[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H11622-H11626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OMNIBUS INSULAR AREAS OF ACT OF 1996
Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1332) to establish certain policies and responsibilities
with respect to the administration of the Rongelap Resettlement Trust
Fund, and for other purposes, as amended.
The Clerk read as follows:
H.R. 1332
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus
Insular Areas Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Temporary absence of officials clarified.
Sec. 3. Amendments to priority of bonds and other obligations.
Sec. 4. Commission on the economic future of the Virgin Islands.
Sec. 5. Repeal of separate ballot requirement.
Sec. 6. Insular funding clarification.
Sec. 7. American Memorial Park.
Sec. 8. American Samoa Study Commission.
Sec. 9. Hawaiian Homes Commission.
SEC. 2. TEMPORARY ABSENCE OF OFFICIALS CLARIFIED.
Section 14 of the Revised Organic Act of the Virgin Islands
(48 U.S.C. 1595) is amended by adding at the end the
following new subsection:
``(g) An absence from the Virgin Islands of the Governor or
the Lieutenant Governor, while on official business shall not
be a `temporary absence' for purposes of this section.''.
SEC. 3. AMENDMENTS TO PRIORITY OF BONDS AND OTHER
OBLIGATIONS.
(a) Authority To Issue Obligations.--Section 3 of the Act
entitled ``An Act to authorize the government of the Virgin
Islands to issue bonds in anticipation of revenue receipts
and to authorize the guarantee of such bonds by the United
States under specified conditions, and for other purposes'',
approved August 19, 1976 (48 U.S.C. 1574c), is amended--
(1) by striking ``priority for payment'' and inserting in
lieu thereof ``a parity lien with every other issue of bonds
or other obligations issued for payment''; and
(2) by striking ``in the order of the date of issue''.
(b) Application.--The amendments made by this section shall
apply to obligations issued on or after the date of the
enactment of this Act.
SEC. 4. COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN
ISLANDS.
(a) Establishment and membership.--
(1) In general.--There is hereby established a Commission
on the Economic Future of the Virgin Islands (hereafter in
this section referred to as the ``Commission''). The
Commission shall consist of six members appointed by the
President, two of whom shall be selected from nominations
made by the Governor of the Virgin Islands. The President
shall designate one of the members of the Commission to be
Chairman.
(2) Secretary of interior ex officio member.--In addition
to the six members appointed under paragraph (1), the
Secretary of the Interior shall be an ex-officio member of
the Commission.
(3) Members appointed by president.--Members of the
Commission appointed by the President shall be persons who by
virtue of their background and experience are particularly
suited to contribute to achievement of the purposes of the
Commission.
(4) Compensation.--Members of the Commission shall serve
without compensation, but may be reimbursed for travel,
subsistence and other necessary expenses incurred by them in
the performance of their duties.
(5) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment was
made.
(b) Purpose and Report.--
(1) Purpose.--The purpose of the Commission is to make
recommendations to the President and Congress on the policies
and actions necessary to provide for a secure and self-
sustaining future for the local economy of the Virgin Islands
through 2020 and on the role of the Federal Government. In
developing recommendations, the Commission shall--
(A) solicit and analyze information on projected private
sector development and shifting tourism trends based on
alternative forecasts of economic, political, and social
conditions in the Caribbean;
(B) analyze capital infrastructure, education, social,
health, and environmental needs in light of these alternative
forecasts; and
(C) assemble relevant demographic, economic, and revenue
and expenditure data from over the past 25 years.
(2) Recommendations and report.--The recommendations of the
Commission shall be transmitted to the President, the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives no later than June 30, 1998.
The report shall set forth the basis for the recommendations
and include an analysis of the capability of the Virgin
Islands to meet projected needs based on reasonable
alternative economic, political, and social conditions in the
Caribbean, including the expansion in the near future of Cuba
to trade, tourism, and development.
(c) Powers.--
(1) In general.--The Commission may--
(A) hold such hearings, sit and act at such times and
places, take such testimony and receive such evidence as it
may deem advisable;
(B) use the United States mail in the same manner and upon
the same conditions as departments and agencies of the United
States; and
(C) within available funds, incur such expenses and enter
into contracts or agreements for studies and surveys with
public and private organizations and transfer funds to
Federal agencies to carry out the Commission's functions.
(2) Technical and administrative support.--Within funds
available for the Commission, the Secretary of the Interior
shall provide such office space, furnishings, equipment,
staff, and fiscal and administrative services as the
Commission may require.
(3) Assistance from federal agencies.--The President, upon
request of the Commission, may direct the head of any Federal
agency or department to assist the Commission and if so
directed such head shall--
(A) furnish the Commission to the extent permitted by law
and within available appropriations such information as may
be necessary for carrying out the functions of the Commission
and as may be available to or procurable by such department
or agency; and
(B) detail to temporary duty with the Commission on a
reimbursable basis such personnel within his administrative
jurisdiction as the Commission may need or believe to be
useful for carrying out its functions, each such detail to be
without loss of seniority, pay or other employee status.
(d) Chairman.--Subject to general policies that the
Commission may adopt, the chairman of the Commission shall be
the chief executive officer of the Commission and shall
exercise its executive and administrative powers. The
chairman may make such provisions as he may deem appropriate
authorizing the performance of his executive and
administrative functions by the staff of the Commission.
(e) Funding.--The Department of the Interior is authorized
to provide up to $300,000 in each of the fiscal years 1997
and 1998 in technical assistance funding for the work of the
Commission.
(f) Termination.--The Commission shall terminate three
months after the transmission of the report and
recommendations under subsection (b)(2).
SEC. 5. REPEAL OF SEPARATE BALLOT REQUIREMENT.
(a) In General.--Section 2(a) of the Act entitled ``An Act
to provide that the unincorporated territories of Guam and
the Virgin Islands shall each be represented in Congress by a
Delegate to the House of Representatives'' approved April 10,
1972 (48 U.S.C. 1712(a)), is amended--
(1) by striking ``, by separate ballot and''; and
(2) by inserting after the second sentence the following
new sentence: ``The Delegate representing the Virgin Islands
shall be elected by separate ballot.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect January 1, 1997.
SEC. 6. INSULAR FUNDING CLARIFICATION.
The second sentence of subsection (a) of section 703 of the
Northern Mariana Islands Covenant, as contained in section 1
of Public Law 94-241 (48 U.S.C. 1801 note), shall be
construed as if ``of the Government of the Northern Mariana
Islands'' were stricken.
SEC. 7. AMERICAN MEMORIAL PARK.
Section 5 of Public Law 95-348 (92 Stat. 492) is amended by
striking subsection (f).
SEC. 8. AMERICAN SAMOA STUDY COMMISSION.
(a) Findings.--The Congress finds that--
(1) the islands of Tutuila and Manua, and certain other
islands that compose American Samoa, were ceded by the chiefs
of the islands to the United States by two treaties or deeds
of cession which were submitted to the United States Congress
on April 10, 1900, and July 16, 1904;
(2) American Samoa's status as an unorganized and
unincorporated territory of the United States, and American
Samoa's political relationship to the United States, are not
clearly defined in any single document;
(3) there is a need for a comprehensive study and review of
the historical and legal basis of American Samoa's political
relationship with the United States, including--
[[Page H11623]]
(A) a comprehensive report on American Samoa's present
political relationship with the United States, as compared to
other relationships such as independence, commonwealth, and
free association; and
(B) an examination of whether the treaties or deeds of
cession created trust obligations to American Samoa on the
part of the United States;
(4) the economic and social needs of American Samoa are
substantially affected by the nature of American Samoa's
political relationship with the United States; and
(5) there is a need for a comprehensive study also of
Swains Island and its historical relationship with the
Tokelau Island Group.
(b) Establishment.--There is established a commission to be
known as the ``American Samoa Study Commission'' (hereafter
in this section referred to as the ``Commission'').
(c) Duties.--
(1) In general.--It shall be the duty of the Commission--
(A) to study and evaluate all the factors that led to
American Samoa's political relationship with the United
States, including--
(i) the events that led to the cession to the United States
of the islands that compose American Samoa; and
(ii) the constitutions, statutes, treaties, and agreements
that affect American Samoa's political relationship with the
United States;
(B) to document and report on the nature of American
Samoa's political relationship with the United States; to
document and also report on such political relationships as
independence, commonwealth, and free association;
(C) to study and evaluate the impact of American Samoa's
political status and relationship with the United States (as
determined by the Commission under subparagraph (B)) on the
economic and social needs of American Samoa and its
residents;
(D) to study and report on whether the 1900 and 1904
instruments of cession were indeed treaties or deeds and how
such instruments are recognized under international law; and
(E) to study and report on options available to improve
American Samoa's economic self-sufficiency, given its remote
location, limited land size, and changing world economics.
(2) Consultation.--The Commission shall, to the maximum
extent practicable, consult with American Samoans in carrying
out the duties of the Commission under paragraph (1).
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of five members appointed as follows:
(A) Three members appointed by the Secretary of Interior,
including--
(i) one member appointed from among three individuals
nominated by the legislature of the Territorial government of
American Samoa; and
(ii) one member appointed from among three individuals
nominated by the Governor of American Samoa.
(B) One member appointed by the Speaker of the United
States House of Representatives.
(C) One member appointed by the President of the United
States Senate.
(2) Terms.--Each member shall be appointed for the life of
the Commission.
(3) Compensation.--Members of the Commission shall serve
without compensation, but may be reimbursed for travel,
subsistence and other necessary expenses incurred by them in
the performance of their duties.
(4) Quorum.--Three members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(5) Chairperson; vice chairperson.--The chairperson and
vice chairperson of the Commission shall be elected by the
members.
(6) Meetings.--(A) Not later than the expiration date of
the 90 day period beginning on the date of the enactment of
this Act, the Secretary of the Interior shall call the
initial meeting of the members of the Commission.
(B) The chairperson or a majority of the members of the
Commission shall call any meeting of the Commission that
occurs after the meeting called under subparagraph (A).
(e) Technical and administrative support.--
(1) In general.--Within funds available for the Commission,
the Secretary of the Interior shall provide such office
space, furnishings, equipment, staff, and fiscal and
administrative services as the Commission may require.
(2) Assistance from federal agencies.--The President, upon
request of the Commission, may direct the head of any Federal
agency or department to assist the Commission and if so
directed such head shall--
(A) furnish the Commission to the extent permitted by law
and within available appropriations such information as may
be necessary for carrying out the functions of the Commission
and as may be available to or procurable by such department
or agency; and
(B) detail to temporary duty with the Commission on a
reimbursable basis such personnel within his administrative
jurisdiction as the Commission may need or believe to be
useful for carrying out its functions, each such detail to be
without loss of seniority, pay or other employee status.
(f) Powers of Commission.--
(1) Hearings.--(A) The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at
times and locations, take testimony, and receive evidence as
the Commission considers appropriate.
(B)(i) The Commission shall conduct at least 1 hearing at
any location on each of--
(I) Tutuila;
(II) Ofu;
(III) Olosega; and
(IV) Tau.
(ii) The Commission may conduct at least three separate
hearings in the United States at locations where significant
numbers of American Samoans reside.
(C) The Commission shall provide notice to the public of
the hearings referred to in subparagraphs (A) and (B),
including information regarding the date, topic and location
of the meeting, and shall take other actions as the
Commission considers necessary to obtain, to the maximum
extent practicable, public participation in the hearings.
(2) Delegation of authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action that the Commission is authorized to take by this
section.
(3) Obtaining official data.--(A) The Commission may secure
directly from any Federal agency and the Library of Congress
information necessary to enable it to carry out this section.
Upon the request of the Chairperson of the Commission, the
head of the Federal agency or Library of Congress shall
furnish the information to the Commission.
(B) Subparagraph (A) shall not apply to any information
that the Commission is prohibited to secure or request by
another law.
(4) Mail.--The Commission may use the United States mail in
the same manner and under the same conditions as the other
Federal agencies.
(g) Reports.--(1)(A) Not later than the expiration of the
1-year period beginning on the date of the enactment of this
Act, the Commission shall prepare and publish a draft report
containing the findings, conclusions and recommendations of
the Commission.
(B) The Commission shall distribute such report to
appropriate Federal and American Samoan agencies and shall
make such report available to members of the public upon
request.
(C) The Commission shall solicit written comments from the
Federal and American Samoan agencies and other persons to
which copies of such report are distributed under
subparagraph (B).
(2) Not later than the expiration of the 9-month period
beginning on the date of the publication of the report
required by paragraph (1)(A), the Commission shall submit to
the President and the Congress a final report, which shall
include--
(A) a detailed statement of the findings and conclusions
made by the Commission after consideration of the comments
received by the Commission under paragraph (1)(C);
(B) the recommendations of the Commission for legislative
and administrative actions that the Commission determines to
be appropriate; and
(C) copies of all written comments received by the
Commission under paragraph (1)(C).
(h) Definitions.--For the purposes of this section:
(1) The term ``American Samoan'' has the meaning given the
term ``native American Samoan'' in section 4 of Public Law
100-571 (16 U.S.C. 410qq-3).
(2) The term ``Commission'' means the American Samoa Study
Commission established in subsection (b).
(i) Funding.--(1) Subject to paragraph (2), the Department
of the Interior is authorized to provide up to $225,000 in
each of the fiscal years 1997 and 1998 in technical
assistance funding for the work of the Commission.
(2) Amounts provided pursuant to paragraph (1) may not
exceed 75 percent of the total amount provided for the
Commission and shall be provided on a matching basis. The
non-Federal share of such amount shall be provided in cash by
the Government of American Samoa.
(j) Termination.--The Commission shall terminate not later
than the expiration of the 60-day period beginning on the
date on which the Commission submits its final report under
subsection (g).
SEC. 9. HAWAIIAN HOMES COMMISSION.
That, as required by section 4 of 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), the United
States consents to the following amendments to the Hawaiian
Homes Commission Act, 1920, adopted by the State of Hawaii in
the manner required for State legislation:
(1) Act 339 of the Session Laws of Hawaii, 1993.
(2) Act 37 of the Session Laws of Hawaii, 1994.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Gallegly] and the gentleman from American Samoa [Mr.
Faleomavaega] each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Gallegly].
(Mr. GALLEGLY asked and was given permission to revise and extend his
remarks.)
Mr. GALLEGLY. Mr. Speaker, the Omnibus Insular Areas Act of 1996,
H.R. 1332, includes a number of measures largely technical in nature
affecting some of our U.S. territories as well as the native Hawaiians.
These provisions
[[Page H11624]]
have been developed based on hearings and consultations with leaders
from the islands during the first and second sessions of the 104th
Congress.
All are noncontroversial, and enjoy bipartisan support. The
administration has testified in support of a majority of the provisions
and have now indicated no opposition to certain measures which have
been modified to address any major concerns.
Let me briefly explain the individual sections of the bill, which are
listed in section 1. Sections 2, 3, and 4 affect the U.S. Virgin
Islands. Section 2 would clarify that the physical absence of the
Governor or Lieutenant Governor would not constitute a temporary
absence which triggers a transfer of authority to the next
administration official in the chain of command. Modern
telecommunications enable the Governor and Lieutenant Governor to
retain communication with the Virgin Islands from virtually anywhere in
the United States or the world.
Section 3 will enable the Virgin Islands to issue parity bonds rather
than priority bonds. This is consistent with the current practice with
most State and local governments and will potentially save money for
the Virgin Islands.
There is a bipartisan consensus of leaders in the Virgin Islands and
Congress that a focused effort is needed to develop a plan which would
assist the Virgin Islands in moving toward economic self-sufficiency.
Section 4 would establish a commission appointed by the President, who
would make recommendations to the Congress by mid-1998, when the
commission would expire.
The Government of Guam and the Delegate from Guam have requested that
Guam be given the power to conduct the election for delegate by
separate ballot. The provision of section 5 will save Guam the costs of
printing separate ballots for the election of one position.
Section 6 is a technical clarification providing for similar
treatment of certain Federal insular funds received by any territory.
Northern Mariana Islands special grant funding is considered to be
local funds once received, and any funds received by a territory from
this source would also be considered local upon receipt.
The American Memorial Park established in Saipan in the Northern
Mariana Islands has become one of the premier monuments in the Western
Pacific honoring the sacrifices of our Armed Forces during World War
II. Over $3 million were spent to build a world-class memorial. This is
befitting the honor due to our men and women who fought over the very
ground upon which the memorial stands. The amendment in section 7 would
insure that the continued operation of the American Memorial Park under
the National Park Service rather than the local Marianas government.
Section 8 provides for a short-term commission to examine the near
century-long relationship of American Samoa as a territory of the
United States and the economic needs of the islands. The Delegate from
American Samoa is the primary advocate for this action, and I concur
with the need to review the territory's economic development potential.
The last section is largely ministerial in nature as current law
provides for the Congress to give final approval to any proposed change
of the Hawaii State Legislature to the Hawaiian Homes Commission. The
two measures adopted by the Hawaii's legislative body do not result in
any increased costs to the Federal Government, but both will be helpful
to native Hawaiians. Grandchildren of a native Hawaiian leaseholder
would be permitted to assume the remainder of the home lease should
that individual die and the other will help in the area of disaster
relief bonds.
I want to commend members on both sides of the aisle for their
interest and support of the various issues affecting our territories.
It is through bipartisanship that we have been able to forget a
consensus on action necessary for the island and I urge my colleagues
to support H.R. 1332, the Omnibus Areas Act of 1996.
{time} 1300
Mr. Speaker, I really cannot overemphasize the bipartisan effort that
has gone into putting this together, not only with the ranking member,
but all the other members of the subcommittee that I am very proud to
serve with.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Guam [Mr. Underwood].
Mr. UNDERWOOD. Mr. Speaker, I thank the gentleman for yielding time
to me.
Mr. Speaker, I rise today in support of H.R. 1332, the Omnibus
Insular Areas Act of 1996. I would especially like to commend the
chairman of the Subcommittee on Native American and Insular Affairs,
the gentleman from California [Mr. Gallegly], and the ranking member of
the subcommittee, my brother, the gentleman from the Pacific islands
and American Samoa [Mr. Faleomavaega], for their hard work in putting
this bill together.
I also commend the chairman of the committee, the gentleman from
Alaska [Mr. Young], and the ranking member, the gentleman from
California [Mr. Miller], for their continued commitment to addressing
issues that are of vital importance to the insular areas.
Mr. Speaker, this omnibus bill has important provisions for the
insular areas. It is, however, regrettable that the Subcommittee on
Native American and Insular Affairs and the Committee on Resources were
not able to complete the work on other provisions of interest to the
insular areas, especially including the Guam Land Return Act, certainly
of particular interest to the people of Guam.
The issue of returning excess Federal lands to the people of Guam is
one that continues to command importance, and it is certainly important
to the continual good relations that the Guam civilian community has
with the military as we go into a new era of downsizing.
But this should not be the cause to impede the progress that we have
made on many other issues that are included in this bill, including the
authorization of the American Samoa Study Commission, a commission on
the economic future of the Virgin Islands, and technical amendments
that help to clarify certain Federal laws.
The Committee on Resources can look forward to the 105th Congress
with a sense of where we left off in dealing with the other issues that
were not included in this bill. I would again urge the committee to
work with Guam to resolve the longstanding issue of the return of
Federal excess lands to the people of Guam. This is an issue that has
made significant progress in the past year, and it is indeed very
unfortunate that at the latest possible moment the administration's
opposition to the Guam Land Return Act, due in large measure to the
uncompromising position of the U.S. Fish and Wildlife Service, has made
it very difficult to reach a final agreement on including this
provision in the House omnibus bill.
Mr. Speaker, I remain optimistic that the Senate will be able to pass
its own omnibus bill on similar topics which include the Guam Land
Return Act. It is appropriate that as we end the 104th Congress with an
Omnibus Insular Areas Act that it is in fact supported in a bipartisan
manner, as alluded to by the chairman of the subcommittee. This is
truly the only way to approach insular issues.
Our issues are not necessarily national in scope at times, are not
Democratic or Republican issues, but they are issues which tug at the
nature of what it means to have an American democracy and test our
commitment to what it means to implement American democracy in those
areas which fly the flag.
Territories have their own unique histories, and we are able to
continue to make progress under the U.S. flag in a bipartisan way. That
is really the only way that it can occur.
Again, I commend the Committee on Resources and the leadership in
both the majority and minority for working in a bipartisan manner on
behalf of the territories.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I certainly would like to commend the
gentleman from Guam [Mr.
[[Page H11625]]
Underwood] for his profound statements on a very unfortunate situation,
as he had related earlier, about the Guam excess lands and the problems
that we had with the Fish and Wildlife Service. It is my earnest hope
that we will continue to work with him, and as well with our good
friend, the gentleman from the other side of the aisle, so that we can
resolve this problem, and hopefully that we will be able to proceed at
the earliest possible time in the next Congress.
Mr. Speaker, also, I want to commend and thank my good friend, the
gentleman from California [Mr. Gallegly], the chairman of the
subcommittee, for bringing this legislation to the floor for the
consideration of the Members.
Mr. Speaker, I rise today in strong support of H.R. 1332, the Omnibus
Insular Areas Act of 1996.
Mr. Speaker, this bill has been 2 years in the making and it has
undergone substantial change during this time. While I support all the
provisions in the bill, there are many more issues affecting the U.S.
insular areas which need attention. Unfortunately, the time remaining
in this Congress has necessitated the exclusion of several significant
provisions, which I hope we can address early next year.
To assist the government of the U.S. Virgin Islands operate more
efficiently, section 23 of this bill permits the Governor and
Lieutenant Governor to retain the authority of their office while on
official business outside of the Virgin Islands. Section 3 changes the
priority of municipal bonds issued by the government of the Virgin
Islands so that later issues of bonds will not necessarily have to
carry a higher interest rate. A third provision will establish a
commission to make recommendations on how the Virgin Islands might best
develop its economy in light of changing trade and tourism patterns.
To assist the government of Guam to operate more efficiently, section
5 of H.R. 1332 permits the local government to combine the ballot for
the Delegate's position with the ballots for other local elections,
such as seats in the Guam legislature for Governor.
Under current Federal law, the ballot for the Delegate position must
be separate from all other ballots. The government of Guam uses optical
scanners to read voters' ballots, and there is considerable waste in
time and paper in scanning full sheets of paper with only one mark on
them. Although the title of the act being amended in section 5(a)
includes both Guam and the Virgin Islands, I wish to make it clear that
as drafted and at the request of the Delegate from the Virgin Islands,
the provision in the bill changes the law only for Guam.
To assist the territorial governments to manage their financial
assets more efficiently and to take better advantage of funding
opportunities as they become available, section 6 of H.R. 1332 will
permit territorial governments receiving funding pursuant to Public Law
94-241 to use those funds as local funds for matching requirements
toward Federal grants. This problem most often occurs after a hurricane
or typhoon has stricken a territory. In the aftermath of such a
calamity, the territory quickly draws down its limited financial
reserves, if it has any, and then is unable to obtain any FEMA
emergency grants which require local matching funds because they have
no unobligated funds to use as the match.
The Commonwealth of the Northern Mariana Islands is the home of the
American Memorial Park. The park was developed by the U.S. National
Park Service and Public Law 95-348 authorized the Park Service to
transfer the park to the government of the Commonwealth of the Northern
Mariana Islands. Circumstances have changed since that law was enacted,
and today the Park Service and the government of the CNMI wish the Park
Service to retain management of this park. Section 7 of H.R. 1332
repeals the authorization for the Park Service to transfer the park.
Section 9 of the bill amends the Hawaiian Homes Commission Act of
1920 in two ways. First, it will permit the lease of trust lands to
grandchildren, so long as they have a 25-percent blood quantum
requirement. The second amendment will establish a native Hawaiian
hurricane relief fund.
Finally, Mr. Speaker, section 8 of this bill will establish a
commission to study American Samoa's historical relationship with the
United States, and to provide options available to the government to
develop the local economy. I am including with this statement a copy of
a letter signed by Chairman Don Young, Chairman Elton Gallegly, and
myself in support of this provision.
The territory of American Samoa is the only unorganized,
unincorporated territory of the United States. There is no single
document which reflects the present unity of the territory. To make
matters more confusing, there has been a running debate for decades
over the intent of the Samoan traditional leaders or chiefs who signed
the documents joining American Samoa and the United States into a
political union. Whether the intent was to cede the land and people to
the United States, or to enter into a bilateral treaty, which would, at
some point, be subject to further negotiations, is not clear.
The Commission would document and report on exactly what took place
96 years ago when the eastern part of the Samoan island group became
part of the United States, and what this bilateral relationship has
developed into since 1900. The commission would also be directed to
report on the various status options available to American Samoa. The
Commission would be composed of five members, there of whom would be
appointed by the Secretary of the Interior, one by the Speaker of the
U.S. House of Representatives, and one by the President of the U.S.
Senate.
I want to emphasize that unlike the sometimes contentious
negotiations on political status in Guam and the always contentious
discussions on political status in Puerto Rico, this proposal does not,
and I want to say this again, this legislation does not establish a
political status commission. The Commission will not have the authority
to change American Samoa's political status. The Commission is modeled
after the Commissions which studied native Hawaiian, native American,
and Native Alaskan issues. These three commissions provided resource
materials which have been of significant benefit to these groups and to
those who are interested in the history of these issues.
The establishment of the American Samoa Commission has been a topic
of discussion in American Samoa ever since I first proposed it several
years ago. Some have questioned the need for a Federal commission,
indicating that there is more than sufficient talent in American Samoa
to convene a commission of this nature. In response, let me say that I
agree that there are many individuals in Samoa with the knowledge and
experience to make excellent members of the Commission I propose, and I
hope that some of these individuals will sit on the Commission. The
key, however, is having access to the resources of the Federal
Government, such as the Library of Congress, and access to the records
of the Federal departments and agencies, including the material
contained in the National Archives. It is one through a Federal
commission that we can ensure that these resources are made available.
American Samoa has been the subject of two Federal study commissions;
one was established in 1929 and the other in 1960. Both of the
commissions made substantive recommendations which have led to major
improvements in American Samoa. The last report was 36 years ago, and
it is time again that we had the benefit of this expertise and
different perspective.
Mr. Speaker, this bill would not be before the House today without
considerable effort and leadership on the parts of Chairman Don Young,
Chairman Elton Gallegly, senior Democratic Member George Miller, and
their staffs. I appreciate the hard work of all these individuals and
their willingness to work together for the benefit of the territories.
I want to comment again also on the bipartisan manner Chairman Gallegly
has managed the business of the Subcommittee on Native American and
Insular Affairs. We have not agreed on every issue, but we have
continued to work together and have passed many pieces of legislation
which are or we expect to become public law.
Mr. Speaker, H.R. 1332 includes a modest list of provision to help
our territories. I ask my colleagues to support these insular areas in
this bill.
Mr. Speaker, I include for the Record the following letter from the
chairman of the subcommittee.
[[Page H11626]]
The letter referred to is as follows:
House of Representatives,
Committee on Resources,
Washington, DC, September 25, 1996.
Hon. Frank H. Murkowski,
U.S. Senator, Washington, DC.
Dear Mr. Chairman: We have been working for months on an
omnibus territories bill which we would like to get through
the House and the Senate before the 104th Congress adjourns.
A copy of that legislation is enclosed.
As you can see, we have been making a good faith effort to
include provisions which both houses have been working on
during this Congress. It was brought to our attention this
week, however, that there is opposition to Section 8 of the
legislation which would provide for a commission to study
American Samoa's 96-year relationship with the U.S. and the
options available to improve the territory's future
governmental and economic relationship with the United
States.
The Commission for Samoa is similar to the federal study
commissions we have established for the Native Americans,
Native Alaskans and the Native Hawaiians. Additionally, the
legislation has been pending in the House for four years, and
it has the support of Samoa's Delegate, the Governor, and a
majority of Samoa's residents.
We support all eight of the provisions in this bill, and
ask for your support so that we can provide this assistance
to the territories.
Sincerely,
Don Young,
Chairman, Committee on Resources.
Elton Gallegly,
Chairman, Subcommittee on Native American and Insular
Affairs.
Eni F.H. Faleomavaega,
Senior Democratic Member, Subcommittee on Native American
and Insular Affairs.
Mr. Speaker, I urge my colleagues to support this legislation. I have
no further requests for time, and I yield back the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California [Mr. Gallegly] that the House suspend the
rules and pass the bill, H.R. 1332, as amended.
The question was taken.
Mr. FALEOMAVAEGA. 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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