In the Senate of the United States,

August 3 (legislative day, July 10), 1995.

Resolved, That the bill from the House of Representatives (H.R. 402) entitled ‘‘An Act to amend the Alaska Native Claims Settlement Act, and for other purposes’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—ALASKA NATIVE

2 CLAIMS SETTLEMENT

3 SECTION 101. RATIFICATION OF CERTAIN CASWELL AND

4 MONTANA CREEK NATIVE ASSOCIATIONS

5 CONVEYANCES.

6 The conveyance of approximately 11,520 acres to Mon7 tana Creek Native Association, Inc., and the conveyance of

8 approximately 11,520 acres to Caswell Native Association,

9 Inc., by Cook Inlet Region, Inc. in fulfillment of the agree10 ment of February 3, 1976, and subsequent letter agreement

11 of March 26, 1982, among the 3 parties are hereby adopted
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1 and ratified as a matter of Federal law. The conveyances

2 shall be deemed to be conveyances pursuant to section

3 14(h)(2) of the Alaska Native Claims Settlement Act (43

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

5 Creek and Caswell are hereby declared to have received their

6 full entitlement and shall not be entitled to receive any ad7 ditional lands under the Alaska Native Claims Settlement

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

9 effect on section 14(h) of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1613(h)) or upon the duties and obli11 gations of the United States to any Alaska Native Corpora12 tion. This ratification shall not be for any claim to land

13 or money by the Caswell or Montana Creek group corpora14 tions or any other Alaska Native Corporation against the

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

16 Incorporated.

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

18 REGIONAL CORPORATIONS.

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

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

21 the following:

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

23 by interim conveyance or patent to a regional cor24 poration pursuant to this Act which are made subject

25 to a mining claim or claims located under the general
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1 mining laws, including lands conveyed prior to enact2 ment of this paragraph. Effective upon the date of en3 actment of this paragraph, the Secretary, acting

4 through the Bureau of Land Management and in a

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

6 the regional corporation administration of all mining

7 claims determined to be entirely within lands con8 veyed to that corporation. Any person holding such

9 mining claim or claims shall meet such requirements

10 of the general mining laws and section 314 of the

11 Federal Land Management and Policy Act of 1976

12 (43 U.S.C. 1744), except that any filings that would

13 have been made with the Bureau of Land Manage14 ment if the lands were within Federal ownership shall

15 be timely made with the appropriate regional cor16 poration. The validity of any such mining claim or

17 claims may be contested by the regional corporation,

18 in place of the United States. All contest proceedings

19 and appeals by the mining claimants of adverse deci20 sion made by the regional corporation shall be

21 brought in Federal District Court for the District of

22 Alaska. Neither the United States nor any Federal

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

24 in such proceedings or appeals. All revenues from

25 such mining claims received after passage of this
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1 paragraph shall be remitted to the regional corpora2 tion subject to distribution pursuant to section 7(i) of

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

4 claim or claims are not totally within the lands con5 veyed to the regional corporation, the regional cor6 poration shall be entitled only to that proportion of

7 revenues, other than administrative fees, reasonably

8 allocated to the portion of the mining claim so con9 veyed.’’.

10 SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARD11 OUS SUBSTANCE CONTAMINATION OF TRANS12 FERRED LANDS.

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

14 1601 et seq.) is amended by adding at the end the following:

15 ‘‘CLAIMS ARISING FROM CONTAMINATION OF TRANSFERRED

16 LANDS

17 ‘‘SEC. 40. (a) As used in this section the term ‘con18 taminant’ means hazardous substance harmful to public

19 health or the environment, including friable asbestos.

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

21 and after consultation with the Secretary of Agriculture,

22 State of Alaska, and appropriate Alaska Native corpora23 tions and organizations, the Secretary shall submit to the

24 Committee on Resources of the House of Representatives

25 and the Committee on Energy and Natural Resources of

26 the Senate, a report addressing issues presented by the pres-
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1 ence of contaminants on lands conveyed or prioritized for

2 conveyance to such corporations pursuant to this Act. Such

3 report shall consist of—

4 ‘‘(1) existing information concerning the nature

5 and types of contaminants present on such lands

6 prior to conveyance to Alaska Native corporations;

7 ‘‘(2) existing information identifying to the ex8 tent practicable the existence and availability of po9 tentially responsible parties for the removal or reme10 diation of the effects of such contaminants;

11 ‘‘(3) identification of existing remedies;

12 ‘‘(4) recommendations for any additional legisla13 tion that the Secretary concludes is necessary to rem14 edy the problem of contaminants on the lands; and

15 ‘‘(5) in addition to the identification of contami16 nants, identification of structures known to have as17 bestos present and recommendations to inform Native

18 landowners on the containment of asbestos.’’.

19 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE

20 PURPOSES OF IMPLEMENTING REQUIRED

21 RECONVEYANCES.

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

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

24 the following:
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1 ‘‘There is authorized to be appropriated such sums as

2 may be necessary for the purpose of providing technical as3 sistance to Village Corporations established pursuant to this

4 Act in order that they may fulfill the reconveyance require5 ments of section 14(c) of this Act. The Secretary may make

6 funds available as grants to ANCSA or nonprofit corpora7 tions that maintain in-house land planning and manage8 ment capabilities.’’.

9 SEC. 105. NATIVE ALLOTMENTS.

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

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

12 the end the following:

13 ‘‘(5) Following the exercise by Arctic Slope Re14 gional Corporation of its option under paragraph (1)

15 to acquire the subsurface estate beneath lands within

16 the National Petroleum Reserve—Alaska selected by

17 Kuukpik Corporation, where such subsurface estate

18 entirely surrounds lands subject to a Native allotment

19 application approved under 905 of this Act, and the

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

21 United States, Arctic Slope Regional Corporation, at

22 its further option and subject to the concurrence of

23 Kuukpik Corporation, shall be entitled to receive a

24 conveyance of the reserved oil and gas, including all

25 rights and privileges therein reserved to the United
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1 States, in such lands. Upon the receipt of a convey2 ance of such oil and gas interests, the entitlement of

3 Arctic Slope Regional Corporation to in-lieu sub4 surface lands under section 12(a)(1) of the Alaska Na5 tive Claims Settlement Act (43 U.S.C. 1611(a)(1))

6 shall be reduced by the amount of acreage determined

7 by the Secretary to be conveyed to Arctic Slope Re8 gional Corporation pursuant to this paragraph.’’.

9 SEC. 106. REPORT CONCERNING OPEN SEASON FOR CER10 TAIN NATIVE ALASKA VETERANS FOR ALLOT11 MENTS.

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

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

14 in consultation with the Secretary of Agriculture, the State

15 of Alaska and appropriate Native corporations and organi16 zations, shall submit to the Committee on Resources of the

17 House of Representatives and the Committee on Energy and

18 Natural Resources of the Senate a report which shall in19 clude, but not be limited to, the following:

20 (1) The number of Vietnam era veterans, as de21 fined in section 101 of title 38, United States Code,

22 who were eligible for but did not apply for an allot23 ment of not to exceed 160 acres under the Act of May

24 17, 1906 (chapter 2469, 34 Stat. 197), as the Act was

25 in effect before December 18, 1971.
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1 (2) An assessment of the potential impacts of ad2 ditional allotments on conservation system units as

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

4 National Interest Lands Conservation Act (94 Stat.

5 2375).

6 (3) Recommendations for any additional legisla7 tion that the Secretary concludes is necessary.

8 (b) REQUIREMENT.—The Secretary of Veterans Affairs

9 shall release to the Secretary of the Interior information

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

11 SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

12 (a) PROPERTY TRANSFER.—In order to effect a reci13 sion of the ANCSA settlement conveyance to Cook Inlet Re14 gion, Incorporated of the approximately 134.49 acres and

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

16 Wrangell Institute in Wrangell, Alaska, upon certification

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

18 the Wrangell Institute property has been offered for transfer

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

20 amount of $475,000, together with adjustments from Janu21 ary 1, 1976 made pursuant to the methodology used to es22 tablish the Remaining Obligation Entitlement in the Memo23 randum of Understanding Between the United States De24 partment of the Interior and Cook Inlet Region, Incor25 porated dated April 11, 1986, shall be restored to the Cook
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1 Inlet Region, Incorporated, property account in the Treas2 ury established under section 12(b) of the Act of January

3 2, 1976 (Public Law 94–204, 43 U.S.C. 1611 note), as

4 amended, referred to in such section as the ‘‘Cook Inlet Re5 gion, Incorporated, property account’’. Acceptance by the

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

7 waiver by the City of Wrangell of any claims for the costs

8 of remediation related to asbestos, whether in the nature

9 of participation or reimbursement, against the United

10 States or Cook Inlet Region, Incorporated. The acceptance

11 of the property bidding credits by Cook Inlet Region, Incor12 porated, Alaska of the property shall constitute a waiver

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

14 costs of remediation related to asbestos, whether in the na15 ture of participation or reimbursement, against the United

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

17 take title to the property. Such restored property bidding

18 credits may be used in the same manner as any other por19 tion of the account.

20 (b) HOLD HARMLESS.—Upon acceptance of the prop21 erty bidding credits by Cook Inlet Region, Inc., the United

22 States shall defend and hold harmless Cook Inlet Region,

23 Incorporated, and its subsidiaries in any and all claims

24 arising from asbestos or any contamination existing at the

25 Wrangell Institute property at the time of transfer of owner-
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1 ship of the property from the United States to Cook Inlet

2 Region, Incorporated.

3 SEC. 108. SHISHMAREF AIRPORT AMENDMENT.

4 The Shishmaref Airport, conveyed to the State of Alas5 ka on January 5, 1967, in Patent No. 1240529, is subject

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

7 that patent for nonuse as an airport. The Administrator

8 of the Federal Aviation Administration is hereby directed

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

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

11 enactment of this section. Upon revesting of title, notwith12 standing any other provision of law, the United States shall

13 immediately thereafter transfer all right, title, and interest

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

15 Native Corporation. Nothing in this section shall relieve the

16 State, the United States, or any other potentially respon17 sible party of liability, if any, under existing law for the

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

19 shall the United States or Shishmaref Native Corporation

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

21 of acquiring title from the State of Alaska or from the Unit22 ed States.
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1 SEC. 109. CONFIRMATION OF WOODY ISLAND AS ELIGIBLE

2 NATIVE VILLAGE.

3 The Native village of Woody Island, located on Woody

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

5 as an eligible Alaska Native Village, pursuant to Section

6 11(b)(3) of the Alaska Native Claims Settlement Act

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

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

9 3(j) of ANCSA, for the village of Woody Island.

10 SEC. 110. DEFINITION OF REVENUES.

11 (a) Section 7(i) of the Alaska Native Claims Settle12 ment Act, Public Law 92–203 (43 U.S.C. 1606(i)), is

13 amended—

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

15 (2) by adding at the end the following new para16 graph:

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

18 ‘revenues’ does not include any benefit received or re19 alized for the use of losses incurred or credits earned

20 by a Regional Corporation.’’.

21 (b) This amendment shall be effective as of the date

22 of enactment of the Alaska Native Claims Settlement Act,

23 Public Law 92–203 (43 U.S.C. 1601, et seq.).
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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
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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.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 402

AMENDMENT
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