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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 402 Reported in Senate (RS)]

                                                       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

                                                       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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>SECTION 1. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK 
              NATIVE ASSOCIATIONS CONVEYANCES.</DELETED>

<DELETED>    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 </DELETED>
<DELETED>of the agreement of February 3, 1976, and subsequent letter 
agreement of March 26, 1982, among the three parties are hereby adopted 
and ratified as a matter of Federal law. These 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 the 
receipt of any additional lands under the Alaska Native Claims 
Settlement Act. The ratification of these conveyances shall not have 
any other effect upon 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 the basis for any claim to land or money by 
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.</DELETED>

<DELETED>SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL 
              CORPORATION.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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 the enactment of this 
paragraph, the Secretary, acting through the Bureau of Land Management 
and in a manner consistent with section 14(g) of this Act, 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 which would have been made with the Bureau of Land 
Management if the lands were within Federal ownership shall be timely 
made to the appropriate regional corporation. The validity of any such 
mining claim or claims may be contested by the regional corporation, in 
the 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 or claims 
so conveyed.''.</DELETED>

<DELETED>SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE 
              CONTAMINATION OF TRANSFERRED LANDS.</DELETED>

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

      <DELETED>``claims arising from contamination of transferred 
                            lands</DELETED>

<DELETED>    ``Sec. 40. (a) As used in this section:</DELETED>
        <DELETED>    ``(1) The term `contaminant' means hazardous 
        substances harmful to public health or the environment, 
        including asbestos.</DELETED>
        <DELETED>    ``(2) The term `lands' means real property 
        transferred to an Alaska Native Corporation pursuant to this 
        Act.</DELETED>
<DELETED>    ``(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 
hazardous substances on lands conveyed or prioritized for conveyance to 
such corporations pursuant to this Act. Such report shall consist of--
</DELETED>
        <DELETED>    ``(1) existing information concerning the nature 
        and types of contaminants present on such lands prior to 
        conveyance to Alaska Native corporations;</DELETED>
        <DELETED>    ``(2) existing information identifying the 
        existence and availability of potentially responsible parties 
        for the removal or amelioration of the effects of such 
        contaminants;</DELETED>
        <DELETED>    ``(3) identification of existing remedies; 
        and</DELETED>
        <DELETED>    ``(4) recommendations for any additional 
        legislation that the Secretary concludes is necessary to remedy 
        the problem of contaminants on such lands.''.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
              IMPLEMENTING REQUIRED RECONVEYANCES.</DELETED>

<DELETED>    Section 14(c) of 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.''.</DELETED>

<DELETED>SEC. 5. NATIVE ALLOTMENTS.</DELETED>

<DELETED>    Section 1431(o) of the Alaska National Interest Lands 
Conservation Act (94 Stat. 2542) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(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 the Kuupik 
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.''.</DELETED>

<DELETED>SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE 
              ALASKAN VETERANS FOR ALLOTMENTS.</DELETED>

<DELETED>    (a) In General.--No later than six 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:</DELETED>
        <DELETED>    (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 
such Act was in effect before December 18, 1971;</DELETED>
        <DELETED>    (2) an assessment of the potential impacts of 
        additional allotments on conservation system units as such term 
        is defined in section 102(4) of the Alaska National Interest 
        Lands Conservation Act (94 Stat. 2375); and</DELETED>
        <DELETED>    (3) recommendations for any additional legislation 
        that the Secretary concludes is necessary.</DELETED>
<DELETED>    (b) Requirement.--The Secretary of Veterans Affairs shall 
release to the Secretary of the Interior information relevant to the 
report required under subsection (a).</DELETED>

<DELETED>SEC. 7. TRANSFER OF WRANGELL INSTITUTE.</DELETED>

<DELETED>    (a) Property Transfer.--Cook Inlet Region, Incorporated, 
is authorized to transfer to the United States and the General Services 
Administration shall accept an approximately 10-acre site of the 
Wrangell Institute in Wrangell, Alaska, and the structures contained 
thereon.</DELETED>
<DELETED>    (b) Restoration of Property Credits.--</DELETED>
        <DELETED>    (1) In general.--In exchange for the land and 
        structures transferred under subsection (a), property bidding 
        credits in the total amount of $382,305, 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), referred to 
        in such section as the ``Cook Inlet Region, Incorporated, 
        property account''. Such property bidding credits shall be used 
        in the same fiscal year as received by Cook Inlet Region, 
        Incorporated.</DELETED>
        <DELETED>    (2) Hold harmless.--The United States shall defend 
        and hold harmless Cook Inlet Region, Incorporated, and its 
        subsidiaries in any and all claims arising from Federal or Cook 
        Inlet Region, Incorporated, ownership of the land and 
        structures prior to their return to the United 
        States.</DELETED>

<DELETED>SEC. 8. SHISHMAREF AIRPORT AMENDMENT.</DELETED>

<DELETED>    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 Secretary is authorized to reacquire the interests 
originally conveyed pursuant to Patent No. 1240529, and, 
notwithstanding any other provision of law, the Secretary 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 clean up 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 or from the United 
States.</DELETED>
                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 decision 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 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. CONFIRMATION OF WOODY ISLAND AS ELIGIBLE NATIVE VILLAGE.

    The Native village of Woody Island, located on Woody Island, 
Alaska, in the Koniag Region, is hereby confirmed as an eligible Alaska 
Native Village, pursuant to Section 11(b)(3) of the Alaska Native 
Claims Settlement Act (``ANCSA''). It is further confirmed that 
Leisnoi, Inc., is the Village Corporation, as that term is defined in 
Section 3(j) of ANCSA, for the village of Woody Island.
                     TITLE II--HAWAIIAN HOME LANDS

SEC. 201. SHORT TITLE

    This title may 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 Home 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.
            Passed the House of Representatives March 14, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
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HR 402 RS----3
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