[Congressional Record Volume 141, Number 145 (Monday, September 18, 1995)]
[House]
[Pages H9068-H9074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               ALASKA NATIVE CLAIMS SETTLEMENT AMENDMENT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
take from the Speaker's table the bill (H.R. 402) to amend the Alaska 
Native Claims Settlement Act, and for other purposes, with a Senate 
amendment thereto, and concur in the Senate amendment.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:
                TITLE I--ALASKA NATIVE CLAIMS SETTLEMENT

     SECTION 101. RATIFICATION OF CERTAIN CASWELL AND MONTANA 
                   CREEK NATIVE ASSOCIATIONS CONVEYANCES.

       The conveyance of approximately 11,520 acres to Montana 
     Creek Native Association, Inc., and the conveyance of 
     approximately 11,520 acres to Caswell Native Association, 
     Inc., by Cook Inlet Region, Inc. in fulfillment of the 
     agreement of February 3, 1976, and subsequent letter 
     agreement of March 26, 1982, among the 3 parties are hereby 
     adopted and ratified as a matter of Federal law. The 
     conveyances shall be deemed to be conveyances pursuant to 
     section 14(h)(2) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(2)). The group corporations for Montana 
     Creek and Caswell are hereby declared to have received their 
     full entitlement and shall not be entitled to receive any 
     additional lands under the Alaska Native Claims Settlement 
     Act. The ratification of these conveyances shall not have any 
     effect on section 14(h) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(h)) or upon the duties and 
     obligations of the United States to any Alaska Native 
     Corporation. This ratification shall not be for any claim to 
     land or money by the Caswell or Montana Creek group 
     corporations or any other Alaska Native Corporation against 
     the State of Alaska, the United States, or Cook Inlet Region, 
     Incorporated.

     SEC. 102. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL 
                   CORPORATIONS.

       Section 22(c) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1621(c)) is amended by adding at the end the 
     following:
       ``(3) This section shall apply to lands conveyed by interim 
     conveyance or patent to a regional corporation pursuant to 
     this Act which are made subject to a mining claim or claims 
     located under the general mining laws, including lands 
     conveyed prior to enactment of this paragraph. Effective upon 
     the date of enactment of this paragraph, the Secretary, 
     acting through the Bureau of Land Management and in a manner 
     consistent with section 14(g), shall transfer to the regional 
     corporation administration of all mining claims determined to 
     be entirely within lands conveyed to that corporation. Any 
     person holding such mining claim or claims shall meet such 
     requirements of the general mining laws and section 314 of 
     the Federal Land Management and Policy Act of 1976 (43 U.S.C. 
     1744), except that any filings that would have been made with 
     the Bureau of Land Management if the lands were within 
     Federal ownership shall be timely made with the appropriate 
     regional corporation. The validity of any such mining claim 
     or claims may be contested by the regional corporation, in 
     place of the United States. All contest proceedings and 
     appeals by the mining claimants of adverse decision made by 
     the regional corporation shall be brought in Federal District 
     Court for the District of Alaska. Neither the United States 
     nor any Federal agency or official shall be named or joined 
     as a party in such proceedings or appeals. All revenues from 
     such mining claims received after passage of this paragraph 
     shall be remitted to the regional corporation subject to 
     distribution pursuant to section 7(i) of this Act, except 
     that in the event that the mining claim or claims are not 
     totally within the lands conveyed to the regional 
     corporation, the regional corporation shall be entitled only 
     to that proportion of revenues, other than administrative 
     fees, reasonably allocated to the portion of the mining claim 
     so conveyed.''.

     SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS 
                   SUBSTANCE CONTAMINATION OF TRANSFERRED LANDS.

       The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.) is amended by adding at the end the following:


        ``claims arising from contamination of transferred lands

       ``Sec. 40. (a) As used in this section the term 
     `contaminant' means hazardous substance harmful to public 
     health or the environment, including friable asbestos.
       ``(b) Within 18 months of enactment of this section, and 
     after consultation with the Secretary of Agriculture, State 
     of Alaska, and appropriate Alaska Native corporations and 
     organizations, the Secretary shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate, a report 
     addressing issues presented by the presence of contaminants 
     on lands conveyed or prioritized for conveyance to such 
     corporations pursuant to this Act. Such report shall consist 
     of--
       ``(1) existing information concerning the nature and types 
     of contaminants present on such lands prior to conveyance to 
     Alaska Native corporations;
       ``(2) existing information identifying to the extent 
     practicable the existence and availability of potentially 
     responsible parties for the removal or remediation of the 
     effects of such contaminants;
       ``(3) identification of existing remedies;
       ``(4) recommendations for any additional legislation that 
     the Secretary concludes is necessary to remedy the problem of 
     contaminants on the lands; and
       ``(5) in addition to the identification of contaminants, 
     identification of structures known to have asbestos present 
     and recommendations to inform Native landowners on the 
     containment of asbestos.''.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
                   IMPLEMENTING REQUIRED RECONVEYANCES.

       Section 14(c) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(c)) is amended by adding at the end the 
     following:
       ``There is authorized to be appropriated such sums as may 
     be necessary for the purpose of providing technical 
     assistance to Village Corporations established pursuant to 
     this Act in order that they may fulfill the reconveyance 
     requirements of section 14(c) of this Act. The Secretary may 
     make funds available as grants to ANCSA or nonprofit 
     corporations that maintain in-house land planning and 
     management capabilities.''.

     SEC. 105. NATIVE ALLOTMENTS.

       Section 1431(o) of the Alaska National Interest Lands 
     Conservation Act (94 Stat. 2542) is amended by adding at the 
     end the following:
       ``(5) Following the exercise by Arctic Slope Regional 
     Corporation of its option under paragraph (1) to acquire the 
     subsurface estate beneath lands within the National Petroleum 
     Reserve--Alaska selected by Kuukpik Corporation, where such 
     subsurface estate entirely surrounds lands subject to a 
     Native allotment application approved under 905 of this Act, 
     and the oil and gas in such lands have been reserved to the 
     United States, Arctic Slope Regional Corporation, at its 
     further option and subject to the concurrence of Kuukpik 
     Corporation, shall be entitled to receive a conveyance of the 
     reserved oil and gas, including all rights and privileges 
     therein reserved to the United States, in such lands. Upon 
     the receipt of a conveyance of such oil and gas interests, 
     the entitlement of Arctic Slope Regional Corporation to in-
     lieu subsurface lands under section 12(a)(1) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1611(a)(1)) shall be 
     reduced by the amount of acreage determined by the Secretary 
     to be conveyed to Arctic Slope Regional Corporation pursuant 
     to this paragraph.''.

     SEC. 106. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE 
                   ALASKA VETERANS FOR ALLOTMENTS.

       (a) In General.--No later than 9 months after the date of 
     enactment of this Act, the Secretary of the Interior, in 
     consultation with the Secretary of Agriculture, the State of 
     Alaska and appropriate Native corporations and organizations, 
     shall submit to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report which shall include, but not 
     be limited to, the following:
       (1) The number of Vietnam era veterans, as defined in 
     section 101 of title 38, United States Code, who were 
     eligible for but did not apply for an allotment of not to 
     exceed 160 acres under the Act of May 17, 1906 (chapter 2469, 
     34 Stat. 197), as the Act was in effect before December 18, 
     1971.
       (2) An assessment of the potential impacts of additional 
     allotments on conservation system units as that term is 
     defined in section 102(4) of the Alaska National Interest 
     Lands Conservation Act (94 Stat. 2375).
       (3) Recommendations for any additional legislation that the 
     Secretary concludes is necessary.
       (b) Requirement.--The Secretary of Veterans Affairs shall 
     release to the Secretary of the Interior information relevant 
     to the report required under subsection (a).

     SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

       (a) Property Transfer.--In order to effect a recision of 
     the ANCSA settlement conveyance to Cook Inlet Region, 
     Incorporated of the approximately 134.49 acres and structures 
     located thereon (``property'') known as the Wrangell 
     Institute in Wrangell, Alaska, upon certification to the 
     Secretary by Cook Inlet Region, Incorporated, that the 
     Wrangell Institute property has been offered for transfer to 
     the City of Wrangell, property bidding credits in an amount 
     of $475,000, together with adjustments from January 1, 1976 
     made pursuant to the methodology used to establish the 
     Remaining Obligation Entitlement in the Memorandum of 
     Understanding Between the United States Department of the 
     Interior and Cook Inlet Region, Incorporated dated April 11, 
     1986, shall be restored to the Cook Inlet Region, 
     Incorporated, property account in the Treasury established 
     under section 12(b) of the Act of January 2, 1976 (Public Law 
     94-204, 43 U.S.C. 1611 note), as amended, referred to in such 
     section as the ``Cook Inlet Region, Incorporated, property 
     account''. Acceptance by the City of Wrangell, Alaska of the 
     property shall constitute a waiver by the City of Wrangell of 
     any claims for the costs of remediation related to asbestos, 
     whether in the nature of participation or reimbursement, 
     against the United States or Cook Inlet Region, Incorporated. 
     The acceptance of the property bidding credits by Cook Inlet 
     Region, Incorporated, Alaska of the property shall constitute 
     a waiver by Cook Inlet Region, Incorporated of any claims for 
     the costs of remediation related to asbestos, whether in the 
     nature of participation or 

[[Page H 9069]]
     reimbursement, against the United States. In no event shall the United 
     States be required to take title to the property. Such 
     restored property bidding credits may be used in the same 
     manner as any other portion of the account.
       (b) Hold Harmless.--Upon acceptance of the property bidding 
     credits by Cook Inlet Region, Inc., the United States shall 
     defend and hold harmless Cook Inlet Region, Incorporated, and 
     its subsidiaries in any and all claims arising from asbestos 
     or any contamination existing at the Wrangell Institute 
     property at the time of transfer of ownership of the property 
     from the United States to Cook Inlet Region, Incorporated.

     SEC. 108. SHISHMAREF AIRPORT AMENDMENT.

       The Shishmaref Airport, conveyed to the State of Alaska on 
     January 5, 1967, in Patent No. 1240529, is subject to 
     reversion to the United States, pursuant to the terms of that 
     patent for nonuse as an airport. The Administrator of the 
     Federal Aviation Administration is hereby directed to 
     exercise said reverter in Patent No. 1240529 in favor of the 
     United States within twelve months of the date of enactment 
     of this section. Upon revesting of title, notwithstanding any 
     other provision of law, the United States shall immediately 
     thereafter transfer all right, title, and interest of the 
     United States in the subject lands to the Shishmaref Native 
     Corporation. Nothing in this section shall relieve the State, 
     the United States, or any other potentially responsible party 
     of liability, if any, under existing law for the cleanup of 
     hazardous or solid wastes on the property, nor shall the 
     United States or Shishmaref Native Corporation become liable 
     for the cleanup of the property solely by virtue of acquiring 
     title from the State of Alaska or from the United States.

     SEC. 109. CONFIRMATION OF WOODY ISLAND AS ELIGIBLE NATIVE 
                   VILLAGE.

       The Native village of Woody Island, located on Woody 
     Island, Alaska, in the Koniag Region, is hereby confirmed as 
     an eligible Alaska Native Village, pursuant to Section 
     11(b)(3) of the Alaska Native Claims Settlement Act 
     (``ANCSA''). It is further confirmed that Leisnoi, Inc., is 
     the Village Corporation, as that term is defined in Section 
     3(j) of ANCSA, for the village of Woody Island.

     SEC. 110. DEFINITION OF REVENUES.

       (a) Section 7(i) of the Alaska Native Claims Settlement 
     Act, Public Law 92-203 (43 U.S.C. 1606(i)), is amended--
       (1) by inserting ``(1)'' after ``(i)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) For purposes of this subsection, the term `revenues' 
     does not include any benefit received or realized for the use 
     of losses incurred or credits earned by a Regional 
     Corporation.''.
       (b) This amendment shall be effective as of the date of 
     enactment of the Alaska Native Claims Settlement Act, Public 
     Law 92-203 (43 U.S.C. 1601, et seq.).
                     TITLE II--HAWAIIAN HOME LANDS

     SEC. 201. SHORT TITLE

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

     SEC. 202. 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. 203. 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 value 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 Home 
     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 

[[Page H 9070]]
     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 appriase 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. 204. 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 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. 205. 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 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 203(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 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 (c) 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. 206. 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 

[[Page H 9071]]
     Interior and other Federal agencies that will promote homesteading 
     opportunities, economic self-sufficiency, and social well-
     being of the beneficiaries.

     SEC. 207. 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. 208. 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 203(a), and 
     increase the determination of value made under subparagraphs 
     (A) and (B) of section 203(a)(1) by the value determined 
     under this subsection.

     SEC. 209. 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 203. 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 203(a)(1)(B) by such amount.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska [Mr. Young] will be recognized for 20 minutes, and the gentleman 
from Hawaii [Mr. Abercrombie] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Alaska [Mr. Young].
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R. 
402, as amended in the Senate. This bill is the result of a 2\1/2\-year 
effort of the Alaska Federation of Natives, the State of Alaska, the 
administration, and my ranking minority member, Mr. Miller, and I thank 
them for their dedication and hard work. Sections 101 and 107 of title 
I of this bill have already passed the House in previous Congresses but 
were not acted on by the Senate.
  H.R. 402 makes several technical changes to the Alaska Native Claims 
Settlement Act of 1971 [ANCSA] and the Alaska National Interests Land 
Conservation Act to address some of the unresolved land issues which 
have arisen since the passage of these Acts. This bill also adds a new 
title to address the issue of Hawaiian Home Lands.
  Title I includes specific land conveyances to Native corporations, 
the clarification of mining authority and administration of mining 
claims on lands conveyed to Native corporations, an authorization for 
technical assistance to Native villages to help with land reconveyances 
required under ANCSA, a report on Vietnam-era veterans who were 
eligible but did not receive land under the Native Allotment Act of May 
17, 1906, the confirmation of Woody Island, AK, as an eligible Alaska 
Native village under ANCSA and further clarification regarding the 
application of section 7(i) of the ANCSA revenue sharing provision to 
Alaska Native Regional corporations.
  Title II authorizes the Secretary of the Interior to begin the 
negotiation process for 1,400 acres of Federal lands to be conveyed to 
the Department of Hawaiian Home Lands in exchange for Hawaiian Home 
Lands retained by the Federal Government and for compensation for lost 
use of these lands. This is an authorization only to establish a 
process for the exchange of lands as authorized in the Hawaiian Home 
Lands Recovery Act.
  Mr. Speaker, all these provisions are long awaited, by both my Alaska 
Native constituency and the Hawaiian Native constituency to resolve 
some of the land disputes in the respective Native homelands and 
States.
  I want to thank Chairman Kasich and his staff for their thorough 
review of this bill in a short period of time and their cooperation in 
scheduling this bill on today's program.
  Mr. Speaker, I would suggest respectfully that one of the most 
frustrating things I have in this profession of mine is when I have 
people come to me and suggest ``we should have been notified.'' This 
bill has been on the burner for a long, long time, and the Senate 
provision for the Hawaiian homelands has been passed by the Senate 
many, many months ago. Now people are raising some questions, I want to 
suggest redundantly. I think those questions are moot, and should not 
be answered at this time because they are not germane to the subject we 
are discussing today.
  Mr. Speaker, I urge my colleagues to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  (Mr. ABERCROMBIE asked and was given permission to revise and extend 
his remarks.)
  Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to say to my good friend from Alaska [Mr. 
Young] that I very much appreciate the remarks that he has made. Unless 
I misunderstood him, I think that some of the objections being raised 
are moot, rather than mute. Unfortunately, very few of the activities 
and actions on this floor take place in a mute situation. We may wish 
for more of that before we are through.
  Unfortunately the gentleman from Alaska [Mr. Young] has probably 
missed the general tenor of my remarks in the last minute or so, 
because he is otherwise preoccupied. I hope he will, however, be able 
to take note of the fact that I rise in support of the legislation 
which passed the House without controversy on March 14 of this year. 
That bill was the product, as the gentleman from Alaska [Mr. Young] has 
noted, of a lengthy process and negotiation between the Department of 
the Interior, the State of Alaska, and the Alaska Federation of Natives 
and other interested parties, one of whom obviously, of course, is the 
State of Hawaii.
  It was substantially the same as legislation passed in the last 
Congress, and it dealt with a number of matters of importance to native 
Alaskans and to native Hawaiians.
  However, Mr. Speaker, the bill before us today has been amended by 
the other body and can no longer be described as legislation that 
resembled that which I previously noted. To be clear, the Department of 
the Interior has certain concerns about some of the provisions added by 
the other body.
  In this case, however, I defer to the judgment of the gentleman from 
Alaska [Mr. Young] as to what is in the best interests of the Alaskan 
natives. I would hope, Mr. Speaker, that our colleagues would do that 
for the gentleman from Alaska [Mr. Young] and myself. I urge my 
colleagues to support the bill.
  Mr. Speaker, I want to say in addition how much I appreciate the 
concerns and the attention paid by the gentleman from Alaska [Mr. 
Young] and the Committee on Resources staff to this bill. The gentleman 
is quite correct that this has taken actually years to get through. 
Some sections of it have been months in the making. Hearings have been 
held.
  I think that it is fair to say that this has been acted on in a 
bipartisan way, based on the merits rather than on some of the fears 
and anxieties that might otherwise have attended this bill.
  Mr. Speaker, I do hope that our colleagues will recognize that this 
bill has been put together on the basis of good will and good faith, 
and that the matters to be dealt with in the bill have long since 
passed the point of reasonable time to have them resolved.
  Mr. Speaker, I rise in strong support of title II, the Hawaiian Home 
Lands Recovery Act, contained in H.R. 402, the Alaska Native Claims 
Settlement Act. The Hawaiian Home Lands Recovery Act demonstrates a 
good faith effort by the Federal Government regarding the settlement of 
claims by the Department 

[[Page H 9072]]
of Hawaiian Home Lands. In simpler terms, this is a land exchange bill 
from the Federal Government to the Department of Hawaiian Home Lands to 
make the covenant whole in regards to the set aside of lands 
established under the Hawaiian Homes Commission Act.
  Over 70 years have elapsed since Congress passed the Hawaiian Homes 
Commission Act of 1920 [HHCA]. Under the HHCA approximately 203,500 
acres of public land was set aside for the ``rehabilitation'' of Native 
Hawaiians through a Government-sponsored homesteading project. Two 
major factors prompted Congress to pass the HHCA. First, the Native 
Hawaiians were a dying race. Population data showed that the number of 
full-blooded Hawaiians in the territory had decreased from an 1826 
estimate of 142,650 to 22,600 in 1919. Second, Congress saw that 
previous systems of land distribution were ineffective when judged 
practically by the benefits accruing to Native Hawaiians.
  The HHCA was originally intended for rural homesteading, i.e., for 
Native Hawaiians to leave urban areas and return to the lands to become 
subsistence or commercial farmers and ranchers. Yet, the demand of 
Native Hawaiians for residential house lots has far exceeded the demand 
for agricultural or pastoral lots.
  Since the State of Hawaii essentially assumed the duties of 
management and disposition of the Hawaiian home lands under the 
Statehood Admission Act, why would an action be considered a Federal 
breach?
  Federal--because (1) these wrongful actions took place prior to 
statehood, in a time period when Hawaii was under Federal jurisdiction, 
and in which title to the land was held by the U.S. Government; or, (2) 
are continuing wrongful actions for which the Federal Government is 
responsible and only the Federal Government can remedy.
  Breach--because the wrongful actions are breaches of responsibility 
under statute, by judicial or legislative findings, through trust law, 
or moral obligations. Alienation of land, and use of the land for 
purposes that are not authorized under the HHCA constitute breaches of 
the trust. There are numerous examples of these breaches in the 
territorial period. 1,400 acres of identified Hawaiian home lands.
  The Hawaiian Home Lands Recovery Act seeks to redress this issue by 
authorizing the transfer of Federal lands to the Department of Hawaiian 
Home Lands in exchange for Hawaiian home lands retained by the Federal 
Government. Although the term ``exchange'' is used in this legislation, 
there is no expectation that DHHL will relinquish land to the Federal 
Government. DHHL need only relinquish any remaining claim it may have 
to former home lands now controlled by the Federal Government. The bill 
would also provide compensation for lost use of Hawaiian home lands 
controlled by the Federal Government.
  In advance of land being conveyed to the Department of Hawaiian Home 
Lands under sections 203(b) and 203(f) of the bill, the Secretary of 
the Interior is required to determine the value of lands currently 
controlled by the Federal Government that were designated as available 
lands under the Hawaiian Homes Commission Act. It is important to note 
that section 203(a)(1)(A)(i) states that this determination is to be 
made based upon the HHCA, as enacted. Thus, the valuation shall include 
lands designated as home lands under the 1920 Act that are not 
currently part of the home land inventory, whether the withdrawal 
occurred as a result of executive action, or through an act of 
Congress. The Secretary is also required to determine the value of the 
lost use of lands currently controlled by the Federal Government so 
that this, too, can be compensated.
  The valuation required by the legislation is not intended to be a 
unilateral action by the Secretary. On the contrary, section 
203(a)(2)(A) requires the use of a valuation method that is acceptable 
to the Chairman of the Department of Hawaiian Home Lands and, most 
importantly, is in the best interests of the beneficiaries. These two 
conditions exist regardless of whether the Secretary uses an appraisal 
or non-appraisal method of valuation. Section 203(a)(2)(A) requires the 
Secretary to be an advocate for the best interests of Hawaiian home 
beneficiaries in reaching a determination of value. Thus the Secretary 
has a fiduciary responsibility for seeing to it that the beneficiaries 
receive the maximum possible compensation.
  Under section 203(a), the Secretary need not determine the value of 
land and lost use by appraisal. The committee included a provision 
allowing valuation by a method other than appraisal in order to promote 
a speedy resolution of this longstanding conflict. The committee 
considers valuation by mutual agreement to be far preferable to the 
burdensome process of appraisal. During our hearings on this 
legislation, the Senate Energy and Natural Resources Committee was 
advised that the State of Hawaii had appraised most of the Federal 
properties in question. The GAO, in their report to the committee, 
analyzed the State appraisals and found the appraisal methodology used 
by the State was appropriate and that proper accounting principles were 
employed. The State appraisals therefore supplant the need for a 
separate appraisal by the Department of the Interior.
  In the unfortunate event that the Interior Department decides to 
proceed with an appraisal, a number of specific safeguards have been 
instituted to ensure that the Department properly discharges its 
fiduciary responsibility to protect the interests of the Hawaiian home 
beneficiaries. These include a guarantee that the chairman of the 
Department of Hawaiian Home Lands shall have the opportunity to present 
evidence of the value of the home lands that were lost as well as the 
value of the lost use of these lands, the right to review and comment 
on a preliminary copy of the appraisal, and most importantly, the 
requirement that the Secretary give full consideration of the evidence 
of value presented by DHHL. Given the responsibility under section 
203(a)(2)(A) that the Secretary represent the best interests of the 
beneficiaries, the requirement in section 203(a)(4)(B) is not 
ephemeral. When construed together, these provisions require the 
Secretary to give great weight to the recommendations of the DHHL on 
matters of value, especially if the interests of home land 
beneficiaries would be advanced by doing so.
  In addition to all these protections, the Chairman of the Department 
of Hawaiian Home Lands has the right to dispute the determinations of 
value for land and lost use. Thus it is unmistakably clear that the 
Secretary and the chairman of DHHL must mutually consent to the values 
to be determined under section 203 of the bill.
  Section 203(b) authorizes the conveyance of land to the Department of 
Hawaiian Home Lands as compensation for lost lands, and the lost use of 
home lands retained by the Federal Government. This section further 
authorizes the head of any Federal agency to transfer land and 
structures to the Secretary of the Interior for subsequent conveyance 
to DHHL. I want to contrast the two-step conveyance process described 
in section 203(b)(5) with the authority for the General Services 
Administration or the Department of Defense to convey property directly 
to DHHL under Section 203(f)(6) of the bill. A section 203(f)(6) 
conveyance would be a direct transfer of title, without intervention by 
the Department of the Interior, whereas the Interior Department would 
act as a transfer agent for conveyances executed under section 
203(b)(5). Let me point out, however, that although jurisdiction and 
control of land would be transferred to the Interior Department under a 
section 203(b)(5) conveyance, the Interior Department's responsibility 
in completing the transfer is nothing more than a ministerial function. 
In this case the agency serves as a conduit for consummating the 
transfer of title to the DHHL.
  Section 203(f) of the bill establishes a second means of conveying 
lands to the Department of Hawaiian Home Lands by allowing DHHL to 
obtain lands that are excess to the needs of individual Federal 
agencies. Subsection (f) places the Department of Hawaiian Home Lands 
in the same, or better, status as a Federal agency for the purpose of 
being notified of excess property and for obtaining the property from 
the excessing agency. Under no circumstances should the land that has 
been selected by the Chairman for appraisal under section 203(f)(2), 
and possible conveyance under section 203(f)(5), be transferred or 
otherwise disposed of by any Federal agency until the opportunity of 
the DHHL to obtain the land has expired.
  Finally, let me comment on section 207 of the bill. This section 
establishes a cost sharing for Bureau of Reclamation projects on 
Hawaiian home lands that is the same as the cost sharing authorized for 
projects on Indian lands.
  Mr. Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Colorado [Mr. Hefley].
  Mr. HEFLEY. Mr. Speaker, I rise to express concern to H.R. 402, the 
Alaska Native Claims Settlement Act Amendments. I do so reluctantly and 
for reasons that have nothing to do with the underlying measure which 
has already passed the House.
  Title I of H.R. 402, concerning the settlement of Alaskan Native 
claims, is legislation which deserves the support of the House. My 
qualms about this legislation reside wholly in title II which was added 
by the Senate.
  Title II of the bill, the Hawaiian Home Lands Recovery Act, raises a 
number of issues that have not been adequately addressed here in the 
House. The legislation proposes to establish a system to resolve 
Hawaiian native claims against the Federal Government in disputes over 
lands which 

[[Page H 9073]]
were allegedly diverted during territorial times from a Federal 
homesteading program for native Hawaiians to military use by the United 
States. As the chairman of the Subcommittee on Military Installations 
and Facilities, I have a number of serious questions about the 
legislation sent to the House by the Senate.
  My two principal concerns involve the conflict between this 
legislation and the disposal process put into place for excess military 
property under the base closure and realignment process and the 
possible effects of title II on the operational requirements for the 
Armed Forces in Hawaii. I'm concerned that the reuse and disposal of 
excess property at Naval Air Station Barbers Point will be seriously 
disrupted by this bill. Title II also holds open the prospect that the 
Department of Defense, particularly the Navy, could be evicted from 
certain lands essential for the continued performance of the 
Department's national defense mission merely to satisfy land claims of 
possibly dubious merit.
  Mr. Speaker, it is my understanding that the Department of Defense 
and the Department of the Navy have expressed grave concern about the 
enactment of title II of H.R. 402. The Department may have legitimate 
concerns or the Department may be overreacting. We don't know because 
there have been no hearings on title II of which I am aware. In my 
view, we should have a better understanding of the implications of 
running with the Senate amendment before proceeding.
  I would prefer sending this bill back to the Senate without title II. 
That would allow the underlying measure concerning Alaskan Native 
claims to proceed, but would also allow us some time to take a look at 
the Senate amendment.

                              {time}  1545

  Mr. ABERCROMBIE. Mr. Speaker, will the gentleman yield?
  Mr. HEFLEY. I yield to the gentleman from Hawaii.
  Mr. ABERCROMBIE. Mr. Speaker, I recognize the concerns of the 
gentleman from Colorado [Mr. Hefley] and telephoned him earlier today 
when I became aware of the mirrors that had been raised this late in 
the game. I did not see the particular memorandum to which he referred 
in much of his remarks until just about an hour or less than an hour 
before these proceedings.
  I can assure the gentleman as well as the gentleman from Alaska [Mr. 
Young], that, had I been aware of some of these presumed objections 
earlier, I certainly would have brought to everyone's attention.
  The fact is, if the gentleman will allow me just a few moments to go 
over the history very quickly here, this particular section in title II 
has been before the Congress for 15 months now. Apparently the 
Department of Defense discovered it in August of this year. That may be 
more of a reflection on the capabilities of the Department of Defense 
to get its work done than it is on the deliberative processes in either 
body in our national legislature.
  I regret to say, Mr. Speaker, that the memorandum prepared for Mr. 
Mark Wagner, the Assistant Secretary for Defense Economic Security, 
whatever that is, on the subject of the Department of Hawaiian Home 
Lands, dated August 7, 1995, was written by a deputy, which amounts to, 
I am afraid, a series of editorial comments having no factual basis in 
the legislation. It is a little bit difficult to respond to what 
amounts to ad hominem commentary, but I will do my best to do that.

  Mr. Speaker, there is also another memo dated August 29 of this year 
from the Department of Defense to the Office of Management and Budget 
which goes to several points. It states, and I want to indicate this to 
the gentleman from Alaska [Mr. Young] and to the gentleman from 
Colorado [Mr. Hefley], that the Department is not discussing the merits 
of the claims in the memo, which I find extraordinary. If it is not 
discussing the merits of the claims, why is it discussing it at all?
  I will repeat that. The Department is not discussing the merits of 
the claims. The claims go to two or three points that the gentleman 
from Colorado [Mr. Hefley] correctly raised as a result of receiving 
these memos.
  The applicability of property at military installations closed or 
realigned pursuant to the base closure law, potential displacement from 
property essential for the performance of mission, and creation of 
special appraisal standards.
  I can assure the gentleman, and I am sure the gentleman from Alaska 
[Mr. Young] will in turn assure the gentleman, that the legislation as 
written in 402 and in section 2 does not in any way obviate any of 
those purposes of the base closure law or any performance of mission, 
nor anything having to do with special appraisal standards. The 
comments are entirely editorial in nature and amount to ad hominem 
commentary.
  I can, if the gentleman from Alaska [Mr. Young] desires it or the 
gentleman from Colorado [Mr. Hefley] desires it, submit in detail for 
the record or say it now on the floor point by point with a refutation, 
if you will, of these concerns. I can assure the gentlemen it is 
neither the intent of the legislation nor is the content of the 
language so far as I am able to determine, that any of these concerns 
are anything other than editorial abstractions.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to add to the comments of the gentleman 
from Hawaii.
  I understand the concern of the gentleman from Colorado. In my 
opening statement I mentioned that I was very concerned. This is not a 
new issue. I was, first, not notified by the Navy nor the national 
security branch that, so when I did find out that this possibly 
occurred, I contacted not only the two senior Senators from Hawaii, I 
also contacted by senior Senator from Alaska.
  I know I am not supposed to mention the other body. They said there 
was no problem. They had had the review and decided that these concerns 
were unwarranted. So I am still a little bit concerned that the Navy, 
after 15 months, now would editorialize and throw up this sort of 
smokescreen, if I may call it. Really what it means is they just do not 
want to get rid of anything they have, even though it is for a 
legitimate reason and a legitimate right, and to have justice served, 
this provision should be adopted.
  It bothers me because, if this is a brandnew issue, it has been 
sprung on the House, it would be a different story. It was not sprung 
on the House. This has been around for a long, long time. We hear 
Friday now that these things may occur which, as was said before, there 
is no documentation, in fact backing up their premise.
  So I am urging my Members to reject the argument from the Navy 
because I think they are flat wrong.
  Mr. ABERCROMBIE. Mr. Speaker, will the gentleman yield?
  Mr. YOUNG of Alaska. I yield to the gentleman from Hawaii.
  Mr. ABERCROMBIE. Mr. Speaker, I hope the gentleman agrees with me 
that perhaps there is not even an argument being made so much as 
questions being raised. To that degree, if I may be granted just a 
moment or two more both for the benefit of our colleagues, the 
committee, and for the gentleman from Colorado [Mr. Hefley], with whom 
I have worked very, very closely and for whom I have great respect. If 
the gentleman will just give me a moment, I will state for the record 
so that it is explicit, Mr. Speaker.
  With respect to H.R. 402 and the base closure, commonly known as the 
BRAC, all the decisions to close and realign bases in Hawaii or 
elsewhere will continue to stand and will not be affected by this 
legislation.
  With respect to the Barbers Point situation, Barbers Point Naval Air 
Station, which is the most recent base closure report proposed, 
proposed by the BRAC Commission, a modification to the previous base 
closure decision, H.R. 402 will not interfere with that decision to 
implement the modified closure decision at Barbers Point.
  On the base reuse and local reuse issue, which was raised, on the 
question of title II of H.R. 402 and affecting the reuse of Hawaii 
military bases or any other bases under the BRAC by the local reuse 
committees, let me make the following points: the bill contains a very 
tight restriction on the ability of the Department of Hawaiian Home 
Lands to obtain base closure properties in order to secure a favorable 
CBO scoring of the bill. The legislation excludes--and this is for 
everything in 

[[Page H 9074]]
the legislation, not just title II, as the gentleman from Alaska [Mr. 
Young] knows--the legislation excludes any Federal lands that would 
generate income or would be expected to generate income for the Federal 
Government.
  This restriction appears in the bill in three separate instances and 
represents a major hurdle for the acquisition of base closure property 
by anybody in those circumstances, including Hawaiian homeland.
  Second, I pointed out that the CBO and the Department of Defense 
expect that any reuse of the Barbers Point land would generate income 
for the Federal Government. I should also note that Barbers Point is 
the only site in Hawaii that is eligible for reuse under the base 
closure process. Given the fact that no lands that could generate 
revenue for the Federal Government would be eligible for 
acquisition under this bill, a transfer of Barbers Point land to the 
Department of Hawaiian Home Lands does not appear to be a question.

  Finally, I understand the Department of Defense has raised a concern 
that H.R. 402 might disadvantage the interests of base reuse committees 
in Hawaii. Let me reassure my colleagues, there is no legislative 
language to that effect, nor no intent to that effect or in this 
regard. This concern is without substance.
  As I pointed out earlier, we have a rather unique situation at the 
Barbers Point Naval Air Station in which the most recent base closure 
report proposal had a modification to the previous base closure 
decision.
  I will tell the Members what that modification is. It is to ensure 
that the Navy keeps the beaches, the recreational beaches. I have an 
idea, Mr. Speaker and Mr. Hefley, that this whole thing has been 
generated because there they are afraid that possibly some objections 
might be raised that the beaches in and the cottages attendant to the 
beaches might somehow fall into the hands of the Hawaiian people.
  I will state for the record here that I voted for the Base Closure 
Commission report, the modified report, in which it says the two 
beaches--and I can name the beaches for you, I have them here, Nimitz 
Beach and White Plains Beach, beach recreational areas. That is the 
modification, to retain them, that they will be in there.
  All I am asking for is access to them. I am perfectly content to have 
the Navy retain the beaches in Hawaii as vital to the necessary 
strategic military importance of the United States in the Pacific. But 
to have an entire bill that has been worked out in good faith on a 
bipartisan basis for the better part of 2\1/2\ years, to be objected to 
at this point or subject to some kind of scrutiny other than on the 
basis of the merits, seems to be outrageous.
  The Navy can have the beaches. Can we please have the bill?
  That was a rhetorical pause. Maybe we could exchange beaches, Mr. 
Speaker, for some beaches in Alaska, perhaps above the Arctic Circle. 
Do you think they would be interested in that exchange?
  Mr. YOUNG of Alaska. Mr. Speaker, I am confident the Navy would not 
be interested in beaches in Alaska.
  Mr. Speaker, I again stress for my colleagues to vote for this 
legislation. It is long overdue.
  I am very concerned, as the gentleman from Hawaii has mentioned, that 
at this late date that these questions might arise. It is an example, I 
think, of some incompetency down in the department, and I say that with 
some reservation in the sense I cannot blame everybody, maybe just one 
enthusiastic individual. I know Secretary Dalton has been talked to. I 
had hoped that there would be a total turndown of this and I expect 
that before we do vote on this legislation, if we vote on this 
legislation.
  Mr. FALEOMAVAEGA. Mr. Speaker, in 1921 Congress enacted the Hawaiian 
Homes Commission Act to preserve and protect a way of life for native 
people on the Islands of Hawaii. The act put aside approximately 
200,000 acres of land for the exclusive use and benefit of native 
Hawaiians. The purpose was to use these lands as a homesteading program 
to return native Hawaiians to their lands.
  Unfortunately, the program was destined to fail from the outset. 
Between 1921 and 1959 when Hawaii became a State, the program was 
administered by the Federal Government through a succession of 
territorial Governors. During Federal control, large portions of the 
lands were withdrawn. All the best and most productive lands were 
taken, leaving mostly marginal lands which couldn't support housing or 
agriculture. The native Hawaiian community received no benefit from the 
lands taken.
  In 1984 much of the land was returned but the Federal Government both 
continued to retain the best lands and provided no compensation for 
lost use.
  Title II of H.R. 402 sets up a process whereby the Federal Government 
can exchange Federal lands within the State of Hawaii as a means of 
settling claims against the United States. The Secretary of the 
Interior would also be authorized to convey lands to the Department of 
Hawaiian Home Lands as compensation for lost use of those lands.
  To be honest, I wish this bill went further and demanded back the 
valuable lands stolen from the native Hawaiians against the directive 
of the Congress. However, I defer to the wisdom of the only native 
Hawaiian to serve in the U.S. Senate, my good friend the Senator of 
Hawaii who authored this legislation. I also want to commend my 
colleagues Mr. Abercrombie and Mrs. Mink for their efforts in moving 
this legislation.
  I urge my colleagues to support this bill.
  Mr. ABERCROMBIE. Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I urge passage of this very 
important legislation for the good of all.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Foley). The question is on the motion 
offered by the gentleman from Alaska [Mr. Young] that the House suspend 
the rules and concur in the Senate amendment to H.R. 402.
  The question was taken.
  Mr. RICHARDSON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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