HOUSE OF REPRESENTATIVES

1369

1995 T116.17

gress under section 4 of the Hawaii State Admission Act, and shall notify the Chairman

and Congress of the determination of the

Secretary.

(c) CONGRESSIONAL APPROVAL REQUIRED.—

If, pursuant to subsection (b), the Secretary

determines that the proposed amendment requires the approval of Congress, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate

and the Committee on Resources of the

House of Representatives—

(1) a draft joint resolution approving the

amendment;

(2) a description of the change made by the

proposed amendment and an explanation of

how the amendment advances the interests

of the beneficiaries;

(3) a comparison of the existing law (as of

the date of submission of the proposed

amendment) that is the subject of the

amendment with the proposed amendment;

(4) a recommendation concerning the advisability of approving the proposed amendment; and

(5) any documentation concerning the

amendments received from the Chairman.

SEC. 205. LAND EXCHANGES.

(a) NOTICE TO THE SECRETARY.—If the

Chairman recommends for approval an exchange of Hawaiian Home Lands, the Chairman shall submit a report to the Secretary

on the proposed exchange. The report shall

contain—

(1) a description of the acreage and fair

market value of the lands involved in the exchange;

(2) surveys and appraisals prepared by the

Department of Hawaiian Home Lands, if any;

and

(3) an identification of the benefits to the

parties of the proposed exchange.

(b) APPROVAL OR DISAPPROVAL.—

(1) IN GENERAL.—Not later than 120 days

after receiving the information required to

be submitted by the Chairman pursuant to

subsection (a), the Secretary shall approve

or disapprove the proposed exchange.

(2) NOTIFICATION.—The Secretary shall notify the Chairman, the Committee on Energy

and Natural Resources of the Senate, and the

Committee on Resources of the House of

Representatives of the reasons for the approval or disapproval of the proposed exchange.

(c) EXCHANGES INITIATED BY SECRETARY.—

(1) IN GENERAL.—The Secretary may recommend to the Chairman an exchange of Hawaiian Home Lands for Federal lands described in section 203(b)(5), other than lands

described in subparagraphs (B) and (C) of

such section. If the Secretary initiates a recommendation for such an exchange, the Secretary shall submit a report to the Chairman

on the proposed exchange that meets the requirements of a report described in subsection (a).

(2) APPROVAL BY CHAIRMAN.—Not later than

120 days after receiving a recommendation

for an exchange from the Secretary under

paragraph (1), the Chairman shall provide

written notification to the Secretary of the

approval or disapproval of a proposed exchange. If the Chairman approves the proposed exchange, upon receipt of the written

notification, the Secretary shall notify the

Committee on Energy and Natural Resources

of the Senate, and the Committee on Resources of the House of Representatives of

the approval of the Chairman of the proposed

exchange.

(3) EXCHANGE.—Upon providing notification pursuant to paragraph (2) of a proposed

exchange that has been approved by the

Chairman pursuant to this section, the Secretary may carry out the exchange.

(d) SELECTION AND EXCHANGE.—

(1) IN GENERAL.—Notwithstanding any

other provision of law, the Secretary may—

(A) select real property that is the subject

of screening activities conducted by the Secretary of Defense or the Administrator of

General Services pursuant to applicable Federal laws (including regulations) for possible

transfer to Federal agencies; and

(B) make recommendations to the Chairman concerning making an exchange under

subsection (c) that includes such real property.

(2) TRANSFER.—Notwithstanding any other

provision of law, if the Chairman approves

an exchange proposed by the Secretary under

paragraph (1)—

(A) the Secretary of Defense or the Administrator of General Services shall transfer

the real property described in paragraph

(1)(A) that is the subject of the exchange to

the Secretary without reimbursement; and

(B) the Secretary shall carry out the exchange.

(3) LIMITATION.—No Federal lands that generate income (or would be expected to generate income) for the Federal Government

may be conveyed pursuant to this subsection

to the Department of Hawaiian Home Lands.

(e) SURVEYS AND APPRAISALS.—

(1) REQUIREMENT.—The Secretary shall

conduct a survey of all Hawaiian Home

Lands based on the report entitled ‘‘Survey

Needs for the Hawaiian Home Lands’’, issued

by the Bureau of Land Management of the

Department of the Interior, and dated July

1991.

(2) OTHER SURVEYS.—The Secretary is authorized to conduct such other surveys and

appraisals as may be necessary to make an

informed decision regarding approval or disapproval of a proposed exchange.

SEC. 206. ADMINISTRATION OF ACTS BY UNITED

STATES.

(a) DESIGNATION.—

(1) IN GENERAL.—Not later than 120 days

after the date of enactment of this Act, the

Secretary shall designate an individual from

within the Department of the Interior to administer the responsibilities of the United

States under this title and the Hawaiian

Homes Commission Act.

(2) DEFAULT.—If the Secretary fails to

make an appointment by the date specified

in paragraph (1), or if the position is vacant

at any time thereafter, the Assistant Secretary for Policy, Budget, and Administration of the Department of the Interior shall

exercise the responsibilities for the Department in accordance with subsection (b).

(b) RESPONSIBILITIES.—The individual designated pursuant to subsection (a) shall, in

administering the laws referred to in such

subsection—

(1) advance the interests of the beneficiaries; and

(2) assist the beneficiaries and the Department of Hawaiian Home Lands in obtaining

assistance from programs of the Department

of the Interior and other Federal agencies

that will promote homesteading opportunities, economic self-sufficiency, and social

well-being of the beneficiaries.

SEC. 207. ADJUSTMENT.

The Act of July 1, 1932 (47 Stat. 564, chapter 369; 25 U.S.C. 386a) is amended by striking

the period at the end and adding the following: ‘‘: Provided further, That the Secretary shall adjust or eliminate charges,

defer collection of construction costs, and

make no assessment on behalf of such

charges for beneficiaries that hold leases on

Hawaiian home lands, to the same extent as

is permitted for individual Indians or tribes

of Indians under this section.’’.

SEC. 208. REPORT.

(a) IN GENERAL.—Not later than 180 days

after the date of enactment of this Act, the

Chairman shall report to the Secretary concerning any claims that—

(1) involve the transfer of lands designated

as available lands under section 203 of the

Hawaiian Homes Commission Act (as in effect on the date of enactment of such Act);

and

(2) are not otherwise covered under this

title.

(b) REVIEW.—Not later than 180 days after

receiving the report submitted under subsection (a), the Secretary shall make a determination with respect to each claim referred to in subsection (a), whether, on the

basis of legal and equitable considerations,

compensation should be granted to the Department of Hawaiian Home Lands.

(c) COMPENSATION.—If the Secretary makes

a determination under subsection (b) that

compensation should be granted to the Department of Hawaiian Home Lands, the Secretary shall determine the value of the lands

and lost use in accordance with the process

established under section 203(a), and increase

the determination of value made under subparagraphs (A) and (B) of section 203(a)(1) by

the value determined under this subsection.

SEC. 209. AUTHORIZATION.

There are authorized to be appropriated

such sums as may be necessary for compensation to the Department of Hawaiian

Home Lands for the value of the lost use of

lands determined under section 203. Compensation received by the Department of Hawaiian Home Lands from funds made available pursuant to this section may only be

used for the purposes described in section

207(a) of the Hawaiian Homes Commission

Act. To the extent that amounts are made

available by appropriations pursuant to this

section for compensation paid to the Department of Hawaiian Home Lands for lost use,

the Secretary shall reduce the determination

of value established under section

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

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. YOUNG of

Alaska and Mr. ABERCROMBIE, each

for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

agree to said amendment?

The SPEAKER pro tempore, Mr.

FOLEY, announced that two-thirds of

the Members present had voted in the

affirmative.

Mr. RICHARDSON demanded that

the vote be taken by the yeas and nays,

which demand was supported by onefifth of the Members present, so the

yeas and nays were ordered.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 5, rule I,

announced that further proceedings on

the motion were postponed until Tuesday, September 19, 1995, pursuant to

the prior announcement of the Chair.

T116.17 ORDER OF BUSINESS—

CONSIDERATION OF H.R. 39

On motion of Mr. YOUNG of Alaska,

by unanimous consent,

Ordered, That at any time hereafter

the Speaker may, pursuant to clause

1(b) of rule XXIII, declare the House resolved into the Committee of the

Whole House on the state of the Union

for consideration of the bill (H.R. 39) to

amend the Magnuson Fishery Conservation and Management Act to improve fisheries management, and that

consideration of the bill proceed according to the following order. The

first reading of the bill shall be dispensed with. All points of order against

consideration of the bill are waived.
JOURNAL OF THE

1370

T116.18 SEPTEMBER 18

General debate shall be confined to the

bill and shall not exceed one hour

equally divided and controlled by the

chairman and ranking minority member of the Committee on Resources.

After general debate the bill shall be

considered for amendment under the

five-minute rule. It shall be in order to

consider as an original bill for the purpose of amendment under the fiveminute rule the amendment in the nature of a substitute recommended by

the Committee on Resources now

printed in the bill. Each section of the

committee amendment in the nature of

a substitute shall be considered as

read. All points of order against the

committee amendment in the nature of

a substitute are waived. At the conclusion of consideration of the bill for

amendment the Committee shall rise

and report the bill to the House with

such amendments as may have been

adopted. Any Member may demand a

separate vote in the House on any

amendment adopted in the Committee

of the Whole to the bill or to the committee amendment in the nature of a

substitute. The previous question shall

be considered as ordered on the bill and

amendments thereto to final passage

without intervening motion except one

motion to recommit with or without

instructions.

T116.18 SHENANDOAH VALLEY NATIONAL

BATTLEFIELDS

Mr. HANSEN moved to suspend the

rules and pass the bill (H.R. 1091) to improve the National Park System in the

Commonwealth of Virginia; as amended.

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. HANSEN and

Mr. RICHARDSON, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill, as amended?

The SPEAKER pro tempore, Mr.

FOLEY, announced that two-thirds of

the Members present had voted in the

affirmative.

Mr. RICHARDSON demanded that

the vote be taken by the yeas and nays,

which demand was supported by onefifth of the Members present, so the

yeas and nays were ordered.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 5, rule I,

announced that further proceedings on

the motion were postponed until Tuesday, September 19, 1995, pursuant to

the prior announcement of the Chair.

T116.19 NATIONAL PARK SYSTEM REFORM

Mr. HANSEN moved to suspend the

rules and pass the bill (H.R. 260) to provide for the development of a plan and

a management review of the National

Park System and to reform the process

by which areas are considered for addition to the National Park System, and

for other purposes; as amended.

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. HANSEN and

Mr. RICHARDSON, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill, as amended?

The SPEAKER pro tempore, Mr.

FOLEY, announced that two-thirds of

the Members present had voted in the

affirmative.

Mr. RICHARDSON demanded that

the vote be taken by the yeas and nays,

which demand was supported by onefifth of the Members present, so the

yeas and nays were ordered.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 5, rule I,

announced that further proceedings on

the motion were postponed until Tuesday, September 19, 1995, pursuant to

the prior announcement of the Chair.

T116.20 PRESIDIO PROPERTIES

ADMINISTRATION

Mr. HANSEN moved to suspend the

rules and pass the bill (H.R. 1296) to

provide for the Administration of certain Presidio properties at minimal

cost to the Federal taxpayer; as

amended.

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. HANSEN and

Mr. RICHARDSON, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill, as amended?

The SPEAKER pro tempore, Mr.

FOLEY, announced that two-thirds of

the Members present had voted in the

affirmative.

Mr. HANSEN demanded that the vote

be taken by the yeas and nays, which

demand was supported by one-fifth of

the Members present, so the yeas and

nays were ordered.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 5, rule I,

announced that further proceedings on

the motion were postponed until Tuesday, September 19, 1995, pursuant to

the prior announcement of the Chair.

T116.21 TEXAS LOW-LEVEL RADIOACTIVE

WASTE

Mr. SCHAEFER moved to suspend

the rules and pass the bill (H.R. 558) to

grant the consent of the Congress to

the Texas Low-Level Radioactive

Waste Disposal Compact.

The SPEAKER pro tempore, Mr.

FOLEY, recognized Mr. SCHAEFER

and Mr. BRYANT, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill?

The SPEAKER pro tempore, Mr.

FOLEY, announced that two-thirds of

the Members present had voted in the

affirmative.

Mr. BONILLA objected to the vote on

the ground that a quorum was not

present and not voting.

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to clause 5, rule I,

announced that further proceedings on

the motion were postponed until Tuesday, September 19, 1995, pursuant to

the prior announcement of the Chair.

The point of no quorum was considered as withdrawn.

On motion of Mr. BONILLA, by unanimous consent, the yeas and nays were

ordered.

T116.22 COMMITTEES AND

SUBCOMMITTEES TO SIT

On motion of Mr. BONILLA, by unanimous consent, the following committees and their subcommittees were

granted permission to sit during the 5-

minute rule on Tuesday, September 19,

1995: the Committee on Banking and

Financial Services, the Committee on

Commerce, the Committee on Government Reform and Oversight, the Committee on International Relations, the

Committee on the Judiciary, and the

Committee on Resources.

T116.23 PROVIDING FOR THE

CONSIDERATION OF H.R. 1617

Mr. SOLOMON, by direction of the

Committee on Rules, reported (Rept.

No. 104–249) the resolution (H. Res. 222)

providing for the consideration of the

bill (H.R. 1617) to consolidate and reform workforce development and literacy programs, and for other purposes.

When said resolution and report were

referred to the House Calendar and ordered printed.

T116.24 FISHERY CONSERVATION AND

MANAGEMENT

The SPEAKER pro tempore, Mr.

FOLEY, pursuant to the order of the

House heretofore agreed to and rule

XXIII, declared the House resolved into

the Committee of the Whole House on

the state of the Union for the consideration of the bill (H.R. 39) to amend the

Magnuson Fishery Conservation and

Management Act to improve fisheries

management.

The SPEAKER pro tempore, Mr.

FOLEY, by unanimous consent, designated Mr. GOODLATTE as Chairman

of the Committee of the Whole and

after some time spent therein,

The SPEAKER pro tempore, Mr.

FOLEY, assumed the Chair.

When Mr. GOODLATTE, Chairman,

reported that the Committee, having

had under consideration said bill, had

come to no resolution thereon.

T116.25 MESSAGE FROM THE

PRESIDENT—NATIONAL EMERGENCY

WITH RESPECT TO UNITA

The SPEAKER pro tempore, Mr.

FOLEY, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides

for the automatic termination of a national emergency unless, prior to the

anniversary date of its declaration, the

President publishes in the Federal Register and transmits to the Congress a

notice stating that the emergency is to

continue in effect beyond the anniversary date. In accordance with this provision, I have sent the enclosed notice,

stating that the emergency declared