```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 402 Enrolled Bill (ENR)]

        H.R.402

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five

                                 An Act

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

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

                TITLE I--ALASKA NATIVE CLAIMS SETTLEMENT

SECTION 101. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE 
              ASSOCIATIONS CONVEYANCES.

    The conveyance of approximately 11,520 acres to Montana Creek 
Native Association, Inc., and the conveyance of approximately 11,520 
acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc. 
in fulfillment of the agreement of February 3, 1976, and subsequent 
letter agreement of March 26, 1982, among the 3 parties are hereby 
adopted and ratified as a matter of Federal law. The conveyances shall 
be deemed to be conveyances pursuant to section 14(h)(2) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group 
corporations for Montana Creek and Caswell are hereby declared to have 
received their full entitlement and shall not be entitled to receive 
any additional lands under the Alaska Native Claims Settlement Act. The 
ratification of these conveyances shall not have any effect on section 
14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) or 
upon the duties and obligations of the United States to any Alaska 
Native Corporation. This ratification shall not be for any claim to 
land or money by the Caswell or Montana Creek group corporations or any 
other Alaska Native Corporation against the State of Alaska, the United 
States, or Cook Inlet Region, Incorporated.

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

    Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1621(c)) is amended by adding at the end the following:
        ``(3) This section shall apply to lands conveyed by interim 
    conveyance or patent to a regional corporation pursuant to this Act 
    which are made subject to a mining claim or claims located under 
    the general mining laws, including lands conveyed prior to 
    enactment of this paragraph. Effective upon the date of enactment 
    of this paragraph, the Secretary, acting through the Bureau of Land 
    Management and in a manner consistent with section 14(g), shall 
    transfer to the regional corporation administration of all mining 
    claims determined to be entirely within lands conveyed to that 
    corporation. Any person holding such mining claim or claims shall 
    meet such requirements of the general mining laws and section 314 
    of the Federal Land Management and Policy Act of 1976 (43 U.S.C. 
    1744), except that any filings that would have been made with the 
    Bureau of Land Management if the lands were within Federal 
    ownership shall be timely made with the appropriate regional 
    corporation. The validity of any such mining claim or claims may be 
    contested by the regional corporation, in place of the United 
    States. All contest proceedings and appeals by the mining claimants 
    of adverse decisions made by the regional corporation shall be 
    brought in Federal District Court for the District of Alaska. 
    Neither the United States nor any Federal agency or official shall 
    be named or joined as a party in such proceedings or appeals. All 
    revenues from such mining claims received after passage of this 
    paragraph shall be remitted to the regional corporation subject to 
    distribution pursuant to section 7(i) of this Act, except that in 
    the event that the mining claim or claims are not totally within 
    the lands conveyed to the regional corporation, the regional 
    corporation shall be entitled only to that proportion of revenues, 
    other than administrative fees, reasonably allocated to the portion 
    of the mining claim so conveyed.''.

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

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

         ``claims arising from contamination of transferred lands

    ``Sec. 40. (a) As used in this section the term `contaminant' means 
hazardous substance harmful to public health or the environment, 
including friable asbestos.
    ``(b) Within 18 months of enactment of this section, and after 
consultation with the Secretary of Agriculture, State of Alaska, and 
appropriate Alaska Native Corporations and organizations, the Secretary 
shall submit to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, a report addressing issues presented by the presence of 
contaminants on lands conveyed or prioritized for conveyance to such 
corporations pursuant to this Act. Such report shall consist of--
        ``(1) existing information concerning the nature and types of 
    contaminants present on such lands prior to conveyance to Alaska 
    Native Corporations;
        ``(2) existing information identifying to the extent 
    practicable the existence and availability of potentially 
    responsible parties for the removal or remediation of the effects 
    of such contaminants;
        ``(3) identification of existing remedies;
        ``(4) recommendations for any additional legislation that the 
    Secretary concludes is necessary to remedy the problem of 
    contaminants on the lands; and
        ``(5) in addition to the identification of contaminants, 
    identification of structures known to have asbestos present and 
    recommendations to inform Native landowners on the containment of 
    asbestos.''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
              IMPLEMENTING REQUIRED RECONVEYANCES.

    Section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(c)) is amended by adding at the end the following:
    ``There is authorized to be appropriated such sums as may be 
necessary for the purpose of providing technical assistance to Village 
Corporations established pursuant to this Act in order that they may 
fulfill the reconveyance requirements of section 14(c) of this Act. The 
Secretary may make funds available as grants to ANCSA or nonprofit 
corporations that maintain in-house land planning and management 
capabilities.''.

SEC. 105. NATIVE ALLOTMENTS.

    Section 1431(o) of the Alaska National Interest Lands Conservation 
Act (94 Stat. 2542) is amended by adding at the end the following:
        ``(5) Following the exercise by Arctic Slope Regional 
    Corporation of its option under paragraph (1) to acquire the 
    subsurface estate beneath lands within the National Petroleum 
    Reserve--Alaska selected by Kuukpik Corporation, where such 
    subsurface estate entirely surrounds lands subject to a Native 
    allotment application approved under section 905 of this Act, and 
    the oil and gas in such lands have been reserved to the United 
    States, Arctic Slope Regional Corporation, at its further option 
    and subject to the concurrence of Kuukpik Corporation, shall be 
    entitled to receive a conveyance of the reserved oil and gas, 
    including all rights and privileges therein reserved to the United 
    States, in such lands. Upon the receipt of a conveyance of such oil 
    and gas interests, the entitlement of Arctic Slope Regional 
    Corporation to in-lieu subsurface lands under section 12(a)(1) of 
    the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)(1)) 
    shall be reduced by the amount of acreage determined by the 
    Secretary to be conveyed to Arctic Slope Regional Corporation 
    pursuant to this paragraph.''.

SEC. 106. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKA 
              VETERANS FOR ALLOTMENTS.

    (a) In General.--No later than 9 months after the date of enactment 
of this Act, the Secretary of the Interior, in consultation with the 
Secretary of Agriculture, the State of Alaska and appropriate Native 
corporations and organizations, shall submit to the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report which shall include, but 
not be limited to, the following:
        (1) The number of Vietnam era veterans, as defined in section 
    101 of title 38, United States Code, who were eligible for but did 
    not apply for an allotment of not to exceed 160 acres under the Act 
    of May 17, 1906 (chapter 2469, 34 Stat. 197), as the Act was in 
    effect before December 18, 1971.
        (2) An assessment of the potential impacts of additional 
    allotments on conservation system units as that term is defined in 
    section 102(4) of the Alaska National Interest Lands Conservation 
    Act (94 Stat. 2375).
        (3) Recommendations for any additional legislation that the 
    Secretary concludes is necessary.
    (b) Requirement.--The Secretary of Veterans Affairs shall release 
to the Secretary of the Interior information relevant to the report 
required under subsection (a).

SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

    (a) Property Transfer.--In order to effect a recision of the ANCSA 
settlement conveyance to Cook Inlet Region, Incorporated of the 
approximately 134.49 acres and structures located thereon 
(``property'') known as the Wrangell Institute in Wrangell, Alaska, 
upon certification to the Secretary by Cook Inlet Region, Incorporated, 
that the Wrangell Institute property has been offered for transfer to 
the City of Wrangell, property bidding credits in an amount of 
$475,000, together with adjustments from January 1, 1976 made pursuant 
to the methodology used to establish the Remaining Obligation 
Entitlement in the Memorandum of Understanding Between the United 
States Department of the Interior and Cook Inlet Region, Incorporated 
dated April 11, 1986, shall be restored to the Cook Inlet Region, 
Incorporated, property account in the Treasury established under 
section 12(b) of the Act of January 2, 1976 (Public Law 94-204, 43 
U.S.C. 1611 note), as amended, referred to in such section as the 
``Cook Inlet Region, Incorporated, property account''. Acceptance by 
the City of Wrangell, Alaska of the property shall constitute a waiver 
by the City of Wrangell of any claims for the costs of remediation 
related to asbestos, whether in the nature of participation or 
reimbursement, against the United States or Cook Inlet Region, 
Incorporated. The acceptance of the property bidding credits by Cook 
Inlet Region, Incorporated, Alaska of the property shall constitute a 
waiver by Cook Inlet Region, Incorporated of any claims for the costs 
of remediation related to asbestos, whether in the nature of 
participation or reimbursement, against the United States. In no event 
shall the United States be required to take title to the property. Such 
restored property bidding credits may be used in the same manner as any 
other portion of the account.
    (b) Hold Harmless.--Upon acceptance of the property bidding credits 
by Cook Inlet Region, Inc., the United States shall defend and hold 
harmless Cook Inlet Region, Incorporated, and its subsidiaries in any 
and all claims arising from asbestos or any contamination existing at 
the Wrangell Institute property at the time of transfer of ownership of 
the property from the United States to Cook Inlet Region, Incorporated.

SEC. 108. SHISHMAREF AIRPORT AMENDMENT.

    The Shishmaref Airport, conveyed to the State of Alaska on January 
5, 1967, in Patent No. 1240529, is subject to reversion to the United 
States, pursuant to the terms of that patent for nonuse as an airport. 
The Administrator of the Federal Aviation Administration is hereby 
directed to exercise said reverter in Patent No. 1240529 in favor of 
the United States within twelve months of the date of enactment of this 
section. Upon revesting of title, notwithstanding any other provision 
of law, the United States shall immediately thereafter transfer all 
right, title, and interest of the United States in the subject lands to 
the Shishmaref Native Corporation. Nothing in this section shall 
relieve the State, the United States, or any other potentially 
responsible party of liability, if any, under existing law for the 
cleanup of hazardous or solid wastes on the property, nor shall the 
United States or Shishmaref Native Corporation become liable for the 
cleanup of the property solely by virtue of acquiring title from the 
State of Alaska or from the United States.

SEC. 109. DEFINITION OF REVENUES.

    (a) Section 7(i) of the Alaska Native Claims Settlement Act, Public 
Law 92-203 (43 U.S.C. 1606(i)), is amended--
        (1) by inserting ``(1)'' after ``(i)''; and
        (2) by adding at the end the following new paragraph:
        ``(2) For purposes of this subsection, the term `revenues' does 
    not include any benefit received or realized for the use of losses 
    incurred or credits earned by a Regional Corporation.''.
    (b) This amendment shall be effective as of the date of enactment 
of the Alaska Native Claims Settlement Act, Public Law 92-203 (43 
U.S.C. 1601, et seq.).

                     TITLE II--HAWAIIAN HOME LANDS

SEC. 201. SHORT TITLE

    This title may be cited as the ``Hawaiian Home Lands Recovery 
Act''.

SEC. 202. DEFINITIONS.

    As used in this title:
        (1) Agency.--The term ``agency'' includes--
            (A) any instrumentality of the United States;
            (B) any element of an agency; and
            (C) any wholly owned or mixed-owned corporation of the 
        United States Government.
        (2) Beneficiary.--The term ``beneficiary'' has the same meaning 
    as is given the term ``native Hawaiian'' under section 201(7) of 
    the Hawaiian Homes Commission Act.
        (3) Chairman.--The term ``Chairman'' means the Chairman of the 
    Hawaiian Homes Commission of the State of Hawaii.
        (4) Commission.--The term ``Commission'' means the Hawaiian 
    Homes Commission established by section 202 of the Hawaiian Homes 
    Commission Act.
        (5) Hawaiian homes commission act.--The term ``Hawaiian Homes 
    Commission Act'' means the Hawaiian Homes Commission Act, 1920 (42 
    Stat. 108 et. seq., chapter 42).
        (6) Hawaii state admission act.--The term ``Hawaii State 
    Admission Act'' means the Act entitled ``An Act to provide for the 
    admission of the State of Hawaii into the Union'', approved March 
    18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 491).
        (7) Lost use.--The term ``lost use'' means the value of the use 
    of the land during the period when beneficiaries or the Hawaiian 
    Homes Commission have been unable to use lands as authorized by the 
    Hawaiian Homes Commission Act because of the use of such lands by 
    the Federal Government after August 21, 1959.
        (8) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.

SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.

    (a) Determination.--
        (1) The Secretary shall determine the value of the following:
            (A) Lands under the control of the Federal Government 
        that--
                (i) were initially designated as available lands under 
            section 203 of the Hawaiian Homes Commission Act (as in 
            effect on the date of enactment of such Act); and
                (ii) were nevertheless transferred to or otherwise 
            acquired by the Federal Government.
            (B) The lost use of lands described in subparagraph (A).
        (2)(A) Except as provided in subparagraph (B), the 
    determinations of value made under this subsection shall be made 
    not later than 1 year after the date of enactment of this Act. In 
    carrying out this subsection, the Secretary shall use a method of 
    determining value that--
            (i) is acceptable to the Chairman; and
            (ii) is in the best interest of the beneficiaries.
        (B) The Secretary and the Chairman may mutually agree to extend 
    the deadline for making determinations under this subparagraph 
    beyond the date specified in subparagraph (A).
        (3) The Secretary and the Chairman may mutually agree, with 
    respect to the determinations of value described in subparagraphs 
    (A) and (B) of paragraph (1), to provide--
            (A) for making any portion of the determinations of value 
        pursuant to subparagraphs (A) and (B) of paragraph (1); and
            (B) for making the remainder of the determinations with 
        respect to which the Secretary and the Chairman do not exercise 
        the option described in subparagraph (A), pursuant to an 
        appraisal conducted under paragraph (4).
        (4)(A) Except as provided in subparagraph (C), if the Secretary 
    and the Chairman do not agree on the determinations of value made 
    by the Secretary under subparagraphs (A) and (B) of paragraph (1), 
    or, pursuant to paragraph (3), mutually agree to determine the 
    value of certain lands pursuant to this subparagraph, such values 
    shall be determined by an appraisal. An appraisal conducted under 
    this subparagraph shall be conducted in accordance with appraisal 
    standards that are mutually agreeable to the Secretary and the 
    Chairman.
        (B) If an appraisal is conducted pursuant to this subparagraph, 
    during the appraisal process--
            (i) the Chairman shall have the opportunity to present 
        evidence of value to the Secretary;
            (ii) the Secretary shall provide the Chairman a preliminary 
        copy of the appraisal;
            (iii) the Chairman shall have a reasonable and sufficient 
        opportunity to comment on the preliminary copy of the 
        appraisal; and
            (iv) the Secretary shall give consideration to the comments 
        and evidence of value submitted by the Chairman under this 
        subparagraph.
        (C) The Chairman shall have the right to dispute the 
    determinations of values made by an appraisal conducted under this 
    subparagraph. If the Chairman disputes the appraisal, the Secretary 
    and the Chairman may mutually agree to employ a process of 
    bargaining, mediation, or other means of dispute resolution to make 
    the determinations of values described in subparagraphs (A) and (B) 
    of paragraph (1).
    (b) Authorization.--
        (1) Exchange.--Subject to paragraphs (2) and (5), the Secretary 
    may convey Federal lands described in paragraph (5) to the 
    Department of Hawaiian Home Lands in exchange for the continued 
    retention by the Federal Government of lands described in 
    subsection (a)(1)(A).
        (2) Value of lands.--(A) The value of any lands conveyed to the 
    Department of Hawaiian Home Lands by the Federal Government in 
    accordance with an exchange made under paragraph (1) may not be 
    less than the value of the lands retained by the Federal Government 
    pursuant to such exchange.
        (B) For the purposes of this subsection, the value of any lands 
    exchanged pursuant to paragraph (1) shall be determined as of the 
    date the exchange is carried out, or any other date determined by 
    the Secretary, with the concurrence of the Chairman.
        (3) Lost use.--Subject to paragraphs (4) and (5), the Secretary 
    may convey Federal lands described in paragraph (5) to the 
    Department of Hawaiian Home Lands as compensation for the lost use 
    of lands determined under subsection (a)(1)(B).
        (4) Value of lost use.--(A) the value of any lands conveyed to 
    the Department of Hawaiian Home Lands by the Federal Government as 
    compensation under paragraph (3) may not be less than the value of 
    the lost use of lands determined under subsection (a)(1)(B).
        (B) For the purposes of this subparagraph, the value of any 
    lands conveyed pursuant to paragraph (3) shall be determined as of 
    the date that the conveyance occurs, or any other date determined 
    by the Secretary, with the concurrence of the Chairman.
        (5) Federal lands for exchange.--(A) Subject to subparagraphs 
    (B) and (C), Federal lands located in Hawaii that are under the 
    control of an agency (other than lands within the National Park 
    System or the National Wildlife Refuge System) may be conveyed to 
    the Department of Hawaiian Home Lands under paragraphs (1) and (3). 
    To assist the Secretary in carrying out this Act, the head of an 
    agency may transfer to the Department of the Interior, without 
    reimbursement, jurisdiction and control over any lands and any 
    structures that the Secretary determines to be suitable for 
    conveyance to the Department of Hawaiian Home Lands pursuant to an 
    exchange conducted under this section.
        (B) No Federal lands that the Federal Government is required to 
    convey to the State of Hawaii under section 5 of the Hawaii State 
    Admission Act may be conveyed under paragraph (1) or (3).
        (C) No Federal lands that generate income (or would be expected 
    to generate income) for the Federal Government may be conveyed 
    pursuant to an exchange made under this paragraph to the Department 
    of Hawaiian Home Lands.
    (c) Available Lands.--
        (1) In general.--Subject to paragraphs (2) and (3), the 
    Secretary shall require that lands conveyed to the Department of 
    Hawaiian Home Lands under this Act shall have the status of 
    available lands under the Hawaiian Homes Commission Act.
        (2) Subsequent exchange of lands.--Notwithstanding any other 
    provision of law, lands conveyed to the Department of Hawaiian Home 
    Lands under this paragraph may subsequently be exchanged pursuant 
    to section 204(3) of the Hawaiian Home Commission Act.
        (3) Sale of certain lands.--Notwithstanding any other provision 
    of law, the Chairman may, at the time that lands are conveyed to 
    the Department of Hawaiian Home Lands as compensation for lost use 
    under this Act, designate lands to be sold. The Chairman is 
    authorized to sell such land under terms and conditions that are in 
    the best interest of the beneficiaries. The proceeds of such a sale 
    may only be used for the purposes described in section 207(a) of 
    the Hawaiian Homes Commission Act.
    (d) Consultation.--In carrying out their respective 
responsibilities under this section, the Secretary and the Chairman 
shall--
        (1) consult with the beneficiaries and organizations 
    representing the beneficiaries; and
        (2) report to such organizations on a regular basis concerning 
    the progress made to meet the requirements of this section.
    (e) Hold Harmless.--Notwithstanding any other provision of law, the 
United States shall defend and hold harmless the Department of Hawaiian 
Home Lands, the employees of the Department, and the beneficiaries with 
respect to any claim arising from the ownership of any land or 
structure that is conveyed to the Department pursuant to an exchange 
made under this section prior to the conveyance to the Department of 
such land or structure.
    (f) Screening.--
        (1) In general.--Notwithstanding any other provision of law, 
    the Secretary of Defense and the Administrator of General Services 
    shall, at the same time as notice is provided to Federal agencies 
    that excess real property is being screened pursuant to applicable 
    Federal laws (including regulations) for possible transfer to such 
    agencies, notify the Chairman of any such screening of real 
    property that is located within the State of Hawaii.
        (2) Response to notification.--Notwithstanding any other 
    provision of law, not later than 90 days after receiving a notice 
    under paragraph (1), the Chairman may select for appraisal real 
    property, or at the election of the Chairman, portions of real 
    property, that is the subject of a screening.
        (3) Selection.--Notwithstanding any other provision of law, 
    with respect to any real property located in the State of Hawaii 
    that, as of the date of enactment of this Act, is being screened 
    pursuant to applicable Federal laws for possible transfer (as 
    described in paragraph (1)) or has been screened for such purpose, 
    but has not been transferred or declared to be surplus real 
    property, the Chairman may select all, or any portion of, such real 
    property to be appraised pursuant to paragraph (4).
        (4) Appraisal.--Notwithstanding any other provision of law, the 
    Secretary of Defense or the Administrator of General Services shall 
    appriase the real property or portions of real property selected by 
    the Chairman using the Uniform Standards for Federal Land 
    Acquisition developed by the Interagency Land Acquisition 
    Conference, or such other standard as the Chairman agrees to.
        (5) Request for conveyance.--Notwithstanding any other 
    provision of law, not later than 30 days after the date of 
    completion of such appraisal, the Chairman may request the 
    conveyance to the Department of Hawaiian Home Lands of--
            (A) the appraised property; or
            (B) a portion of the appraised property, to the Department 
        of Hawaiian Home Lands.
        (6) Conveyance.--Notwithstanding any other provision of law, 
    upon receipt of a request from the Chairman, the Secretary of 
    Defense or the Administrator of the General Services Administration 
    shall convey, without reimbursement, the real property that is the 
    subject of the request to the Department of Hawaiian Home Lands as 
    compensation for lands identified under subsection (a)(1)(A) or 
    lost use identified under subsection (a)(1)(B).
        (7) Real property not subject to recoupment.--Notwithstanding 
    any other provision of law, any real property conveyed pursuant to 
    paragraph (6) shall not be subject to recoupment based upon the 
    sale or lease of the land by the Chairman.
        (8) Valuation.--Notwithstanding any other provision of law, the 
    Secretary shall reduce the value identified under subparagraph (A) 
    or (B) of subsection (a)(1), as determined pursuant to such 
    subsection, by an amount equal to the appraised value of any excess 
    lands conveyed pursuant to paragraph (6).
        (9) Limitation.--No Federal lands that generate income (or 
    would be expected to generate income) for the Federal Government 
    may be conveyed pursuant to this subsection to the Department of 
    Hawaiian Home Lands.

SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES 
              COMMISSION ACT.

    (a) Notice to the Secretary.--Not later than 120 days after a 
proposed amendment to the Hawaiian Homes Commission Act is approved in 
the manner provided in section 4 of the Hawaii State Admission Act, the 
Chairman shall submit to the Secretary--
        (1) a copy of the proposed amendment;
        (2) the nature of the change proposed to be made by the 
    amendment; and
        (3) an opinion regarding whether the proposed amendment 
    requires the approval of Congress under section 4 of the Hawaii 
    State Admission Act.
    (b) Determination by Secretary.--Not later than 60 days after 
receiving the materials required to be submitted by the Chairman 
pursuant to subsection (a), the Secretary shall determine whether the 
proposed amendment requires the approval of Congress under section 4 of 
the Hawaii State Admission Act, and shall notify the Chairman and 
Congress of the determination of the Secretary.
    (c) Congressional Approval Required.--If, pursuant to subsection 
(b), the Secretary determines that the proposed amendment requires the 
approval of Congress, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives--
        (1) a draft joint resolution approving the amendment;
        (2) a description of the change made by the proposed amendment 
    and an explanation of how the amendment advances the interests of 
    the beneficiaries;
        (3) a comparison of the existing law (as of the date of 
    submission of the proposed amendment) that is the subject of the 
    amendment with the proposed amendment;
        (4) a recommendation concerning the advisability of approving 
    the proposed amendment; and
        (5) any documentation concerning the amendments received from 
    the Chairman.

SEC. 205. LAND EXCHANGES.

    (a) Notice to the Secretary.--If the Chairman recommends for 
approval an exchange of Hawaiian Home Lands, the Chairman shall submit 
a report to the Secretary on the proposed exchange. The report shall 
contain--
        (1) a description of the acreage and fair market value of the 
    lands involved in the exchange;
        (2) surveys and appraisals prepared by the Department of 
    Hawaiian Home Lands, if any; and
        (3) an identification of the benefits to the parties of the 
    proposed exchange.
    (b) Approval or Disapproval.--
        (1) In general.--Not later than 120 days after receiving the 
    information required to be submitted by the Chairman pursuant to 
    subsection (a), the Secretary shall approve or disapprove the 
    proposed exchange.
        (2) Notification.--The Secretary shall notify the Chairman, the 
    Committee on Energy and Natural Resources of the Senate, and the 
    Committee on Resources of the House of Representatives of the 
    reasons for the approval or disapproval of the proposed exchange.
    (c) Exchanges Initiated by Secretary.--
        (1) In general.--The Secretary may recommend to the Chairman an 
    exchange of Hawaiian Home Lands for Federal lands described in 
    section 203(b)(5), other than lands described in subparagraphs (B) 
    and (C) of such section. If the Secretary initiates a 
    recommendation for such an exchange, the Secretary shall submit a 
    report to the Chairman on the proposed exchange that meets the 
    requirements of a report described in subsection (a).
        (2) Approval by chairman.--Not later than 120 days after 
    receiving a recommendation for an exchange from the Secretary under 
    paragraph (1), the Chairman shall provide written notification to 
    the Secretary of the approval or disapproval of a proposed 
    exchange. If the Chairman approves the proposed exchange, upon 
    receipt of the written notification, the Secretary shall notify the 
    Committee on Energy and Natural Resources of the Senate, and the 
    Committee on Resources of the House of Representatives of the 
    approval of the Chairman of the proposed exchange.
        (3) Exchange.--Upon providing notification pursuant to 
    paragraph (2) of a proposed exchange that has been approved by the 
    Chairman pursuant to this section, the Secretary may carry out the 
    exchange.
    (d) Selection and Exchange.--
        (1) In general.--Notwithstanding any other provision of law, 
    the Secretary may--
            (A) select real property that is the subject of screening 
        activities conducted by the Secretary of Defense or the 
        Administrator of General Services pursuant to applicable 
        Federal laws (including regulations) for possible transfer to 
        Federal agencies; and
            (B) make recommendations to the Chairman concerning making 
        an exchange under subsection (c) that includes such real 
        property.
        (2) Transfer.--Notwithstanding any other provision of law, if 
    the Chairman approves an exchange proposed by the Secretary under 
    paragraph (1)--
            (A) the Secretary of Defense or the Administrator of 
        General Services shall transfer the real property described in 
        paragraph (1)(A) that is the subject of the exchange to the 
        Secretary without reimbursement; and
            (B) the Secretary shall carry out the exchange.
        (3) Limitation.--No Federal lands that generate income (or 
    would be expected to generate income) for the Federal Government 
    may be conveyed pursuant to this subsection to the Department of 
    Hawaiian Home Lands.
    (e) Surveys and Appraisals.--
        (1) Requirement.--The Secretary shall conduct a survey of all 
    Hawaiian Home Lands based on the report entitled ``Survey Needs for 
    the Hawaiian Home Lands'', issued by the Bureau of Land Management 
    of the Department of the Interior, and dated July 1991.
        (2) Other surveys.--The Secretary is authorized to conduct such 
    other surveys and appraisals as may be necessary to make an 
    informed decision regarding approval or disapproval of a proposed 
    exchange.

SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.

    (a) Designation.--
        (1) In general.--Not later than 120 days after the date of 
    enactment of this Act, the Secretary shall designate an individual 
    from within the Department of the Interior to administer the 
    responsibilities of the United States under this title and the 
    Hawaiian Homes Commission Act.
        (2) Default.--If the Secretary fails to make an appointment by 
    the date specified in paragraph (1), or if the position is vacant 
    at any time thereafter, the Assistant Secretary for Policy, Budget, 
    and Administration of the Department of the Interior shall exercise 
    the responsibilities for the Department in accordance with 
    subsection (b).
    (b) Responsibilities.--The individual designated pursuant to 
subsection (a) shall, in administering the laws referred to in such 
subsection--
        (1) advance the interests of the beneficiaries; and
        (2) assist the beneficiaries and the Department of Hawaiian 
    Home Lands in obtaining assistance from programs of the Department 
    of the Interior and other Federal agencies that will promote 
    homesteading opportunities, economic self-sufficiency, and social 
    well-being of the beneficiaries.

SEC. 207. ADJUSTMENT.

    The Act of July 1, 1932 (47 Stat. 564, chapter 369; 25 U.S.C. 386a) 
is amended by striking the period at the end and adding the following: 
``: Provided further, That the Secretary shall adjust or eliminate 
charges, defer collection of construction costs, and make no assessment 
on behalf of such charges for beneficiaries that hold leases on 
Hawaiian home lands, to the same extent as is permitted for individual 
Indians or tribes of Indians under this section.''.

SEC. 208. REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Chairman shall report to the Secretary 
concerning any claims that--
        (1) involve the transfer of lands designated as available lands 
    under section 203 of the Hawaiian Homes Commission Act (as in 
    effect on the date of enactment of such Act); and
        (2) are not otherwise covered under this title.
    (b) Review.--Not later than 180 days after receiving the report 
submitted under subsection (a), the Secretary shall make a 
determination with respect to each claim referred to in subsection (a), 
whether, on the basis of legal and equitable considerations, 
compensation should be granted to the Department of Hawaiian Home 
Lands.
    (c) Compensation.--If the Secretary makes a determination under 
subsection (b) that compensation should be granted to the Department of 
Hawaiian Home Lands, the Secretary shall determine the value of the 
lands and lost use in accordance with the process established under 
section 203(a), and increase the determination of value made under 
subparagraphs (A) and (B) of section 203(a)(1) by the value determined 
under this subsection.

SEC. 209. AUTHORIZATION.

    There are authorized to be appropriated such sums as may be 
necessary for compensation to the Department of Hawaiian Home Lands for 
the value of the lost use of lands determined under section 203. 
Compensation received by the Department of Hawaiian Home Lands from 
funds made available pursuant to this section may only be used for the 
purposes described in section 207(a) of the Hawaiian Homes Commission 
Act. To the extent
 that amounts are made available by appropriations pursuant to this 
section for compensation paid to the Department of Hawaiian Home Lands 
for lost use, the Secretary shall reduce the determination of value 
established under section 203(a)(1)(B) by such amount.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```