[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.

                          ____________________