Calendar No. 705

103D CONGRESS

2D SESSION S. 2174

[Report No. 103–393]

A BILL

To provide for the administration of the Hawaiian

purposes.Homes Commission Act, 1920, and for other

SEPTEMBER 30 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment
II

Calendar No. 705

103D CONGRESS

2D SESSION S. 2174

[Report No. 103–393]

To provide for the administration of the Hawaiian Homes Commission Act,

1920, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 9 (legislative day, JUNE 7), 1994

Mr. AKAKA introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

SEPTEMBER 30 (legislative day SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the administration of the Hawaiian Homes

Commission Act, 1920, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hawaiian Home Lands

5 Recovery Act’’.
2

•S 2174 RS

1 SEC. 2. DEFINITIONS.

2 As used in this Act:

3 (1) BENEFICIARY.—The term ‘‘beneficiary’’ has

4 the same meaning as is given the term ‘‘native Ha5 waiian’’ under section 201(7) of the Hawaiian

6 Homes Commission Act.

7 (2) CHAIRPERSON.—The term ‘‘Chairperson’’

8 means the Chairperson of the Department of Hawai9 ian Home Lands of the State of Hawaii.

10 (3) COMMISSION.—The term ‘‘Commission’’

11 means the Hawaiian Homes Commission established

12 by section 202 of the Hawaiian Homes Commission

13 Act.

14 (4) HAWAIIAN HOMES COMMISSION ACT.—The

15 term ‘‘Hawaiian Homes Commission Act’’ means the

16 Hawaiian Homes Commission Act, 1920 (42 Stat.

17 108 et seq., chapter 42).

18 (5) HAWAII STATE ADMISSIONS ACT.—The term

19 ‘‘Hawaii State Admissions Act’’ means the Act enti20 tled ‘‘An Act to provide for the admission of the

21 State of Hawaii into the Union’’, approved March

22 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note

23 prec. 491).

24 (6) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
3

•S 2174 RS

1 SEC. 3. SETTLEMENT OF FEDERAL CLAIMS.

2 (a) IN GENERAL.—

3 (1) IN GENERAL.—The Secretary is authorized

4 to settle claims against the United States by bene5 ficiaries through negotiations with a representative

6 of the beneficiaries and the State of Hawaii. A set7 tlement made under this paragraph may include an

8 exchange of lands under paragraph (2).

9 (2) EXCHANGE.—

10 (A) AUTHORIZATION.—(i) Subject to sub11 paragraphs (B) and (C), pursuant to a settle12 ment entered into under this section, the Sec13 retary may convey Federal lands described in

14 subparagraph (C) to the Department of Hawai15 ian Home Lands in exchange for the continued

16 retention by the Federal Government of lands

17 described in clause (ii).

18 (ii) The lands described in this clause are

19 lands under the control of the Federal Govern20 ment that—

21 (I) were initially designated as Hawai22 ian home lands under section 203 of the

23 Hawaiian Homes Commission Act; and

24 (II) were nevertheless transferred to

25 or otherwise acquired by the Federal Gov26 ernment.
4

•S 2174 RS

1 (B) VALUE OF LANDS.—(i) The value of

2 any lands conveyed to the Department of Ha3 waiian Home Lands by the Federal Government

4 in accordance with an exchange made under

5 subparagraph (A) may not be less than the

6 value of the lands retained by the Federal Gov7 ernment pursuant to such exchange.

8 (ii) For the purposes of this paragraph,

9 the value of any lands exchanged pursuant to

10 subparagraph (A) shall be the value of the

11 lands subject to the exchange on the date that

12 the exchange is carried out, or any other date

13 determined by the Secretary, with the concur14 rence of the appropriate official of the State of

15 Hawaii and the representative of the bene16 ficiaries referred to in paragraph (1).

17 (C) FEDERAL LANDS FOR EXCHANGE.—(i)

18 Subject to clause (ii), the Federal lands that

19 may be conveyed to the Department of Hawai20 ian Home Lands under subparagraph (A) are

21 lands located in Hawaii that—

22 (I) are under the control of the Sec23 retary (other than lands within the Na24 tional Park System or the National Wild25 life Refuge System); or
5

•S 2174 RS

1 (II) have been declared surplus prop2 erty under the Federal Property and Ad3 ministrative Services Act of 1949 (40

4 U.S.C. 471 et seq.).

5 (ii) No Federal lands that the Federal

6 Government is required to convey to the State

7 of Hawaii under section 5 of the Hawaii State

8 Admissions Act may be exchanged under sub9 paragraph (A).

10 (D) COMPENSATION FOR LOSS OF USE.—

11 The Secretary may convey lands to the Depart12 ment of Hawaiian Home Lands under this

13 paragraph as compensation for the lost use of

14 lands described in subparagraph (A)(ii).

15 (E) CONDITIONS.—(i) Subject to clause

16 (ii), the Secretary shall require that lands con17 veyed to the Department of Hawaiian Home

18 Lands under this paragraph shall have the sta19 tus of available lands under the Hawaiian

20 Homes Commission Act.

21 (ii) Notwithstanding any other provision of

22 law, lands conveyed to the Department of Ha23 waiian Home Lands under this paragraph may

24 later be exchanged pursuant to section 204(3)

25 of the Hawaiian Homes Commission Act.
6

•S 2174 RS

1 (3) REPRESENTATIVE OF THE BENE2 FICIARIES.—

3 (A) IN GENERAL.—Notwithstanding any

4 other provision of law, for the purpose of nego5 tiating and settling claims described in para6 graph (1), the actions of the representative of

7 the beneficiaries shall be binding on the bene8 ficiaries.

9 (B) CONSULTATION.—In carrying out re10 sponsibilities under this Act, the representative

11 of the beneficiaries shall—

12 (i) consult with the beneficiaries and

13 organizations representing the bene14 ficiaries; and

15 (ii) report to such organizations on a

16 regular basis concerning the progress of

17 negotiations relating to claims described in

18 paragraph (1).

19 (b) NOTIFICATION.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), if the Secretary, the representative of the

22 beneficiaries, and the State of Hawaii do not settle

23 all claims described in subsection (a)(1) during the

24 1-year period beginning on the date of enactment of

25 this Act, upon the termination of such period, the
7

•S 2174 RS

1 Secretary shall provide written notification of the

2 status of the claims to the Committee on Energy

3 and Natural Resources of the Senate and the Com4 mittee on Natural Resources of the House of Rep5 resentatives.

6 (2) EXTENSION OF NEGOTIATIONS.—

7 (A) IN GENERAL.—The Secretary, with the

8 concurrence of the representative of the bene9 ficiaries and the State of Hawaii, may extend

10 the termination date of the period for negotiat11 ing and settling claims specified in paragraph

12 (1) beyond the termination date specified in

13 such paragraph, except that the extended period

14 shall terminate not later than 2 years after the

15 date of enactment of this Act.

16 (B) NOTIFICATION.—The Secretary shall

17 provide written notification to the Committee

18 on Energy and Natural Resources of the Senate

19 and the Committee on Natural Resources of the

20 House of Representatives of any extension of

21 the period specified in paragraph (1) made pur22 suant to subparagraph (A).

23 (c) STATUTORY CONSTRUCTION.—Nothing in this

24 Act is intended to limit the right—
8

•S 2174 RS

1 (1) of the representative of the beneficiaries to

2 seek relief in a civil action against the United

3 States; or

4 (2) of any person to seek further legislative re5 lief.

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated such sums as are nec8 essary to carry out this section.

9 SEC. 4. PROCEDURE FOR APPROVAL OF AMENDMENTS TO

10 HAWAIIAN HOMES COMMISSION ACT.

11 (a) NOTICE TO THE SECRETARY.—Not later than 60

12 days after the legislature of the State of Hawaii approves

13 a proposed amendment to the Hawaiian Homes Commis14 sion Act in the manner required for State legislation, the

15 Chairperson shall submit to the Secretary—

16 (1) a copy of the proposed amendment;

17 (2) the nature of the change proposed to be

18 made by the amendment; and

19 (3) an opinion by the Chairperson regarding

20 whether the proposed amendment requires the ap21 proval of Congress under section 4 of the Hawaii

22 State Admissions Act.

23 (b) DETERMINATION BY SECRETARY.—Not later

24 than 60 days after receiving the materials required to be

25 submitted by the Chairperson pursuant to subsection (a),
9

•S 2174 RS

1 the Secretary shall determine whether the proposed

2 amendment requires the approval of Congress under sec3 tion 4 of the Hawaii State Admissions Act, and shall no4 tify the Chairperson and Congress of the determination

5 of the Secretary.

6 (c) CONGRESSIONAL APPROVAL REQUIRED.—If, pur7 suant to subsection (b), the Secretary determines that the

8 proposed amendment requires the approval of Congress,

9 the Secretary shall submit to the Committee on Energy

10 and Natural Resources of the Senate and the Committee

11 on Natural Resources of the House of Representatives—

12 (1) a draft joint resolution approving the

13 amendment;

14 (2) a description of the change made by the

15 proposed amendment and an explanation of how the

16 amendment advances the interests of the bene17 ficiaries;

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

19 date of submission of the proposed amendment) that

20 is the subject of the amendment with the proposed

21 amendment;

22 (4) a recommendation concerning the advisabil23 ity of approving the proposed amendment; and

24 (5) any documentation concerning the amend25 ments received from the Chairperson.
10

•S 2174 RS

1 SEC. 5. LAND EXCHANGES.

2 (a) NOTICE TO THE SECRETARY.—If the Chairperson

3 recommends for approval an exchange of Hawaiian home

4 lands, the Chairperson shall submit a report to the Sec5 retary on the proposed exchange. The report shall con6 tain—

7 (1) a description of the acreage and fair market

8 value of the lands involved in the exchange;

9 (2) surveys and appraisals prepared by the De10 partment of Hawaiian Home Lands, if any; and

11 (3) an identification of the benefits to the par12 ties of the proposed exchange.

13 (b) APPROVAL OR DISAPPROVAL.—

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

15 after receiving the information required to be sub16 mitted by the Chairperson pursuant to subsection

17 (a), the Secretary shall approve or disapprove the

18 proposed exchange.

19 (2) NOTIFICATION.—The Secretary shall notify

20 the Chairperson, the Committee on Energy and Nat21 ural Resources of the Senate, and the Committee on

22 Natural Resources of the House of Representatives

23 of the reasons for the approval or disapproval of the

24 proposed exchange.

25 (c) EXCHANGES INITIATED BY SECRETARY.—
11

•S 2174 RS

1 (1) IN GENERAL.—The Secretary may rec2 ommend to the Chairperson an exchange of Hawai3 ian home lands for Federal lands described in

4 subclauses (I) and (II) of section 3(a)(2)(C)(i), other

5 than lands described in section 3(a)(2)(C)(ii). If the

6 Secretary initiates a recommendation for such an ex7 change, the Secretary shall submit a report to the

8 Chairperson on the proposed exchange that meets

9 the requirements of a report described in subsection

10 (a).

11 (2) APPROVAL BY CHAIRPERSON.—Not later

12 than 120 days after receiving a recommendation for

13 an exchange from the Secretary under paragraph

14 (1), the Chairperson shall provide written notifica15 tion to the Secretary of the approval or disapproval

16 of a proposed exchange. If the Chairperson approves

17 the proposed exchange, upon receipt of the written

18 notification, the Secretary shall notify the Commit19 tee on Energy and Natural Resources of the Senate,

20 and the Committee on Natural Resources of the

21 House of Representatives of the approval of the

22 Chairperson of the proposed exchange.

23 (3) EXCHANGE.—Upon providing notification

24 pursuant to paragraph (2) of a proposed exchange

25 that has been approved by the Chairperson pursuant
12

•S 2174 RS

1 to this section, the Secretary may carry out the ex2 change.

3 (d) SURVEYS AND APPRAISALS.—

4 (1) REQUIREMENT.—The Secretary shall con5 duct a survey of all Hawaiian home lands based on

6 the report entitled ‘‘Survey Needs for the Hawaiian

7 Home Lands’’, issued by the Inspector General of

8 the Department of the Interior, and dated July

9 1991.

10 (2) OTHER SURVEYS.—The Secretary is author11 ized to conduct such other surveys and appraisals as

12 may be necessary to make an informed decision re13 garding approval or disapproval of a proposed ex14 change.

15 SEC. 6. ADMINISTRATION OF ACTS.

16 (a) DESIGNATION.—

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

18 after the date of enactment of this Act, the Sec19 retary shall designate an individual from within the

20 Department of the Interior to administer the respon21 sibilities of the United States under this Act and the

22 Hawaiian Homes Commission Act.

23 (2) DEFAULT.—If the Secretary fails to make

24 an appointment by the date specified in paragraph

25 (1), or if the position is vacant at any time there-
13

•S 2174 RS

1 after, the Assistant Secretary for Policy, Budget,

2 and Administration of the Department of the Inte3 rior shall exercise the responsibilities for the Depart4 ment in accordance with subsection (b).

5 (b) RESPONSIBILITIES.—The individual designated

6 pursuant to subsection (a) shall, in administering the Acts

7 referred to in such subsection—

8 (1) advance the interests of the beneficiaries;

9 and

10 (2) assist the beneficiaries and the Department

11 of Hawaiian Home Lands in obtaining assistance

12 from programs of the Department of the Interior

13 and other Federal agencies that will promote home14 steading opportunities, economic self-sufficiency, and

15 social well-being of the beneficiaries.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘Hawaiian Home Lands

18 Recovery Act’’.

19 SEC. 2. DEFINITIONS.

20 As used in this Act:

21 (1) AGENCY.—The term ‘‘agency’’ includes—

22 (A) any instrumentality of the United

23 States;

24 (B) any element of an agency; and
14

•S 2174 RS

1 (C) any wholly owned or mixed-owned cor2 poration of the United States Government.

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

4 the same meaning as is given the term ‘‘native Ha5 waiian’’ under section 201(7) of the Hawaiian Homes

6 Commission Act.

7 (3) CHAIRPERSON.—The term ‘‘Chairperson’’

8 means the Chairperson of the Department of Hawai9 ian Home Lands of the State of Hawaii.

10 (4) COMMISSION.—The term ‘‘Commission’’

11 means the Hawaiian Homes Commission established

12 by section 202 of the Hawaiian Homes Commission

13 Act.

14 (5) HAWAIIAN HOMES COMMISSION ACT.—The

15 term ‘‘Hawaiian Homes Commission Act’’ means the

16 Hawaiian Homes Commission Act, 1920 (42 Stat.

17 108 et seq., chapter 42).

18 (6) HAWAII STATE ADMISSIONS ACT.—The term

19 ‘‘Hawaii State Admissions Act’’ means the Act enti20 tled ‘‘An Act to provide for the admission of the State

21 of Hawaii into the Union’’, approved March 18, 1959

22 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 491).

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

24 inability of beneficiaries or the Hawaiian Homes

25 Commission to use lands as authorized by sections
15

•S 2174 RS

1 204 and 207 of the Hawaiian Homes Commission Act

2 because of the use of such lands by the Federal Gov3 ernment after August 21, 1959.

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

5 the Secretary of the Interior.

6 SEC. 3. SETTLEMENT OF FEDERAL CLAIMS.

7 (a) IN GENERAL.—

8 (1) DETERMINATION.—The Secretary shall deter9 mine the value of the following:

10 (A) Lands under the control of the Federal

11 Government that—

12 (i) were initially designated as Hawai13 ian home lands under section 203 of the

14 Hawaiian Homes Commission Act (as in

15 effect on the date of enactment of such Act);

16 and

17 (ii) were nevertheless transferred to or

18 otherwise acquired by the Federal Govern19 ment.

20 (B) The lost use of lands described in sub21 paragraph (A).

22 (C)(i) Except as provided in clause (ii), the

23 determinations of value made under this sub24 section shall be made not later than 1 year after

25 the date of enactment of this Act. In carrying
16

•S 2174 RS

1 out this subsection, the Secretary shall use a

2 method of determining value that—

3 (I) is acceptable to the Chairperson;

4 and

5 (II) is in the best interest of the bene6 ficiaries.

7 (ii) The Secretary and the Chairperson may

8 mutually agree to extend the deadline for making

9 determinations under this subparagraph beyond

10 the date specified in clause (i).

11 (D)(i) Except as provided in clause (iii), if

12 the Secretary and the Chairperson do not agree

13 on the determinations of values made by the Sec14 retary under subparagraphs (A) and (B), such

15 values shall be determined by an appraisal. An

16 appraisal conducted under this subparagraph

17 shall be conducted in accordance with the Uni18 form Standards for Federal Land Acquisitions

19 developed by the Interagency Land Acquisition

20 Conference or such other standards as the Sec21 retary, with the concurrence of the Chairperson,

22 determines to be appropriate.

23 (ii) If an appraisal is conducted pursuant

24 to this subparagraph, during the appraisal proc25 ess—
17

•S 2174 RS

1 (I) the Chairperson shall have the op2 portunity to present evidence of value to the

3 Secretary;

4 (II) the Secretary shall provide the

5 Chairperson a preliminary copy of the ap6 praisal;

7 (III) the Chairperson shall have a rea8 sonable and sufficient opportunity to com9 ment on the preliminary copy of the ap10 praisal; and

11 (IV) the Secretary shall give consider12 ation to the comments and evidence of value

13 submitted by the Chairperson under this

14 clause.

15 (iii) The Chairperson shall have the right to

16 dispute the determinations of values made by an

17 appraisal conducted under this subparagraph. If

18 the Chairperson disputes the appraisal, the Sec19 retary and the Chairperson may mutually agree

20 to employ a process of bargaining, mediation, or

21 other means of dispute resolution to make the de22 terminations of values described in subpara23 graphs (A) and (B).

24 (2) AUTHORIZATION.—
18

•S 2174 RS

1 (A) EXCHANGE.—Subject to subparagraphs

2 (B) and (E), the Secretary may convey Federal

3 lands described in subparagraph (E) to the De4 partment of Hawaiian Home Lands in exchange

5 for the continued retention by the Federal Gov6 ernment of lands described in subsection

7 (a)(1)(A).

8 (B) VALUE OF LANDS.—(i) The value of

9 any lands conveyed to the Department of Ha10 waiian Home Lands by the Federal Government

11 in accordance with an exchange made under sub12 paragraph (A) may not be less than the value of

13 the lands retained by the Federal Government

14 pursuant to such exchange.

15 (ii) For the purposes of this paragraph, the

16 value of any lands exchanged pursuant to sub17 paragraph (A) shall be the value of the lands

18 subject to the exchange on the date that the ex19 change is carried out, or any other date deter20 mined by the Secretary, with the concurrence of

21 the Chairperson.

22 (C) LOST USE.—Subject to subparagraphs

23 (D) and (E), the Secretary may convey Federal

24 lands described in subparagraph (E) to the De25 partment of Hawaiian Home Lands as com-
19

•S 2174 RS

1 pensation for the lost use of lands determined

2 under subsection (a)(1).

3 (D) VALUE OF LOST USE.—(i) The value of

4 any lands conveyed to the Department of Ha5 waiian Home Lands by the Federal Government

6 as compensation under subparagraph (C) may

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

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

9 (ii) For the purposes of this paragraph, the

10 value of any lands conveyed pursuant to sub11 paragraph (C) shall be equal to the value of the

12 lost use of lands determined under subsection

13 (a)(1) on the date that the conveyance occurs, or

14 any other date determined by the Secretary, with

15 the concurrence of the Chairperson.

16 (E) FEDERAL LANDS FOR EXCHANGE.—(i)

17 Subject to clauses (ii) and (iii), the Federal

18 lands that may be conveyed to the Department

19 of Hawaiian Home Lands under subparagraphs

20 (A) and (C) are lands located in Hawaii that

21 are under the control of an agency (other than

22 lands within the National Park System or the

23 National Wildlife Refuge System). To assist the

24 Secretary in carrying out this Act, the head of

25 an agency may transfer to the Department of the
20

•S 2174 RS

1 Interior, without reimbursement, jurisdiction

2 and control of any lands and any structures that

3 the Secretary determines to be suitable for con4 veyance to the Department of Hawaiian Home

5 Lands pursuant to an exchange conducted under

6 this section.

7 (ii) No Federal lands that the Federal Gov8 ernment is required to convey to the State of Ha9 waii under section 5 of the Hawaii State Admis10 sions Act may be conveyed under subparagraph

11 (A) or (C).

12 (iii) No Federal lands that generate income

13 (or would be expected to generate income) for the

14 Federal Government may be conveyed pursuant

15 to an exchange made under this paragraph to

16 the Department of Hawaiian Home Lands.

17 (3) AVAILABLE LANDS.—

18 (A) IN GENERAL.—Subject to subparagraph

19 (B), the Secretary shall require that lands con20 veyed to the Department of Hawaiian Home

21 Lands under this paragraph shall have the sta22 tus of available lands under the Hawaiian Home

23 Commission Act.

24 (B) SUBSEQUENT EXCHANGE OF LANDS.—

25 Notwithstanding any other provision of law,
21

•S 2174 RS

1 lands conveyed to the Department of Hawaiian

2 Home Lands under this paragraph may subse3 quently be exchanged pursuant to section 204(3)

4 of the Hawaiian Homes Commission Act.

5 (4) CONSULTATION.—In carrying out their re6 spective responsibilities under this section, the Sec7 retary and the Chairperson shall—

8 (A) consult with the beneficiaries and orga9 nizations representing the beneficiaries; and

10 (B) report to such organizations on a regu11 lar basis concerning the progress made to meet

12 the requirements of this section.

13 (5) HOLD HARMLESS.—Notwithstanding any

14 other provision of law, the United States shall defend

15 and hold harmless the Department of Hawaiian

16 Home Lands, the employees of the Department, and

17 the beneficiaries with respect to any claim arising

18 from the ownership of any land or structure that is

19 conveyed to the Department pursuant to an exchange

20 made under this section prior to the conveyance to the

21 Department of such land or structure.

22 SEC. 4. PROCEDURE FOR APPROVAL OF AMENDMENTS TO

23 HAWAIIAN HOMES COMMISSION ACT.

24 (a) NOTICE TO THE SECRETARY.—Not later than 60

25 days after the legislature of the State of Hawaii approves
22

•S 2174 RS

1 a proposed amendment to the Hawaiian Homes Commis2 sion Act in the manner required for State legislation, the

3 Chairperson shall submit to the Secretary—

4 (1) a copy of the proposed amendment;

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

6 by the amendment; and

7 (3) an opinion by the Chairperson regarding

8 whether the proposed amendment requires the ap9 proval of Congress under section 4 of the Hawaii

10 State Admissions Act.

11 (b) DETERMINATION BY SECRETARY.—Not later than

12 60 days after receiving the materials required to be submit13 ted by the Chairperson pursuant to subsection (a), the Sec14 retary shall determine whether the proposed amendment re15 quires the approval of Congress under section 4 of the Ha16 waii State Admissions Act, and shall notify the Chair17 person and Congress of the determination of the Secretary.

18 (c) CONGRESSIONAL APPROVAL REQUIRED.—If, pur19 suant to subsection (b), the Secretary determines that the

20 proposed amendment requires the approval of Congress, the

21 Secretary shall submit to the Committee on Energy and

22 Natural Resources of the Senate and the Committee on Nat23 ural Resources of the House of Representatives—

24 (1) a draft joint resolution approving the

25 amendment;
23

•S 2174 RS

1 (2) a description of the change made by the pro2 posed amendment and an explanation of how the

3 amendment advances the interests of the beneficiaries;

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

5 date of submission of the proposed amendment) that

6 is the subject of the amendment with the proposed

7 amendment;

8 (4) a recommendation concerning the advisabil9 ity of approving the proposed amendment; and

10 (5) any documentation concerning the amend11 ments received from the Chairperson.

12 SEC. 5. LAND EXCHANGES.

13 (a) NOTICE TO THE SECRETARY.—If the Chairperson

14 recommends for approval an exchange of Hawaiian home

15 lands, the Chairperson shall submit a report to the Sec16 retary on the proposed exchange. The report shall contain—

17 (1) a description of the acreage and fair market

18 value of the lands involved in the exchange;

19 (2) surveys and appraisals prepared by the De20 partment of Hawaiian Home Lands, if any; and

21 (3) an identification of the benefits to the parties

22 of the proposed exchange.

23 (b) APPROVAL OR DISAPPROVAL.—

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

25 receiving the information required to be submitted by
24

•S 2174 RS

1 the Chairperson pursuant to subsection (a), the Sec2 retary shall approve or disapprove the proposed ex3 change.

4 (2) NOTIFICATION.—The Secretary shall notify

5 the Chairperson, the Committee on Energy and Natu6 ral Resources of the Senate, and the Committee on

7 Natural Resources of the House of Representatives of

8 the reasons for the approval or disapproval of the pro9 posed exchange.

10 (c) EXCHANGES INITIATED BY SECRETARY.—

11 (1) IN GENERAL.—The Secretary may rec12 ommend to the Chairperson an exchange of Hawaiian

13 home lands for Federal lands described in section

14 3(a)(2)(E), other than lands described clauses (ii) and

15 (iii) of such section. If the Secretary initiates a rec16 ommendation for such an exchange, the Secretary

17 shall submit a report to the Chairperson on the pro18 posed exchange that meets the requirements of a re19 port described in subsection (a).

20 (2) APPROVAL BY CHAIRPERSON.—Not later than

21 120 days after receiving a recommendation for an ex22 change from the Secretary under paragraph (1), the

23 Chairperson shall provide written notification to the

24 Secretary of the approval or disapproval of a pro25 posed exchange. If the Chairperson approves the pro-
25

•S 2174 RS

1 posed exchange, upon receipt of the written notifica2 tion, the Secretary shall notify the Committee on En3 ergy and Natural Resources of the Senate, and the

4 Committee on Natural Resources of the House of Rep5 resentatives of the approval of the Chairperson of the

6 proposed exchange.

7 (3) EXCHANGE.—Upon providing notification

8 pursuant to paragraph (2) of a proposed exchange

9 that has been approved by the Chairperson pursuant

10 to this section, the Secretary may carry out the ex11 change.

12 (d) SURVEYS AND APPRAISALS.—

13 (1) REQUIREMENT.—The Secretary shall conduct

14 a survey of all Hawaiian home lands based on the re15 port entitled ‘‘Survey Needs for the Hawaiian Home

16 Lands’’, issued by the Inspector General of the De17 partment of the Interior, and dated July 1991.

18 (2) OTHER SURVEYS.—The Secretary is author19 ized to conduct such other surveys and appraisals as

20 may be necessary to make an informed decision re21 garding approval or disapproval of a proposed ex22 change.

23 SEC. 6. ADMINISTRATION OF ACTS.

24 (a) DESIGNATION.—
26

•S 2174 RS

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

2 the date of enactment of this Act, the Secretary shall

3 designate an individual from within the Department

4 of the Interior to administer the responsibilities of the

5 United States under this Act and the Hawaiian

6 Homes Commission Act.

7 (2) DEFAULT.—If the Secretary fails to make an

8 appointment by the date specified in paragraph (1),

9 or if the position is vacant at any time thereafter, the

10 Assistant Secretary for Policy, Budget, and Adminis11 tration of the Department of the Interior shall exer12 cise the responsibilities for the Department in accord13 ance with subsection (b).

14 (b) RESPONSIBILITIES.—The individual designated

15 pursuant to subsection (a) shall, in administering the Acts

16 referred to in such subsection—

17 (1) advance the interests of the beneficiaries; and

18 (2) assist the beneficiaries and the Department of

19 Hawaiian Home Lands in obtaining assistance from

20 programs of the Department of the Interior and other

21 Federal agencies that will promote homesteading op22 portunities, economic self-sufficiency, and social well23 being of the beneficiaries.

S 2174 RS——2