PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 353

Public Law 104–42

104th Congress

An Act

To amend the Alaska Native Claims Settlement Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—ALASKA NATIVE CLAIMS

SETTLEMENT

SECTION 101. RATIFICATION OF CERTAIN CASWELL AND MONTANA

CREEK NATIVE ASSOCIATIONS CONVEYANCES.

The conveyance of approximately 11,520 acres to Montana

Creek Native Association, Inc., and the conveyance of approximately

11,520 acres to Caswell Native Association, Inc., by Cook Inlet

Region, Inc. in fulfillment of the agreement of February 3, 1976,

and subsequent letter agreement of March 26, 1982, among the

3 parties are hereby adopted and ratified as a matter of Federal

law. The conveyances shall be deemed to be conveyances pursuant

to section 14(h)(2) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1613(h)(2)). The group corporations for Montana Creek

and Caswell are hereby declared to have received their full entitlement and shall not be entitled to receive any additional lands

under the Alaska Native Claims Settlement Act. The ratification

of these conveyances shall not have any effect on section 14(h)

of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h))

or upon the duties and obligations of the United States to any

Alaska Native Corporation. This ratification shall not be for any

claim to land or money by the Caswell or Montana Creek group

corporations or any other Alaska Native Corporation against the

State of Alaska, the United States, or Cook Inlet Region, Incorporated.

SEC. 102. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL

CORPORATIONS.

Section 22(c) of the Alaska Native Claims Settlement Act (43

U.S.C. 1621(c)) is amended by adding at the end the following:

‘‘(3) This section shall apply to lands conveyed by interim

conveyance or patent to a regional corporation pursuant to

this Act which are made subject to a mining claim or claims

located under the general mining laws, including lands conveyed prior to enactment of this paragraph. Effective upon

the date of enactment of this paragraph, the Secretary, acting

through the Bureau of Land Management and in a manner

Effective date.

Nov. 2, 1995

[H.R. 402]
109 STAT. 354 PUBLIC LAW 104–42—NOV. 2, 1995

consistent with section 14(g), shall transfer to the regional

corporation administration of all mining claims determined to

be entirely within lands conveyed to that corporation. Any

person holding such mining claim or claims shall meet such

requirements of the general mining laws and section 314 of

the Federal Land Management and Policy Act of 1976 (43

U.S.C. 1744), except that any filings that would have been

made with the Bureau of Land Management if the lands were

within Federal ownership shall be timely made with the appropriate regional corporation. The validity of any such mining

claim or claims may be contested by the regional corporation,

in place of the United States. All contest proceedings and

appeals by the mining claimants of adverse decisions made

by the regional corporation shall be brought in Federal District

Court for the District of Alaska. Neither the United States

nor any Federal agency or official shall be named or joined

as a party in such proceedings or appeals. All revenues from

such mining claims received after passage of this paragraph

shall be remitted to the regional corporation subject to distribution pursuant to section 7(i) of this Act, except that in the

event that the mining claim or claims are not totally within

the lands conveyed to the regional corporation, the regional

corporation shall be entitled only to that proportion of revenues,

other than administrative fees, reasonably allocated to the portion of the mining claim so conveyed.’’.

SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE CONTAMINATION OF TRANSFERRED LANDS.

The Alaska Native Claims Settlement Act (43 U.S.C. 1601

et seq.) is amended by adding at the end the following:

‘‘CLAIMS ARISING FROM CONTAMINATION OF TRANSFERRED LANDS

‘‘SEC. 40. (a) As used in this section the term ‘contaminant’

means hazardous substance harmful to public health or the environment, including friable asbestos.

‘‘(b) Within 18 months of enactment of this section, and after

consultation with the Secretary of Agriculture, State of Alaska,

and appropriate Alaska Native Corporations and organizations, the

Secretary shall submit to the Committee on Resources of the House

of Representatives and the Committee on Energy and Natural

Resources of the Senate, a report addressing issues presented by

the presence of contaminants on lands conveyed or prioritized for

conveyance to such corporations pursuant to this Act. Such report

shall consist of—

‘‘(1) existing information concerning the nature and types

of contaminants present on such lands prior to conveyance

to Alaska Native Corporations;

‘‘(2) existing information identifying to the extent practicable the existence and availability of potentially responsible

parties for the removal or remediation of the effects of such

contaminants;

‘‘(3) identification of existing remedies;

‘‘(4) recommendations for any additional legislation that

the Secretary concludes is necessary to remedy the problem

of contaminants on the lands; and

‘‘(5) in addition to the identification of contaminants, identification of structures known to have asbestos present and recReports.

43 USC 1629f.
PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 355

ommendations to inform Native landowners on the containment

of asbestos.’’.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES

OF IMPLEMENTING REQUIRED RECONVEYANCES.

Section 14(c) of the Alaska Native Claims Settlement Act (43

U.S.C. 1613(c)) is amended by adding at the end the following: ‘‘There is authorized to be appropriated such sums as may be necessary for the purpose of providing technical assistance to

Village Corporations established pursuant to this Act in order that

they may fulfill the reconveyance requirements of section 14(c)

of this Act. The Secretary may make funds available as grants

to ANCSA or nonprofit corporations that maintain in-house land

planning and management capabilities.’’.

SEC. 105. NATIVE ALLOTMENTS.

Section 1431(o) of the Alaska National Interest Lands Conservation Act (94 Stat. 2542) is amended by adding at the end the

following:‘‘(5) Following the exercise by Arctic Slope Regional Cor- poration of its option under paragraph (1) to acquire the subsurface estate beneath lands within the National Petroleum

Reserve—Alaska selected by Kuukpik Corporation, where such

subsurface estate entirely surrounds lands subject to a Native

allotment application approved under section 905 of this Act,

and the oil and gas in such lands have been reserved to the

United States, Arctic Slope Regional Corporation, at its further

option and subject to the concurrence of Kuukpik Corporation,

shall be entitled to receive a conveyance of the reserved oil

and gas, including all rights and privileges therein reserved

to the United States, in such lands. Upon the receipt of a

conveyance of such oil and gas interests, the entitlement of

Arctic Slope Regional Corporation to in-lieu subsurface lands

under section 12(a)(1) of the Alaska Native Claims Settlement

Act (43 U.S.C. 1611(a)(1)) shall be reduced by the amount

of acreage determined by the Secretary to be conveyed to Arctic

Slope Regional Corporation pursuant to this paragraph.’’.

SEC. 106. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE

ALASKA VETERANS FOR ALLOTMENTS.

(a) IN GENERAL.—No later than 9 months after the date of

enactment of this Act, the Secretary of the Interior, in consultation

with the Secretary of Agriculture, the State of Alaska and appropriate Native corporations and organizations, shall submit to the

Committee on Resources of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate a report

which shall include, but not be limited to, the following:

(1) The number of Vietnam era veterans, as defined in

section 101 of title 38, United States Code, who were eligible

for but did not apply for an allotment of not to exceed 160

acres under the Act of May 17, 1906 (chapter 2469, 34 Stat.

197), as the Act was in effect before December 18, 1971.

(2) An assessment of the potential impacts of additional

allotments on conservation system units as that term is defined

in section 102(4) of the Alaska National Interest Lands Conservation Act (94 Stat. 2375).

(3) Recommendations for any additional legislation that

the Secretary concludes is necessary.
109 STAT. 356 PUBLIC LAW 104–42—NOV. 2, 1995

(b) REQUIREMENT.—The Secretary of Veterans Affairs shall release to the Secretary of the Interior information relevant to

the report required under subsection (a).

SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

(a) PROPERTY TRANSFER.—In order to effect a recision of the

ANCSA settlement conveyance to Cook Inlet Region, Incorporated

of the approximately 134.49 acres and structures located thereon

(‘‘property’’) known as the Wrangell Institute in Wrangell, Alaska,

upon certification to the Secretary by Cook Inlet Region, Incorporated, that the Wrangell Institute property has been offered

for transfer to the City of Wrangell, property bidding credits in

an amount of $475,000, together with adjustments from January

1, 1976 made pursuant to the methodology used to establish the

Remaining Obligation Entitlement in the Memorandum of Understanding Between the United States Department of the Interior

and Cook Inlet Region, Incorporated dated April 11, 1986, shall

be restored to the Cook Inlet Region, Incorporated, property account

in the Treasury established under section 12(b) of the Act of January

2, 1976 (Public Law 94–204, 43 U.S.C. 1611 note), as amended,

referred to in such section as the ‘‘Cook Inlet Region, Incorporated,

property account’’. Acceptance by the City of Wrangell, Alaska of

the property shall constitute a waiver by the City of Wrangell

of any claims for the costs of remediation related to asbestos,

whether in the nature of participation or reimbursement, against

the United States or Cook Inlet Region, Incorporated. The acceptance of the property bidding credits by Cook Inlet Region, Incorporated, Alaska of the property shall constitute a waiver by Cook

Inlet Region, Incorporated of any claims for the costs of remediation

related to asbestos, whether in the nature of participation or

reimbursement, against the United States. In no event shall the

United States be required to take title to the property. Such restored

property bidding credits may be used in the same manner as

any other portion of the account. (b) HOLD HARMLESS.—Upon acceptance of the property bidding credits by Cook Inlet Region, Inc., the United States shall defend

and hold harmless Cook Inlet Region, Incorporated, and its subsidiaries in any and all claims arising from asbestos or any contamination existing at the Wrangell Institute property at the time of

transfer of ownership of the property from the United States to

Cook Inlet Region, Incorporated.

SEC. 108. SHISHMAREF AIRPORT AMENDMENT.

The Shishmaref Airport, conveyed to the State of Alaska on January 5, 1967, in Patent No. 1240529, is subject to reversion

to the United States, pursuant to the terms of that patent for

nonuse as an airport. The Administrator of the Federal Aviation

Administration is hereby directed to exercise said reverter in Patent

No. 1240529 in favor of the United States within twelve months

of the date of enactment of this section. Upon revesting of title,

notwithstanding any other provision of law, the United States shall

immediately thereafter transfer all right, title, and interest of the

United States in the subject lands to the Shishmaref Native Corporation. Nothing in this section shall relieve the State, the United

States, or any other potentially responsible party of liability, if

any, under existing law for the cleanup of hazardous or solid wastes

on the property, nor shall the United States or Shishmaref Native

Corporation become liable for the cleanup of the property solely
PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 357

by virtue of acquiring title from the State of Alaska or from the

United States.

SEC. 109. DEFINITION OF REVENUES.

(a) Section 7(i) of the Alaska Native Claims Settlement Act,

Public Law 92–203 (43 U.S.C. 1606(i)), is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) For purposes of this subsection, the term ‘revenues’

does not include any benefit received or realized for the use

of losses incurred or credits earned by a Regional Corporation.’’.

(b) This amendment shall be effective as of the date of enactment of the Alaska Native Claims Settlement Act, Public Law

92–203 (43 U.S.C. 1601, et seq.).

TITLE II—HAWAIIAN HOME LANDS

SEC. 201. SHORT TITLE

This title may be cited as the ‘‘Hawaiian Home Lands Recovery

Act’’.

SEC. 202. DEFINITIONS.

As used in this title:

(1) AGENCY.—The term ‘‘agency’’ includes— (A) any instrumentality of the United States;

(B) any element of an agency; and

(C) any wholly owned or mixed-owned corporation of

the United States Government.

(2) BENEFICIARY.—The term ‘‘beneficiary’’ has the same

meaning as is given the term ‘‘native Hawaiian’’ under section

201(7) of the Hawaiian Homes Commission Act.

(3) CHAIRMAN.—The term ‘‘Chairman’’ means the Chairman

of the Hawaiian Homes Commission of the State of Hawaii.

(4) COMMISSION.—The term ‘‘Commission’’ means the

Hawaiian Homes Commission established by section 202 of

the Hawaiian Homes Commission Act.

(5) HAWAIIAN HOMES COMMISSION ACT.—The term ‘‘Hawaiian Homes Commission Act’’ means the Hawaiian Homes

Commission Act, 1920 (42 Stat. 108 et. seq., chapter 42).

(6) HAWAII STATE ADMISSION ACT.—The term ‘‘Hawaii State

Admission Act’’ means 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, chapter 339; 48 U.S.C.

note prec. 491).

(7) LOST USE.—The term ‘‘lost use’’ means the value of

the use of the land during the period when beneficiaries or

the Hawaiian Homes Commission have been unable to use

lands as authorized by the Hawaiian Homes Commission Act

because of the use of such lands by the Federal Government

after August 21, 1959.

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.

(a) DETERMINATION.—

(1) The Secretary shall determine the value of the following:

Hawaiian Home

Lands Recovery

Act.

48 USC note

prec. 491.

Effective date.
109 STAT. 358 PUBLIC LAW 104–42—NOV. 2, 1995

(A) Lands under the control of the Federal Government

that—

(i) were initially 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

(ii) were nevertheless transferred to or otherwise

acquired by the Federal Government.

(B) The lost use of lands described in subparagraph

(A).

(2)(A) Except as provided in subparagraph (B), the determinations of value made under this subsection shall be made

not later than 1 year after the date of enactment of this Act.

In carrying out this subsection, the Secretary shall use a

method of determining value that—

(i) is acceptable to the Chairman; and

(ii) is in the best interest of the beneficiaries.

(B) The Secretary and the Chairman may mutually agree

to extend the deadline for making determinations under this

subparagraph beyond the date specified in subparagraph (A).

(3) The Secretary and the Chairman may mutually agree,

with respect to the determinations of value described in subparagraphs (A) and (B) of paragraph (1), to provide—

(A) for making any portion of the determinations of

value pursuant to subparagraphs (A) and (B) of paragraph

(1); and

(B) for making the remainder of the determinations

with respect to which the Secretary and the Chairman

do not exercise the option described in subparagraph (A),

pursuant to an appraisal conducted under paragraph (4).

(4)(A) Except as provided in subparagraph (C), if the Secretary and the Chairman do not agree on the determinations

of value made by the Secretary under subparagraphs (A) and

(B) of paragraph (1), or, pursuant to paragraph (3), mutually

agree to determine the value of certain lands pursuant to

this subparagraph, such values shall be determined by an

appraisal. An appraisal conducted under this subparagraph

shall be conducted in accordance with appraisal standards that

are mutually agreeable to the Secretary and the Chairman.

(B) If an appraisal is conducted pursuant to this subparagraph, during the appraisal process—

(i) the Chairman shall have the opportunity to present

evidence of value to the Secretary;

(ii) the Secretary shall provide the Chairman a preliminary copy of the appraisal;

(iii) the Chairman shall have a reasonable and sufficient opportunity to comment on the preliminary copy of

the appraisal; and

(iv) the Secretary shall give consideration to the comments and evidence of value submitted by the Chairman

under this subparagraph.

(C) The Chairman shall have the right to dispute the

determinations of values made by an appraisal conducted under

this subparagraph. If the Chairman disputes the appraisal,

the Secretary and the Chairman may mutually agree to employ

a process of bargaining, mediation, or other means of dispute
PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 359

resolution to make the determinations of values described in

subparagraphs (A) and (B) of paragraph (1).

(b) AUTHORIZATION.— (1) EXCHANGE.—Subject to paragraphs (2) and (5), the Sec- retary may convey Federal lands described in paragraph (5)

to the Department of Hawaiian Home Lands in exchange for

the continued retention by the Federal Government of lands

described in subsection (a)(1)(A).

(2) VALUE OF LANDS.—(A) The value of any lands conveyed

to the Department of Hawaiian Home Lands by the Federal

Government in accordance with an exchange made under paragraph (1) may not be less than the value of the lands retained

by the Federal Government pursuant to such exchange.

(B) For the purposes of this subsection, the value of any

lands exchanged pursuant to paragraph (1) shall be determined

as of the date the exchange is carried out, or any other date

determined by the Secretary, with the concurrence of the Chairman.

(3) LOST USE.—Subject to paragraphs (4) and (5), the Secretary may convey Federal lands described in paragraph (5)

to the Department of Hawaiian Home Lands as compensation

for the lost use of lands determined under subsection (a)(1)(B).

(4) VALUE OF LOST USE.—(A) the value of any lands conveyed to the Department of Hawaiian Home Lands by the

Federal Government as compensation under paragraph (3) may

not be less than the value of the lost use of lands determined

under subsection (a)(1)(B).

(B) For the purposes of this subparagraph, the value of

any lands conveyed pursuant to paragraph (3) shall be determined as of the date that the conveyance occurs, or any other

date determined by the Secretary, with the concurrence of

the Chairman.

(5) FEDERAL LANDS FOR EXCHANGE.—(A) Subject to subparagraphs (B) and (C), Federal lands located in Hawaii that are

under the control of an agency (other than lands within the

National Park System or the National Wildlife Refuge System)

may be conveyed to the Department of Hawaiian Home Lands

under paragraphs (1) and (3). To assist the Secretary in carrying out this Act, the head of an agency may transfer to the

Department of the Interior, without reimbursement, jurisdiction

and control over any lands and any structures that the Secretary determines to be suitable for conveyance to the Department of Hawaiian Home Lands pursuant to an exchange conducted under this section.

(B) No Federal lands that the Federal Government is

required to convey to the State of Hawaii under section 5

of the Hawaii State Admission Act may be conveyed under

paragraph (1) or (3).

(C) No Federal lands that generate income (or would be

expected to generate income) for the Federal Government may

be conveyed pursuant to an exchange made under this paragraph to the Department of Hawaiian Home Lands.

(c) AVAILABLE LANDS.—

(1) IN GENERAL.—Subject to paragraphs (2) and (3), the

Secretary shall require that lands conveyed to the Department

of Hawaiian Home Lands under this Act shall have the status

of available lands under the Hawaiian Homes Commission Act.
109 STAT. 360 PUBLIC LAW 104–42—NOV. 2, 1995

(2) SUBSEQUENT EXCHANGE OF LANDS.—Notwithstanding

any other provision of law, lands conveyed to the Department

of Hawaiian Home Lands under this paragraph may subsequently be exchanged pursuant to section 204(3) of the Hawaiian Home Commission Act.

(3) SALE OF CERTAIN LANDS.—Notwithstanding any other

provision of law, the Chairman may, at the time that lands

are conveyed to the Department of Hawaiian Home Lands

as compensation for lost use under this Act, designate lands

to be sold. The Chairman is authorized to sell such land under

terms and conditions that are in the best interest of the beneficiaries. The proceeds of such a sale may only be used for

the purposes described in section 207(a) of the Hawaiian Homes

Commission Act.

(d) CONSULTATION.—In carrying out their respective responsibilities under this section, the Secretary and the Chairman shall—

(1) consult with the beneficiaries and organizations representing the beneficiaries; and

(2) report to such organizations on a regular basis concerning the progress made to meet the requirements of this section.

(e) HOLD HARMLESS.—Notwithstanding any other provision of

law, the United States shall defend and hold harmless the Department of Hawaiian Home Lands, the employees of the Department,

and the beneficiaries with respect to any claim arising from the

ownership of any land or structure that is conveyed to the Department pursuant to an exchange made under this section prior to

the conveyance to the Department of such land or structure.

(f) SCREENING.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, the Secretary of Defense and the Administrator of General

Services shall, at the same time as notice is provided to Federal

agencies that excess real property is being screened pursuant

to applicable Federal laws (including regulations) for possible

transfer to such agencies, notify the Chairman of any such

screening of real property that is located within the State

of Hawaii.

(2) RESPONSE TO NOTIFICATION.—Notwithstanding any

other provision of law, not later than 90 days after receiving

a notice under paragraph (1), the Chairman may select for

appraisal real property, or at the election of the Chairman,

portions of real property, that is the subject of a screening.

(3) SELECTION.—Notwithstanding any other provision of

law, with respect to any real property located in the State

of Hawaii that, as of the date of enactment of this Act, is

being screened pursuant to applicable Federal laws for possible

transfer (as described in paragraph (1)) or has been screened

for such purpose, but has not been transferred or declared

to be surplus real property, the Chairman may select all, or

any portion of, such real property to be appraised pursuant

to paragraph (4).

(4) APPRAISAL.—Notwithstanding any other provision of

law, the Secretary of Defense or the Administrator of General

Services shall appriase the real property or portions of real

property selected by the Chairman using the Uniform Standards for Federal Land Acquisition developed by the Interagency

Land Acquisition Conference, or such other standard as the

Chairman agrees to.

Notification.
PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 361

(5) REQUEST FOR CONVEYANCE.—Notwithstanding any other

provision of law, not later than 30 days after the date of

completion of such appraisal, the Chairman may request the

conveyance to the Department of Hawaiian Home Lands of—

(A) the appraised property; or

(B) a portion of the appraised property, to the Department of Hawaiian Home Lands.

(6) CONVEYANCE.—Notwithstanding any other provision of

law, upon receipt of a request from the Chairman, the Secretary

of Defense or the Administrator of the General Services

Administration shall convey, without reimbursement, the real

property that is the subject of the request to the Department

of Hawaiian Home Lands as compensation for lands identified

under subsection (a)(1)(A) or lost use identified under subsection (a)(1)(B).

(7) REAL PROPERTY NOT SUBJECT TO RECOUPMENT.—Notwithstanding any other provision of law, any real property

conveyed pursuant to paragraph (6) shall not be subject to

recoupment based upon the sale or lease of the land by the

Chairman.

(8) VALUATION.—Notwithstanding any other provision of

law, the Secretary shall reduce the value identified under

subparagraph (A) or (B) of subsection (a)(1), as determined

pursuant to such subsection, by an amount equal to the

appraised value of any excess lands conveyed pursuant to paragraph (6).

(9) 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.

SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN

HOMES COMMISSION ACT.

(a) NOTICE TO THE SECRETARY.—Not later than 120 days after

a proposed amendment to the Hawaiian Homes Commission Act

is approved in the manner provided in section 4 of the Hawaii

State Admission Act, the Chairman shall submit to the Secretary—

(1) a copy of the proposed amendment;

(2) the nature of the change proposed to be made by the

amendment; and

(3) an opinion regarding whether the proposed amendment

requires the approval of Congress under section 4 of the Hawaii

State Admission Act.

(b) DETERMINATION BY SECRETARY.—Not later than 60 days

after receiving the materials required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall determine

whether the proposed amendment requires the approval of Congress

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;

Notification.
109 STAT. 362 PUBLIC LAW 104–42—NOV. 2, 1995

(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.—

Notification.

Reports.

Reports.
PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 363

(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.
109 STAT. 364 PUBLIC LAW 104–42—NOV. 2, 1995

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
PUBLIC LAW 104–42—NOV. 2, 1995 109 STAT. 365

LEGISLATIVE HISTORY—H.R. 402:

HOUSE REPORTS: No. 104–73 (Comm. on Resources).

SENATE REPORTS: No. 104–119 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Mar. 14, considered and passed House.

Aug. 3, considered and passed Senate, amended.

Sept. 18, 19, House considered and concurred in Senate amendment.

Æ

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.

Approved November 2, 1995.