[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[Senate]
[Pages S10935-S10937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          GUAM LAND RETURN ACT

  Mr. SMITH of New Hampshire. I ask unanimous consent that the Energy 
Committee be discharged from further consideration of H.R. 2462, and 
the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2462) to amend the Organic Act of Guam, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4334

         (Purpose: To amend the Guam Omnibus Opportunities Act)

  Mr. SMITH of New Hampshire. Mr. President, Senator Murkowski has an 
amendment at the desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Hampshire [Mr. Smith], for Mr. 
     Murkowski, proposes an amendment numbered 4334.

  The amendment is as follows:

       Strike all after the enacting clause and insert:

     ``SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO 
                   ACQUIRE EXCESS REAL PROPERTY IN GUAM.

       ``(a) Transfer of Excess Real Property.--(1) Except as 
     provided in subsection (d), before screening excess real 
     property located on Guam for further Federal utilization 
     under section 202 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471, et seq.) (hereinafter 
     the `Property Act'), the Administrator shall notify the 
     Government of Guam that the property is available for 
     transfer pursuant to this section.
       ``(2) If the Government of Guam, within 180 days after 
     receiving notification under paragraph (1), notifies the 
     Administrator that the Government of Guam intends to acquire 
     the property under this section, the Administrator shall 
     transfer such property in accordance with subsection (b). 
     Otherwise, the

[[Page S10936]]

     property shall be screened for further Federal use and then, 
     if there is no other Federal use, shall be disposed of in 
     accordance with the Property Act.
       ``(b) Conditions of Transfer.--(1) Any transfer of excess 
     real property to the Government of Guam may be only for a 
     public purpose and shall be without further consideration.
       ``(2) All transfers of excess real property to the 
     Government of Guam shall be subject to such restrictive 
     covenants as the Administrator, in consultation with the 
     Secretary of Defense, in the case of property reported excess 
     by a military department, determines to be necessary to 
     ensure that (A) the use of the property is compatible with 
     continued military activities on Guam, (B) the use of the 
     property is consistent with the environmental condition of 
     the property; (C) access is available to the United States to 
     conduct any additional environmental remediation or 
     monitoring that may be required; (D) the property is used 
     only for a public purpose and can not be converted to any 
     other use; and (E) to the extent that facilities on the 
     property have been occupied and used by another Federal 
     agency for a minimum of two (2) years, that the transfer to 
     the Government of Guam is subject to the terms and conditions 
     for such use and occupancy.
       ``(3) All transfer of excess real property to the 
     Government of Guam are subject to all otherwise applicable 
     Federal laws, except section 2696 of title 10, United States 
     Code or section 501 of Public Law 100-77 (42 U.S.C. 11411).
       ``(c) Defintions.--For the purposes of this section:
       ``(1) The term `Administrator' means--
       ``(A) the Administrator of General Services; or
       ``(B) the head of any Federal agency with the authority to 
     dispose of excess real property on Guam.
       ``(2) The term `base closure law' means the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     of 1988 (Public Law 100-526), the Defense Base Closure and 
     Realignment Act of 1990 (Public Law 101.510), or similar base 
     closure authority.
       ``(3) The term `excess real property' means excess property 
     (as that term is defined in section 3 of the Property Act) 
     that is real property and was acquired by the United States 
     prior to enactment of this section.
       ``(4) The term `Guam National Wildlife Refuge' includes 
     those lands within the refuge overlay under the jurisdiction 
     of the Department of Defense, identified as DoD lands in 
     figure 3, on page 74, and as submerged lands in figure 7, on 
     page 78 of the `Final Environmental Assessment for the 
     Proposed Guam National Wildlife Refuge, Territory of Guam, 
     July 1993' to the extend that the federal government holds 
     title to such lands.
       ``(5) The term `public purpose' means those public benefit 
     purposes for which the United States may dispose of property 
     pursuant to section 203 of the Property Act, as implemented 
     by the Federal Property Management Regulations (41 CFR 101-
     47) or the specific public benefit uses set forth in section 
     3(c) of the Guam Excess Lands Act (Public Law 103-339. 108 
     Stat. 3116), except that such definition shall not include 
     the transfer of land to an individual or entity for private 
     use other than on a non-discriminatory basis.
       ``(d) Exemptions.--Notwithstanding that such property may 
     be excess real property, the provisions of this section shall 
     not apply--
       ``(1) to real property on Guam that is declared excess by 
     the Department of Defense for the purpose of transferring 
     that property to the Coast Guard;
       ``(2) to real property on Guam that is located within the 
     Guam National Wildlife Refuge, which shall be transferred 
     according to the following procedure:
       ``(A) The Administrator shall notify the Government of Guam 
     and the Fish and Wildlife Service that such property has been 
     declared excess. The Government of Guam and the Fish and 
     Wildlife Service shall have 180 days to engage in discussions 
     toward and agreement providing for the future ownership and 
     management of such real property.
       ``(B) If the parties reach and agreement under paragraph 
     (A) within 180 days after notification of the declaration of 
     excess, the real property shall be transferred and managed in 
     accordance with such agreement: Provided, That such agreement 
     shall be transmitted to the Committee on Energy and Natural 
     Resources of the United States Senate and the appropriate 
     committees of the United States House of Representatives not 
     less than 60 days prior to such transfer and any such 
     transfer shall be subject to the other provisions of this 
     section.
       ``(C) If the parties do not reach an agreement under 
     paragraph (A) within 180 days after notification of the 
     declaration of excess, the Administrator shall provide a 
     report to Congress on the status of the discussions, together 
     with his recommendations on the likelihood of resolution of 
     differences and the comments of the Fish and Wildlife Service 
     and the Government of Guam. If the subject property is under 
     the jurisdiction of a military department, the military 
     department may transfer administrative control over the 
     property to the General Services Administration subject to 
     any terms and conditions applicable to such property. In the 
     event of such a transfer by a military department to the 
     General Services Administration, the Department of Interior 
     shall be responsible for all reasonable costs associated with 
     the custody, accountability and control of such property 
     until final disposition.
       ``(D) If the parties come to agreement prior to 
     congressional action, the real property shall be transferred 
     and managed in accordance with such agreement: Provided, That 
     such agreement shall be transmitted to the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the appropriate committees of the United States House of 
     Representatives not less than 60 days prior to such transfer 
     and any such transfer shall be subject to the other 
     provisions of this section.
       ``(E) Absent an agreement on the future ownership and use 
     of the property, such property may not be transferred to 
     another federal agency or out of federal ownership except 
     pursuant to an Act of Congress specifically identifying such 
     property;
       ``(3) to real property described in the Guam Excess Lands 
     Act (P.L. 103-339, 108 Stat. 3116) which shall be disposed of 
     in accordance with such Act;
       ``(4) to real property on Guam that is declared excess as a 
     result of a base closure law; or
       ``(5) to facilities on Guam declared excess by the managing 
     Federal agency for the purpose of transferring the facility 
     to a Federal agency that has occupied the facility for a 
     minimum of two years when the facility is declared excess 
     together with the minimum land or interest therein necessary 
     to support the facility.
       ``(e) Dual Classification Property.--If a parcel of real 
     property on Guam that is declared excess as a result of a 
     base closure law also falls within the boundary of the Guam 
     National Wildlife Refuge, such parcel of property shall be 
     disposed of in accordance with the base closure law.
       ``(f) Authority To Issue Regulations.--The Administrator of 
     General Services, after consultation with the Secretary of 
     Defense and the Secretary of Interior, may issue such 
     regulations as he deems necessary to carry out this section.

     ``SEC. 2. COMPACT IMPACT REPORTS.

       ``Paragraph 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 
     1788) is amended by deleting `President shall report to the 
     Congress with respect to the impact of the Compact on the 
     United States territories and commonwealths and on the State 
     of Hawaii.' and inserting in lieu thereof, `Governor of any 
     of the United States territories or commonwealths or the 
     State of Hawaii may report to the Secretary of the Interior 
     by February 1 of each year with respect to the impacts of the 
     compacts of free association on the Governor's respective 
     jurisdiction. The Secretary of the Interior shall review and 
     forward any such reports to the Congress with the comments of 
     the Administration. The Secretary of the Interior shall, 
     either directly or, subject to available technical assistance 
     funds, through a grant to the affected jurisdiction, provide 
     for a census of Micronesians at intervals no greater than 
     five years from each decenial United States census using 
     generally acceptable statistical methodologies for each of 
     the impact jurisdictions where the governor requests such 
     assistance, except that the total expenditures to carry out 
     this sentence may not exceed $300,000 in any year.'.

     ``SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS 
                   OF FREE ASSOCIATION.

       ``(a) The freely associated states of the Republic of the 
     Marshall Islands, the Federated States of Micronesia, and the 
     Republic of Palau, respectively, and citizens thereof, shall 
     remain eligible for all Federal programs, grant assistance 
     and services of the United States, to the extent that such 
     programs, grant assistance and services are provided to 
     states and local governments of the United States and 
     residents of such states, for which a freely associated state 
     or its citizens were eligible on October 1, 1999. This 
     eligibility shall continue through the period of negotiations 
     referred to in section 231 of the Compact of Free Association 
     with the Republic of the Marshall Islands and the Federated 
     States of Micronesia, approved in Public Law 99-239, and 
     during consideration by the Congress of legislation submitted 
     by an Executive branch agency as a result of such 
     negotiations.
       ``(b) Section 214(a) of the Housing Community Development 
     Act of 1980 (42 U.S.C. 143a(a)) is amended--
       ``(1) by striking `or' at the end of paragraph (5);
       ``(2) by striking the period at the end of paragraph (6) 
     and inserting `; or'; and
       ``(3) by adding at the end the following new paragraph:
       `` `(7) an alien who is lawfully resident in the United 
     States and its territories and possessions under section 141 
     of the Compacts of Free Association between the Government of 
     the United States and the Governments of the Marshall 
     Islands, the Federated States of Micronesia (48 U.S.C. 1901 
     note) and Palau (48 U.S.C. 1931 note) while the applicable 
     section is in effect: Provided, That, within Guam any such 
     alien shall not be entitled to a preference in receiving 
     assistance under this Act over any United States citizen or 
     national resident therein who is otherwise eligible for such 
     assistance.'.''.

  Mr. SMITH of New Hampshire. I ask unanimous consent that the 
amendment be agreed to, the bill be read the third time and passed, as 
amended, and the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.

[[Page S10937]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4334) was agreed to.
  The bill (H.R. 2462), as amended, was read the third time and passed.

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