[106th Congress Public Law 504]
[From the U.S. Government Printing Office]
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[DOCID: f:publ504.106]
[[Page 114 STAT. 2309]]
Public Law 106-504
106th Congress
An Act
To amend the Organic Act of Guam, and for other purposes. <<NOTE: Nov.
13, 2000 - [H.R. 2462]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 40 USC 483 note.>> 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) <<NOTE: Deadline. Notification.>> 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
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 2 years, that the
transfer to the Government of Guam is subject to the terms and
conditions for such use and occupancy.
(3) All transfers 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) Definitions.--For the purposes of this section:
[[Page 114 STAT. 2310]]
(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
the 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
extent 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
nondiscriminatory 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) <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> 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 an
agreement providing for the future ownership and
management of such real property.
(B) If the parties reach an agreement under
subparagraph (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) <<NOTE: Reports.>> If the parties do not reach
an agreement under subparagraph (A) within 180 days
after notification of the
[[Page 114 STAT. 2311]]
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 the 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
(Public Law 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 2
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 the Interior, may issue such regulations as he deems
necessary to carry out this section.
SEC. 2. <<NOTE: 48 USC 1904.>> COMPACT IMPACT REPORTS.
Section 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
[[Page 114 STAT. 2312]]
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 5 years from each decennial 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. <<NOTE: 48 USC note.>> 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. 1436a(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
[[Page 114 STAT. 2313]]
this Act over any United States citizen or national resident
therein who is otherwise eligible for such assistance.''.
Approved November 13, 2000.
LEGISLATIVE HISTORY--H.R. 2462:
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HOUSE REPORTS: No. 106-787 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 25, considered and passed House.
Oct. 24, considered and passed Senate, amended.
Oct. 31, House concurred in Senate amendment.
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