PUBLIC LAW 106–504—NOV. 13, 2000 114 STAT. 2309

Public Law 106–504

106th Congress

An Act

To amend the Organic Act of Guam, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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 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:

Deadline.

Notification.

40 USC 483 note.

Nov. 13, 2000

[H.R. 2462]

114 STAT. 2310 PUBLIC LAW 106–504—NOV. 13, 2000

(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) 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 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) If the parties do not reach an agreement under

subparagraph (A) within 180 days after notification of the

Reports.

Notification.

Deadlines.

PUBLIC LAW 106–504—NOV. 13, 2000 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. 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

48 USC 1904.

114 STAT. 2312 PUBLIC LAW 106–504—NOV. 13, 2000

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. 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 

48 USC 1901

note.

PUBLIC LAW 106–504—NOV. 13, 2000 114 STAT. 2313

LEGISLATIVE HISTORY—H.R. 2462:

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.

Æ

this Act over any United States citizen or national resident

therein who is otherwise eligible for such assistance.’’.

Approved November 13, 2000.