Calendar No. 154

104TH CONGRESS

1ST SESSION H. R. 402

[Report No. 104–119]

AN ACT

To amend the Alaska Native Claims Settlement

Act, and for other purposes.

JULY 24 (legislative day, JULY 10), 1995

Reported with an amendment
II

Calendar No. 154

104TH CONGRESS

1ST SESSION H. R. 402

[Report No. 104–119]

IN THE SENATE OF THE UNITED STATES

MARCH 15, 1995

Received; read twice and referred to the Committee on Energy and Natural

Resources

JULY 24 (legislative day, JULY 10), 1995

Reported by Mr. MURKOWSKI, with an amendment

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

AN ACT

To amend the Alaska Native Claims Settlement Act, 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. RATIFICATION OF CERTAIN CASWELL AND

4 MONTANA CREEK NATIVE ASSOCIATIONS

5 CONVEYANCES.

6 The conveyance of approximately 11,520 acres to

7 Montana Creek Native Association, Inc., and the convey8 ance of approximately 11,520 acres to Caswell Native As-
2

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1 sociation, Inc., by Cook Inlet Region, Inc. in fulfillment

2 of the agreement of February 3, 1976, and subsequent

3 letter agreement of March 26, 1982, among the three par4 ties are hereby adopted and ratified as a matter of Federal

5 law. These conveyances shall be deemed to be conveyances

6 pursuant to section 14(h)(2) of the Alaska Native Claims

7 Settlement Act (43 U.S.C. 1613(h)(2)). The group cor8 porations for Montana Creek and Caswell are hereby de9 clared to have received their full entitlement and shall not

10 be entitled to the receipt of any additional lands under

11 the Alaska Native Claims Settlement Act. The ratification

12 of these conveyances shall not have any other effect upon

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

14 (43 U.S.C. 1613(h)) or upon the duties and obligations

15 of the United States to any Alaska Native Corporation.

16 This ratification shall not be the basis for any claim to

17 land or money by Caswell or Montana Creek group cor18 porations or any other Alaska Native Corporation against

19 the State of Alaska, the United States, or Cook Inlet Re20 gion, Incorporated.

21 SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALAS22 KA REGIONAL CORPORATION.

23 Section 22(c) of the Alaska Native Claims Settlement

24 Act (43 U.S.C. 1621(c)) is amended by adding at the end

25 the following:
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1 ‘‘(3) This section shall apply to lands conveyed by in2 terim conveyance or patent to a regional corporation pur3 suant to this Act which are made subject to a mining claim

4 or claims located under the general mining laws, including

5 lands conveyed prior to enactment of this paragraph. Ef6 fective upon the date of the enactment of this paragraph,

7 the Secretary, acting through the Bureau of Land Man8 agement and in a manner consistent with section 14(g)

9 of this Act, shall transfer to the regional corporation ad10 ministration of all mining claims determined to be entirely

11 within lands conveyed to that corporation. Any person

12 holding such mining claim or claims shall meet such re13 quirements of the general mining laws and section 314

14 of the Federal Land Management and Policy Act of 1976

15 (43 U.S.C. 1744), except that any filings which would

16 have been made with the Bureau of Land Management

17 if the lands were within Federal ownership shall be timely

18 made to the appropriate regional corporation. The validity

19 of any such mining claim or claims may be contested by

20 the regional corporation, in the place of the United States.

21 All contest proceedings and appeals by the mining claim22 ants of adverse decisions made by the regional corporation

23 shall be brought in Federal District Court for the District

24 of Alaska. Neither the United States nor any Federal

25 agency or official shall be named or joined as a party in
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1 such proceedings or appeals. All revenues from such min2 ing claims received after passage of this paragraph shall

3 be remitted to the regional corporation subject to distribu4 tion pursuant to section 7(i) of this Act, except that in

5 the event that the mining claim or claims are not totally

6 within the lands conveyed to the regional corporation, the

7 regional corporation shall be entitled only to that propor8 tion of revenues, other than administrative fees, reason9 ably allocated to the portion of the mining claim or claims

10 so conveyed.’’.

11 SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARD12 OUS SUBSTANCE CONTAMINATION OF TRANS13 FERRED LANDS.

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

15 1601 et seq.) is amended by adding at the end the

16 following:

17 ‘‘CLAIMS ARISING FROM CONTAMINATION OF

18 TRANSFERRED LANDS

19 ‘‘SEC. 40. (a) As used in this section:

20 ‘‘(1) The term ‘contaminant’ means hazardous

21 substances harmful to public health or the environ22 ment, including asbestos.

23 ‘‘(2) The term ‘lands’ means real property

24 transferred to an Alaska Native Corporation pursu25 ant to this Act.
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1 ‘‘(b) Within 18 months of enactment of this section,

2 and after consultation with the Secretary of Agriculture,

3 State of Alaska, and appropriate Alaska Native corpora4 tions and organizations, the Secretary shall submit to the

5 Committee on Resources of the House of Representatives

6 and the Committee on Energy and Natural Resources of

7 the Senate, a report addressing issues presented by the

8 presence of hazardous substances on lands conveyed or

9 prioritized for conveyance to such corporations pursuant

10 to this Act. Such report shall consist of—

11 ‘‘(1) existing information concerning the nature

12 and types of contaminants present on such lands

13 prior to conveyance to Alaska Native corporations;

14 ‘‘(2) existing information identifying the exist15 ence and availability of potentially responsible par16 ties for the removal or amelioration of the effects of

17 such contaminants;

18 ‘‘(3) identification of existing remedies; and

19 ‘‘(4) recommendations for any additional legis20 lation that the Secretary concludes is necessary to

21 remedy the problem of contaminants on such

22 lands.’’.
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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE

2 PURPOSES OF IMPLEMENTING REQUIRED

3 RECONVEYANCES.

4 Section 14(c) of Alaska Native Claims Settlement Act

5 (43 U.S.C. 1613(c)) is amended by adding at the end the

6 following: ‘‘There is authorized to be appropriated such

7 sums as may be necessary for the purpose of providing

8 technical assistance to Village Corporations established

9 pursuant to this Act in order that they may fulfill the

10 reconveyance requirements of section 14(c) of this Act.

11 The Secretary may make funds available as grants to

12 ANCSA or nonprofit corporations that maintain in-house

13 land planning and management capabilities.’’.

14 SEC. 5. NATIVE ALLOTMENTS.

15 Section 1431(o) of the Alaska National Interest

16 Lands Conservation Act (94 Stat. 2542) is amended by

17 adding at the end the following:

18 ‘‘(5) Following the exercise by Arctic Slope Regional

19 Corporation of its option under paragraph (1) to acquire

20 the subsurface estate beneath lands within the National

21 Petroleum Reserve—Alaska selected by Kuukpik Corpora22 tion, where such subsurface estate entirely surrounds

23 lands subject to a Native allotment application approved

24 under section 905 of this Act, and the oil and gas in such

25 lands have been reserved to the United States, Arctic

26 Slope Regional Corporation, at its further option and sub-
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1 ject to the concurrence of the Kuupik Corporation, shall

2 be entitled to receive a conveyance of the reserved oil and

3 gas, including all rights and privileges therein reserved to

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

5 conveyance of such oil and gas interests, the entitlement

6 of Arctic Slope Regional Corporation to in-lieu subsurface

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

8 Settlement Act (43 U.S.C. 1611(a)(1)) shall be reduced

9 by the amount of acreage determined by the Secretary to

10 be conveyed to Arctic Slope Regional Corporation pursu11 ant to this paragraph.’’.

12 SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN

13 NATIVE ALASKAN VETERANS FOR ALLOT14 MENTS.

15 (a) IN GENERAL.—No later than six months after the

16 date of enactment of this Act, the Secretary of the Inte17 rior, in consultation with the Secretary of Agriculture, the

18 State of Alaska and appropriate Native corporations and

19 organizations, shall submit to the Committee on Resources

20 of the House of Representatives and the Committee on

21 Energy and Natural Resources of the Senate, a report

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

23 (1) The number of Vietnam era veterans, as de24 fined in section 101 of title 38, United States Code,

25 who were eligible for but did not apply for an allot-
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1 ment of not to exceed 160 acres under the Act of

2 May 17, 1906 (Chapter 2469; 34 Stat. 197), as

3 such Act was in effect before December 18, 1971;

4 (2) an assessment of the potential impacts of

5 additional allotments on conservation system units

6 as such term is defined in section 102(4) of the

7 Alaska National Interest Lands Conservation Act

8 (94 Stat. 2375); and

9 (3) recommendations for any additional legisla10 tion that the Secretary concludes is necessary.

11 (b) REQUIREMENT.—The Secretary of Veterans Af12 fairs shall release to the Secretary of the Interior informa13 tion relevant to the report required under subsection (a).

14 SEC. 7. TRANSFER OF WRANGELL INSTITUTE.

15 (a) PROPERTY TRANSFER.—Cook Inlet Region, In16 corporated, is authorized to transfer to the United States

17 and the General Services Administration shall accept an

18 approximately 10-acre site of the Wrangell Institute in

19 Wrangell, Alaska, and the structures contained thereon.

20 (b) RESTORATION OF PROPERTY CREDITS.—

21 (1) IN GENERAL.—In exchange for the land

22 and structures transferred under subsection (a),

23 property bidding credits in the total amount of

24 $382,305, shall be restored to the Cook Inlet Re25 gion, Incorporated, property account in the Treasury
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1 established under section 12(b) of the Act of Janu2 ary 2, 1976 (Public Law 94–204; 43 U.S.C. 1611

3 note), referred to in such section as the ‘‘Cook Inlet

4 Region, Incorporated, property account’’. Such prop5 erty bidding credits shall be used in the same fiscal

6 year as received by Cook Inlet Region, Incorporated.

7 (2) HOLD HARMLESS.—The United States shall

8 defend and hold harmless Cook Inlet Region, Incor9 porated, and its subsidiaries in any and all claims

10 arising from Federal or Cook Inlet Region, Incor11 porated, ownership of the land and structures prior

12 to their return to the United States.

13 SEC. 8. SHISHMAREF AIRPORT AMENDMENT.

14 The Shishmaref Airport, conveyed to the State of

15 Alaska on January 5, 1967, in Patent No. 1240529, is

16 subject to reversion to the United States, pursuant to the

17 terms of that patent for nonuse as an airport. The Sec18 retary is authorized to reacquire the interests originally

19 conveyed pursuant to Patent No. 1240529, and, notwith20 standing any other provision of law, the Secretary shall

21 immediately thereafter transfer all right, title, and interest

22 of the United States in the subject lands to the

23 Shishmaref Native Corporation. Nothing in this section

24 shall relieve the State, the United States, or any other

25 potentially responsible party of liability, if any, under ex-
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1 isting law for the clean up of hazardous or solid wastes

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

3 Native Corporation become liable for the cleanup of the

4 property solely by virtue of acquiring title from the State

5 or from the United States.

6 TITLE I—ALASKA NATIVE

7 CLAIMS SETTLEMENT

8 SECTION 101. RATIFICATION OF CERTAIN CASWELL AND

9 MONTANA CREEK NATIVE ASSOCIATIONS

10 CONVEYANCES.

11 The conveyance of approximately 11,520 acres to Mon12 tana Creek Native Association, Inc., and the conveyance of

13 approximately 11,520 acres to Caswell Native Association,

14 Inc., by Cook Inlet Region, Inc. in fulfillment of the agree15 ment of February 3, 1976, and subsequent letter agreement

16 of March 26, 1982, among the 3 parties are hereby adopted

17 and ratified as a matter of Federal law. The conveyances

18 shall be deemed to be conveyances pursuant to section

19 14(h)(2) of the Alaska Native Claims Settlement Act (43

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

21 Creek and Caswell are hereby declared to have received their

22 full entitlement and shall not be entitled to receive any ad23 ditional lands under the Alaska Native Claims Settlement

24 Act. The ratification of these conveyances shall not have any

25 effect on section 14(h) of the Alaska Native Claims Settle-
11

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1 ment Act (43 U.S.C. 1613(h)) or upon the duties and obli2 gations of the United States to any Alaska Native Corpora3 tion. This ratification shall not be for any claim to land

4 or money by the Caswell or Montana Creek group corpora5 tions or any other Alaska Native Corporation against the

6 State of Alaska, the United States, or Cook Inlet Region,

7 Incorporated.

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

9 REGIONAL CORPORATIONS.

10 Section 22(c) of the Alaska Native Claims Settlement

11 Act (43 U.S.C. 1621(c)) is amended by adding at the end

12 the following:

13 ‘‘(3) This section shall apply to lands conveyed

14 by interim conveyance or patent to a regional cor15 poration pursuant to this Act which are made subject

16 to a mining claim or claims located under the general

17 mining laws, including lands conveyed prior to enact18 ment of this paragraph. Effective upon the date of en19 actment of this paragraph, the Secretary, acting

20 through the Bureau of Land Management and in a

21 manner consistent with section 14(g), shall transfer to

22 the regional corporation administration of all mining

23 claims determined to be entirely within lands con24 veyed to that corporation. Any person holding such

25 mining claim or claims shall meet such requirements
12

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1 of the general mining laws and section 314 of the

2 Federal Land Management and Policy Act of 1976

3 (43 U.S.C. 1744), except that any filings that would

4 have been made with the Bureau of Land Manage5 ment if the lands were within Federal ownership shall

6 be timely made with the appropriate regional cor7 poration. The validity of any such mining claim or

8 claims may be contested by the regional corporation,

9 in place of the United States. All contest proceedings

10 and appeals by the mining claimants of adverse deci11 sion made by the regional corporation shall be

12 brought in Federal District Court for the District of

13 Alaska. Neither the United States nor any Federal

14 agency or official shall be named or joined as a party

15 in such proceedings or appeals. All revenues from

16 such mining claims received after passage of this

17 paragraph shall be remitted to the regional corpora18 tion subject to distribution pursuant to section 7(i) of

19 this Act, except that in the event that the mining

20 claim or claims are not totally within the lands con21 veyed to the regional corporation, the regional cor22 poration shall be entitled only to that proportion of

23 revenues, other than administrative fees, reasonably

24 allocated to the portion of the mining claim so con25 veyed.’’.
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1 SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARD2 OUS SUBSTANCE CONTAMINATION OF TRANS3 FERRED LANDS.

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

5 1601 et seq.) is amended by adding at the end the following:

6 ‘‘CLAIMS ARISING FROM CONTAMINATION OF TRANSFERRED

7 LANDS

8 ‘‘SEC. 40. (a) As used in this section the term ‘con9 taminant’ means hazardous substance harmful to public

10 health or the environment, including friable asbestos.

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

12 and after consultation with the Secretary of Agriculture,

13 State of Alaska, and appropriate Alaska Native corpora14 tions and organizations, the Secretary shall submit to the

15 Committee on Resources of the House of Representatives

16 and the Committee on Energy and Natural Resources of

17 the Senate, a report addressing issues presented by the pres18 ence of contaminants on lands conveyed or prioritized for

19 conveyance to such corporations pursuant to this Act. Such

20 report shall consist of—

21 ‘‘(1) existing information concerning the nature

22 and types of contaminants present on such lands

23 prior to conveyance to Alaska Native corporations;

24 ‘‘(2) existing information identifying to the ex25 tent practicable the existence and availability of po-
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1 tentially responsible parties for the removal or reme2 diation of the effects of such contaminants;

3 ‘‘(3) identification of existing remedies;

4 ‘‘(4) recommendations for any additional legisla5 tion that the Secretary concludes is necessary to rem6 edy the problem of contaminants on the lands; and

7 ‘‘(5) in addition to the identification of contami8 nants, identification of structures known to have as9 bestos present and recommendations to inform Native

10 landowners on the containment of asbestos.’’.

11 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE

12 PURPOSES OF IMPLEMENTING REQUIRED

13 RECONVEYANCES.

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

15 Act (43 U.S.C. 1613(c)) is amended by adding at the end

16 the following:

17 ‘‘There is authorized to be appropriated such sums as

18 may be necessary for the purpose of providing technical as19 sistance to Village Corporations established pursuant to this

20 Act in order that they may fulfill the reconveyance require21 ments of section 14(c) of this Act. The Secretary may make

22 funds available as grants to ANCSA or nonprofit corpora23 tions that maintain in-house land planning and manage24 ment capabilities.’’.
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1 SEC. 105. NATIVE ALLOTMENTS.

2 Section 1431(o) of the Alaska National Interest Lands

3 Conservation Act (94 Stat. 2542) is amended by adding at

4 the end the following:

5 ‘‘(5) Following the exercise by Arctic Slope Re6 gional Corporation of its option under paragraph (1)

7 to acquire the subsurface estate beneath lands within

8 the National Petroleum Reserve—Alaska selected by

9 Kuukpik Corporation, where such subsurface estate

10 entirely surrounds lands subject to a Native allotment

11 application approved under 905 of this Act, and the

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

13 United States, Arctic Slope Regional Corporation, at

14 its further option and subject to the concurrence of

15 Kuukpik Corporation, shall be entitled to receive a

16 conveyance of the reserved oil and gas, including all

17 rights and privileges therein reserved to the United

18 States, in such lands. Upon the receipt of a convey19 ance of such oil and gas interests, the entitlement of

20 Arctic Slope Regional Corporation to in-lieu sub21 surface lands under section 12(a)(1) of the Alaska Na22 tive Claims Settlement Act (43 U.S.C. 1611(a)(1))

23 shall be reduced by the amount of acreage determined

24 by the Secretary to be conveyed to Arctic Slope Re25 gional Corporation pursuant to this paragraph.’’.
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1 SEC. 106. REPORT CONCERNING OPEN SEASON FOR CER2 TAIN NATIVE ALASKA VETERANS FOR ALLOT3 MENTS.

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

5 date of enactment of this Act, the Secretary of the Interior,

6 in consultation with the Secretary of Agriculture, the State

7 of Alaska and appropriate Native corporations and organi8 zations, shall submit to the Committee on Resources of the

9 House of Representatives and the Committee on Energy and

10 Natural Resources of the Senate a report which shall in11 clude, but not be limited to, the following:

12 (1) The number of Vietnam era veterans, as de13 fined in section 101 of title 38, United States Code,

14 who were eligible for but did not apply for an allot15 ment of not to exceed 160 acres under the Act of May

16 17, 1906 (chapter 2469, 34 Stat. 197), as the Act was

17 in effect before December 18, 1971.

18 (2) An assessment of the potential impacts of ad19 ditional allotments on conservation system units as

20 that term is defined in section 102(4) of the Alaska

21 National Interest Lands Conservation Act (94 Stat.

22 2375).

23 (3) Recommendations for any additional legisla24 tion that the Secretary concludes is necessary.
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1 (b) REQUIREMENT.—The Secretary of Veterans Affairs

2 shall release to the Secretary of the Interior information

3 relevant to the report required under subsection (a).

4 SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

5 (a) PROPERTY TRANSFER.—In order to effect a reci6 sion of the ANCSA settlement conveyance to Cook Inlet Re7 gion, Incorporated of the approximately 134.49 acres and

8 structures located thereon (‘‘property’’) known as the

9 Wrangell Institute in Wrangell, Alaska, upon certification

10 to the Secretary by Cook Inlet Region, Incorporated, that

11 the Wrangell Institute property has been offered for transfer

12 to the City of Wrangell, property bidding credits in an

13 amount of $475,000, together with adjustments from Janu14 ary 1, 1976 made pursuant to the methodology used to es15 tablish the Remaining Obligation Entitlement in the Memo16 randum of Understanding Between the United States De17 partment of the Interior and Cook Inlet Region, Incor18 porated dated April 11, 1986, shall be restored to the Cook

19 Inlet Region, Incorporated, property account in the Treas20 ury established under section 12(b) of the Act of January

21 2, 1976 (Public Law 94–204, 43 U.S.C. 1611 note), as

22 amended, referred to in such section as the ‘‘Cook Inlet Re23 gion, Incorporated, property account’’. Acceptance by the

24 City of Wrangell, Alaska of the property shall constitute a

25 waiver by the City of Wrangell of any claims for the costs
18

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1 of remediation related to asbestos, whether in the nature

2 of participation or reimbursement, against the United

3 States or Cook Inlet Region, Incorporated. The acceptance

4 of the property bidding credits by Cook Inlet Region, Incor5 porated, Alaska of the property shall constitute a waiver

6 by Cook Inlet Region, Incorporated of any claims for the

7 costs of remediation related to asbestos, whether in the na8 ture of participation or reimbursement, against the United

9 States. In no event shall the United States be required to

10 take title to the property. Such restored property bidding

11 credits may be used in the same manner as any other por12 tion of the account.

13 (b) HOLD HARMLESS.—Upon acceptance of the prop14 erty bidding credits by Cook Inlet Region, Inc., the United

15 States shall defend and hold harmless Cook Inlet Region,

16 Incorporated, and its subsidiaries in any and all claims

17 arising from asbestos or any contamination existing at the

18 Wrangell Institute property at the time of transfer of owner19 ship of the property from the United States to Cook Inlet

20 Region, Incorporated.

21 SEC. 108. SHISHMAREF AIRPORT AMENDMENT.

22 The Shishmaref Airport, conveyed to the State of Alas23 ka on January 5, 1967, in Patent No. 1240529, is subject

24 to reversion to the United States, pursuant to the terms of

25 that patent for nonuse as an airport. The Administrator
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1 of the Federal Aviation Administration is hereby directed

2 to exercise said reverter in Patent No. 1240529 in favor

3 of the United States within twelve months of the date of

4 enactment of this section. Upon revesting of title, notwith5 standing any other provision of law, the United States shall

6 immediately thereafter transfer all right, title, and interest

7 of the United States in the subject lands to the Shishmaref

8 Native Corporation. Nothing in this section shall relieve the

9 State, the United States, or any other potentially respon10 sible party of liability, if any, under existing law for the

11 cleanup of hazardous or solid wastes on the property, nor

12 shall the United States or Shishmaref Native Corporation

13 become liable for the cleanup of the property solely by virtue

14 of acquiring title from the State of Alaska or from the Unit15 ed States.

16 SEC. 109. CONFIRMATION OF WOODY ISLAND AS ELIGIBLE

17 NATIVE VILLAGE.

18 The Native village of Woody Island, located on Woody

19 Island, Alaska, in the Koniag Region, is hereby confirmed

20 as an eligible Alaska Native Village, pursuant to Section

21 11(b)(3) of the Alaska Native Claims Settlement Act

22 (‘‘ANCSA’’). It is further confirmed that Leisnoi, Inc., is

23 the Village Corporation, as that term is defined in Section

24 3(j) of ANCSA, for the village of Woody Island.
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1 TITLE II—HAWAIIAN HOME

2 LANDS

3 SEC. 201. SHORT TITLE

4 This title may cited as the ‘‘Hawaiian Home Lands

5 Recovery Act’’.

6 SEC. 202. DEFINITIONS.

7 As used in this title:

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

9 (A) any instrumentality of the United

10 States;

11 (B) any element of an agency; and

12 (C) any wholly owned or mixed-owned cor13 poration of the United States Government.

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

15 the same meaning as is given the term ‘‘native Ha16 waiian’’ under section 201(7) of the Hawaiian Homes

17 Commission Act.

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

19 the Chairman of the Hawaiian Homes Commission of

20 the State of Hawaii.

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

22 means the Hawaiian Homes Commission established

23 by section 202 of the Hawaiian Homes Commission

24 Act.
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1 (5) HAWAIIAN HOMES COMMISSION ACT.—The

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

3 Hawaiian Homes Commission Act, 1920 (42 Stat.

4 108 et. seq., chapter 42).

5 (6) HAWAII STATE ADMISSION ACT.—The term

6 ‘‘Hawaii State Admission Act’’ means the Act enti7 tled ‘‘An Act to provide for the admission of the State

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

9 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 491).

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

11 value of the use of the land during the period when

12 beneficiaries or the Hawaiian Homes Commission

13 have been unable to use lands as authorized by the

14 Hawaiian Homes Commission Act because of the use

15 of such lands by the Federal Government after August

16 21, 1959.

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

18 the Secretary of the Interior.

19 SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.

20 (a) DETERMINATION.—

21 (1) The Secretary shall determine the value of

22 the following:

23 (A) Lands under the control of the Federal

24 Government that—
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1 (i) were initially designated as avail2 able lands under section 203 of the Hawai3 ian Homes Commission Act (as in effect on

4 the date of enactment of such Act); and

5 (ii) were nevertheless transferred to or

6 otherwise acquired by the Federal Govern7 ment.

8 (B) The lost use of lands described in sub9 paragraph (A).

10 (2)(A) Except as provided in subparagraph (B),

11 the determinations of value made under this sub12 section shall be made not later than 1 year after the

13 date of enactment of this Act. In carrying out this

14 subsection, the Secretary shall use a method of deter15 mining value that—

16 (i) is acceptable to the Chairman; and

17 (ii) is in the best interest of the bene18 ficiaries.

19 (B) The Secretary and the Chairman may mutu20 ally agree to extend the deadline for making deter21 minations under this subparagraph beyond the date

22 specified in subparagraph (A).

23 (3) The Secretary and the Chairman may mutu24 ally agree, with respect to the determinations of value
23

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1 described in subparagraphs (A) and (B) of paragraph

2 (1), to provide—

3 (A) for making any portion of the deter4 minations of value pursuant to subparagraphs

5 (A) and (B) of paragraph (1); and

6 (B) for making the remainder of the deter7 minations with respect to which the Secretary

8 and the Chairman do not exercise the option de9 scribed in subparagraph (A), pursuant to an ap10 praisal conducted under paragraph (4).

11 (4)(A) Except as provided in subparagraph (C),

12 if the Secretary and the Chairman do not agree on

13 the determinations of value made by the Secretary

14 under subparagraphs (A) and (B) of paragraph (1),

15 or, pursuant to paragraph (3), mutually agree to de16 termine the value of certain lands pursuant to this

17 subparagraph, such values shall be determined by an

18 appraisal. An appraisal conducted under this sub19 paragraph shall be conducted in accordance with ap20 praisal standards that are mutually agreeable to the

21 Secretary and the Chairman.

22 (B) If an appraisal is conducted pursuant to

23 this subparagraph, during the appraisal process—

24 (i) the Chairman shall have the opportunity

25 to present evidence of value to the Secretary;
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1 (ii) the Secretary shall provide the Chair2 man a preliminary copy of the appraisal;

3 (iii) the Chairman shall have a reasonable

4 and sufficient opportunity to comment on the

5 preliminary copy of the appraisal; and

6 (iv) the Secretary shall give consideration to

7 the comments and evidence of value submitted by

8 the Chairman under this subparagraph.

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

10 the determinations of values made by an appraisal

11 conducted under this subparagraph. If the Chairman

12 disputes the appraisal, the Secretary and the Chair13 man may mutually agree to employ a process of bar14 gaining, mediation, or other means of dispute resolu15 tion to make the determinations of values described in

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

17 (b) AUTHORIZATION.—

18 (1) EXCHANGE.—Subject to paragraphs (2) and

19 (5), the Secretary may convey Federal lands described

20 in paragraph (5) to the Department of Hawaiian

21 Home Lands in exchange for the continued retention

22 by the Federal Government of lands described in sub23 section (a)(1)(A).

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

25 lands conveyed to the Department of Hawaiian Home
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1 Lands by the Federal Government in accordance with

2 an exchange made under paragraph (1) may not be

3 less than the value of the lands retained by the Fed4 eral Government pursuant to such exchange.

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

6 of any lands exchanged pursuant to paragraph (1)

7 shall be determined as of the date the exchange is car8 ried out, or any other date determined by the Sec9 retary, with the concurrence of the Chairman.

10 (3) LOST USE.—Subject to paragraphs (4) and

11 (5), the Secretary may convey Federal lands described

12 in paragraph (5) to the Department of Hawaiian

13 Home Lands as compensation for the lost use of lands

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

15 (4) VALUE OF LOST USE.—(A) the value of any

16 lands conveyed to the Department of Hawaiian Home

17 Lands by the Federal Government as compensation

18 under paragraph (3) may not be less than the value

19 of the lost use of lands determined under subsection

20 (a)(1)(B).

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

22 value of any lands conveyed pursuant to paragraph

23 (3) shall be determined as of the date that the convey24 ance occurs, or any other date determined by the Sec25 retary, with the concurrence of the Chairman.
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1 (5) FEDERAL LANDS FOR EXCHANGE.—(A) Sub2 ject to subparagraphs (B) and (C), Federal lands lo3 cated in Hawaii that are under the control of an

4 agency (other than lands within the National Park

5 System or the National Wildlife Refuge System) may

6 be conveyed to the Department of Hawaiian Home

7 Lands under paragraphs (1) and (3). To assist the

8 Secretary in carrying out this Act, the head of an

9 agency may transfer to the Department of the Inte10 rior, without reimbursement, jurisdiction and control

11 over any lands and any structures that the Secretary

12 determines to be suitable for conveyance to the De13 partment of Hawaiian Home Lands pursuant to an

14 exchange conducted under this section.

15 (B) No Federal lands that the Federal Govern16 ment is required to convey to the State of Hawaii

17 under section 5 of the Hawaii State Admission Act

18 may be conveyed under paragraph (1) or (3).

19 (C) No Federal lands that generate income (or

20 would be expected to generate income) for the Federal

21 Government may be conveyed pursuant to an ex22 change made under this paragraph to the Department

23 of Hawaiian Home Lands.

24 (c) AVAILABLE LANDS.—
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1 (1) IN GENERAL.—Subject to paragraphs (2) and

2 (3), the Secretary shall require that lands conveyed to

3 the Department of Hawaiian Home Lands under this

4 Act shall have the status of available lands under the

5 Hawaiian Home Commission Act.

6 (2) SUBSEQUENT EXCHANGE OF LANDS.—Not7 withstanding any other provision of law, lands con8 veyed to the Department of Hawaiian Home Lands

9 under this paragraph may subsequently be exchanged

10 pursuant to section 204(3) of the Hawaiian Home

11 Commission Act.

12 (3) SALE OF CERTAIN LANDS.—Notwithstanding

13 any other provision of law, the Chairman may, at the

14 time that lands are conveyed to the Department of

15 Hawaiian Home Lands as compensation for lost use

16 under this Act, designate lands to be sold. The Chair17 man is authorized to sell such land under terms and

18 conditions that are in the best interest of the bene19 ficiaries. The proceeds of such a sale may only be

20 used for the purposes described in section 207(a) of

21 the Hawaiian Homes Commission Act.

22 (d) CONSULTATION.—In carrying out their respective

23 responsibilities under this section, the Secretary and the

24 Chairman shall—
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1 (1) consult with the beneficiaries and organiza2 tions representing the beneficiaries; and

3 (2) report to such organizations on a regular

4 basis concerning the progress made to meet the re5 quirements of this section.

6 (e) HOLD HARMLESS.—Notwithstanding any other

7 provision of law, the United States shall defend and hold

8 harmless the Department of Hawaiian Home Lands, the

9 employees of the Department, and the beneficiaries with re10 spect to any claim arising from the ownership of any land

11 or structure that is conveyed to the Department pursuant

12 to an exchange made under this section prior to the convey13 ance to the Department of such land or structure.

14 (f) SCREENING.—

15 (1) IN GENERAL.—Notwithstanding any other

16 provision of law, the Secretary of Defense and the Ad17 ministrator of General Services shall, at the same

18 time as notice is provided to Federal agencies that ex19 cess real property is being screened pursuant to appli20 cable Federal laws (including regulations) for possible

21 transfer to such agencies, notify the Chairman of any

22 such screening of real property that is located within

23 the State of Hawaii.

24 (2) RESPONSE TO NOTIFICATION.—Notwithstand25 ing any other provision of law, not later than 90
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1 days after receiving a notice under paragraph (1), the

2 Chairman may select for appraisal real property, or

3 at the election of the Chairman, portions of real prop4 erty, that is the subject of a screening.

5 (3) SELECTION.—Notwithstanding any other

6 provision of law, with respect to any real property lo7 cated in the State of Hawaii that, as of the date of

8 enactment of this Act, is being screened pursuant to

9 applicable Federal laws for possible transfer (as de10 scribed in paragraph (1)) or has been screened for

11 such purpose, but has not been transferred or declared

12 to be surplus real property, the Chairman may select

13 all, or any portion of, such real property to be ap14 praised pursuant to paragraph (4).

15 (4) APPRAISAL.—Notwithstanding any other

16 provision of law, the Secretary of Defense or the Ad17 ministrator of General Services shall appriase the

18 real property or portions of real property selected by

19 the Chairman using the Uniform Standards for Fed20 eral Land Acquisition developed by the Interagency

21 Land Acquisition Conference, or such other standard

22 as the Chairman agrees to.

23 (5) REQUEST FOR CONVEYANCE.—Notwithstand24 ing any other provision of law, not later than 30

25 days after the date of completion of such appraisal,
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1 the Chairman may request the conveyance to the De2 partment of Hawaiian Home Lands of—

3 (A) the appraised property; or

4 (B) a portion of the appraised property, to

5 the Department of Hawaiian Home Lands.

6 (6) CONVEYANCE.—Notwithstanding any other

7 provision of law, upon receipt of a request from the

8 Chairman, the Secretary of Defense or the Adminis9 trator of the General Services Administration shall

10 convey, without reimbursement, the real property that

11 is the subject of the request to the Department of Ha12 waiian Home Lands as compensation for lands iden13 tified under subsection (a)(1)(A) or lost use identified

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

15 (7) REAL PROPERTY NOT SUBJECT TO

16 RECOUPMENT.—Notwithstanding any other provision

17 of law, any real property conveyed pursuant to para18 graph (6) shall not be subject to recoupment based

19 upon the sale or lease of the land by the Chairman.

20 (8) VALUATION.—Notwithstanding any other

21 provision of law, the Secretary shall reduce the value

22 identified under subparagraph (A) or (B) of sub23 section (a)(1), as determined pursuant to such sub24 section, by an amount equal to the appraised value
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1 of any excess lands conveyed pursuant to paragraph

2 (6).

3 (9) LIMITATION.—No Federal lands that generate

4 income (or would be expected to generate income) for

5 the Federal Government may be conveyed pursuant to

6 this subsection to the Department of Hawaiian Home

7 Lands.

8 SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO

9 HAWAIIAN HOMES COMMISSION ACT.

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

11 days after a proposed amendment to the Hawaiian Homes

12 Commission Act is approved in the manner provided in sec13 tion 4 of the Hawaii State Admission Act, the Chairman

14 shall submit to the Secretary—

15 (1) a copy of the proposed amendment;

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

17 by the amendment; and

18 (3) an opinion regarding whether the proposed

19 amendment requires the approval of Congress under

20 section 4 of the Hawaii State Admission Act.

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

22 60 days after receiving the materials required to be submit23 ted by the Chairman pursuant to subsection (a), the Sec24 retary shall determine whether the proposed amendment re25 quires the approval of Congress under section 4 of the Ha-
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1 waii State Admission Act, and shall notify the Chairman

2 and Congress of the determination of the Secretary.

3 (c) CONGRESSIONAL APPROVAL REQUIRED.—If, pur4 suant to subsection (b), the Secretary determines that the

5 proposed amendment requires the approval of Congress, the

6 Secretary shall submit to the Committee on Energy and

7 Natural Resources of the Senate and the Committee on Re8 sources of the House of Representatives—

9 (1) a draft joint resolution approving the

10 amendment;

11 (2) a description of the change made by the pro12 posed amendment and an explanation of how the

13 amendment advances the interests of the beneficiaries;

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

15 date of submission of the proposed amendment) that

16 is the subject of the amendment with the proposed

17 amendment;

18 (4) a recommendation concerning the advisabil19 ity of approving the proposed amendment; and

20 (5) any documentation concerning the amend21 ments received from the Chairman.

22 SEC. 205. LAND EXCHANGES.

23 (a) NOTICE TO THE SECRETARY.—If the Chairman

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

2 on the proposed exchange. The report shall contain—

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

4 value of the lands involved in the exchange;

5 (2) surveys and appraisals prepared by the De6 partment of Hawaiian Home Lands, if any; and

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

8 of the proposed exchange.

9 (b) APPROVAL OR DISAPPROVAL.—

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

11 receiving the information required to be submitted by

12 the Chairman pursuant to subsection (a), the Sec13 retary shall approve or disapprove the proposed ex14 change.

15 (2) NOTIFICATION.—The Secretary shall notify

16 the Chairman, the Committee on Energy and Natural

17 Resources of the Senate, and the Committee on Re18 sources of the House of Representatives of the reasons

19 for the approval or disapproval of the proposed ex20 change.

21 (c) EXCHANGES INITIATED BY SECRETARY.—

22 (1) IN GENERAL.—The Secretary may rec23 ommend to the Chairman an exchange of Hawaiian

24 Home Lands for Federal lands described in section

25 203(b)(5), other than lands described in subpara-
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1 graphs (B) and (C) of such section. If the Secretary

2 initiates a recommendation for such an exchange, the

3 Secretary shall submit a report to the Chairman on

4 the proposed exchange that meets the requirements of

5 a report described in subsection (a).

6 (2) APPROVAL BY CHAIRMAN.—Not later than

7 120 days after receiving a recommendation for an ex8 change from the Secretary under paragraph (1), the

9 Chairman shall provide written notification to the

10 Secretary of the approval or disapproval of a pro11 posed exchange. If the Chairman approves the pro12 posed exchange, upon receipt of the written notifica13 tion, the Secretary shall notify the Committee on En14 ergy and Natural Resources of the Senate, and the

15 Committee on Resources of the House of Representa16 tives of the approval of the Chairman of the proposed

17 exchange.

18 (3) EXCHANGE.—Upon providing notification

19 pursuant to paragraph (2) of a proposed exchange

20 that has been approved by the Chairman pursuant to

21 this section, the Secretary may carry out the ex22 change.

23 (d) SELECTION AND EXCHANGE.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law, the Secretary may—
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1 (A) select real property that is the subject of

2 screening activities conducted by the Secretary of

3 Defense or the Administrator of General Services

4 pursuant to applicable Federal laws (including

5 regulations) for possible transfer to Federal agen6 cies; and

7 (B) make recommendations to the Chair8 man concerning making an exchange under sub9 section (c) that includes such real property.

10 (2) TRANSFER.—Notwithstanding any other pro11 vision of law, if the Chairman approves an exchange

12 proposed by the Secretary under paragraph (1)—

13 (A) the Secretary of Defense or the Admin14 istrator of General Services shall transfer the

15 real property described in paragraph (1)(A) that

16 is the subject of the exchange to the Secretary

17 without reimbursement; and

18 (B) the Secretary shall carry out the ex19 change.

20 (3) LIMITATION.—No Federal lands that generate

21 income (or would be expected to generate income) for

22 the Federal Government may be conveyed pursuant to

23 this subsection to the Department of Hawaiian Home

24 Lands.

25 (e) SURVEYS AND APPRAISALS.—
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1 (1) REQUIREMENT.—The Secretary shall conduct

2 a survey of all Hawaiian Home Lands based on the

3 report entitled ‘‘Survey Needs for the Hawaiian

4 Home Lands’’, issued by the Bureau of Land Manage5 ment of the Department of the Interior, and dated

6 July 1991.

7 (2) OTHER SURVEYS.—The Secretary is author8 ized to conduct such other surveys and appraisals as

9 may be necessary to make an informed decision re10 garding approval or disapproval of a proposed ex11 change.

12 SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.

13 (a) DESIGNATION.—

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

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

16 designate an individual from within the Department

17 of the Interior to administer the responsibilities of the

18 United States under this title and the Hawaiian

19 Homes Commission Act.

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

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

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

23 Assistant Secretary for Policy, Budget, and Adminis24 tration of the Department of the Interior shall exer-
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1 cise the responsibilities for the Department in accord2 ance with subsection (b).

3 (b) RESPONSIBILITIES.—The individual designated

4 pursuant to subsection (a) shall, in administering the laws

5 referred to in such subsection—

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

7 (2) assist the beneficiaries and the Department of

8 Hawaiian Home Lands in obtaining assistance from

9 programs of the Department of the Interior and other

10 Federal agencies that will promote homesteading op11 portunities, economic self-sufficiency, and social well12 being of the beneficiaries.

13 SEC. 207. ADJUSTMENT.

14 The Act of July 1, 1932 (47 Stat. 564, chapter 369;

15 25 U.S.C. 386a) is amended by striking the period at the

16 end and adding the following: ‘‘: Provided further, That the

17 Secretary shall adjust or eliminate charges, defer collection

18 of construction costs, and make no assessment on behalf of

19 such charges for beneficiaries that hold leases on Hawaiian

20 home lands, to the same extent as is permitted for individ21 ual Indians or tribes of Indians under this section.’’.

22 SEC. 208. REPORT.

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

24 date of enactment of this Act, the Chairman shall report

25 to the Secretary concerning any claims that—
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1 (1) involve the transfer of lands designated as

2 available lands under section 203 of the Hawaiian

3 Homes Commission Act (as in effect on the date of en4 actment of such Act); and

5 (2) are not otherwise covered under this title.

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

7 the report submitted under subsection (a), the Secretary

8 shall make a determination with respect to each claim re9 ferred to in subsection (a), whether, on the basis of legal

10 and equitable considerations, compensation should be grant11 ed to the Department of Hawaiian Home Lands.

12 (c) COMPENSATION.—If the Secretary makes a deter13 mination under subsection (b) that compensation should be

14 granted to the Department of Hawaiian Home Lands, the

15 Secretary shall determine the value of the lands and lost

16 use in accordance with the process established under section

17 203(a), and increase the determination of value made under

18 subparagraphs (A) and (B) of section 203(a)(1) by the

19 value determined under this subsection.

20 SEC. 209. AUTHORIZATION.

21 There are authorized to be appropriated such sums as

22 may be necessary for compensation to the Department of

23 Hawaiian Home Lands for the value of the lost use of lands

24 determined under section 203. Compensation received by

25 the Department of Hawaiian Home Lands from funds
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1 made available pursuant to this section may only be used

2 for the purposes described in section 207(a) of the Hawai3 ian Homes Commission Act. To the extent that amounts

4 are made available by appropriations pursuant to this sec5 tion for compensation paid to the Department of Hawaiian

6 Home Lands for lost use, the Secretary shall reduce the de7 termination of value established under section 203(a)(1)(B)

8 by such amount.

Passed the House of Representatives March 14,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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