiian home lands based on the report entitled ``Survey 
     Needs for the Hawaiian Home Lands'', issued by the Bureau of 
     Land Management of the Department of the Interior, and dated 
     July 1991.
       (2) Other surveys.--The Secretary is authorized to conduct 
     such other surveys and appraisals as may be necessary to make 
     an informed decision regarding approval or disapproval of a 
     proposed exchange.

     SEC. ____06. ADMINISTRATION OF ACTS BY UNITED STATES.

       (a) Designation.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall designate an 
     individual from within the Department of the Interior to 
     administer the responsibilities of the United States under 
     this title and the Hawaiian Homes Commission Act.
       (2) Default.--If the Secretary fails to make an appointment 
     by the date specified in paragraph (1), or if the position is 
     vacant at any time thereafter, the Assistant Secretary for 
     Policy, Budget, and Administration of the Department of the 
     Interior shall exercise the responsibilities for the 
     Department in accordance with subsection (b).
       (b) Responsibilities.--The individual designated pursuant 
     to subsection (a) shall, in administering the laws referred 
     to in such subsection--
       (1) advance the interests of the beneficiaries; and
       (2) assist the beneficiaries and the Department of Hawaiian 
     Home Lands in obtaining assistance from programs of the 
     Department of the Interior and other Federal agencies that 
     will promote homesteading opportunities, economic self-
     sufficiency, and social well-being of the beneficiaries.

     SEC. ____07. ADJUSTMENT.

       The Act of July 1, 1932 (47 Stat. 564, chapter 369; 25 
     U.S.C. 386a) is amended by striking the period at the end and 
     adding the following: ``: Provided further, That the 
     Secretary shall adjust or eliminate charges, defer collection 
     of construction costs, and make no assessment on behalf of 
     such charges for beneficiaries that hold leases on Hawaiian 
     home lands, to the same extent as is permitted for individual 
     Indians or tribes of Indians under this section.''.

     SEC. ____08. REPORT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Chairman shall report to the 
     Secretary concerning any claims that--
       (1) involve the transfer of lands designated as available 
     lands under section 203 of the Hawaiian Homes Commission Act 
     (as in effect on the date of enactment of such Act); and
       (2) are not otherwise covered under this title.
       (b) Review.--Not later than 180 days after receiving the 
     report submitted under subsection (a), the Secretary shall 
     make a determination with respect to each claim referred to 
     in subsection (a), whether, on the basis of legal and 
     equitable considerations, compensation should be granted to 
     the Department of Hawaiian Home Lands.
       (c) Compensation.--If the Secretary makes a determination 
     under subsection (b) that compensation should be granted to 
     the Department of Hawaiian Home Lands, the Secretary shall 
     determine the value of the lands and lost use in accordance 
     with the process established under section ____03(a), and 
     increase the determination of value made under subparagraphs 
     (A) and (B) of section ____03(a)(1) by the value determined 
     under this subsection.

     SEC. ____09. AUTHORIZATION.

       There are authorized to be appropriated such sums as may be 
     necessary for compensation to the Department of Hawaiian Home 
     Lands for the value of the lost use of lands determined under 
     section ____03. Compensation received by the Department of 
     Hawaiian Home Lands from funds made available pursuant to 
     this section may only be used for the purposes described in 
     section 207(a) of the Hawaiian Homes Commission Act. To the 
     extent that amounts are made available by appropriations 
     pursuant to this section for compensation paid to the 
     Department of Hawaiian Home Lands for lost use, the Secretary 
     shall reduce the determination of value established under 
     section ____03(a)(1)(B) by such amount.

                          ____________________