IB
Union Calendar No. 454
106TH CONGRESS
2D SESSION
H. R. 2462
[Report No. 106–787]
To amend the Organic Act of Guam, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 1999
Mr. UNDERWOOD (for himself, Mr. YOUNG of Alaska, and Mr. GEORGE MIL-
LER of California) introduced the following bill; which was referred to the
Committee on Resources
JULY 25, 2000
Reported with an amendment, committed to the Committee
on the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 1, 1999]
A BILL
To amend the Organic Act of Guam, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Guam Omnibus Oppor-
tunities Act’’.
SEC. 2. GUAM LAND RETURN ACT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Guam Land Return Act’’.
(b) TRANSFER OF EXCESS REAL PROPERTY.—
(1) NOTICE OF AVAILABILITY.—Except as pro-
vided in subsection (e), before screening excess real
property located on Guam for further Federal used
under section 202 of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 471 et
seq.), the Administrator shall notify the Government
of Guam that the property is available for transfer to
the Government of Guam pursuant to this section.
(2) OPPORTUNITY FOR ACQUISITION BY GUAM.—
If the Government of Guam, within 180 days after re-
ceiving notification under paragraph (1) with regard
to certain real property, notifies the Administrator
that the Government of Guam intends to acquire the
property under this section, the Administrator shall
transfer such property to the Government of Guam in
accordance with subsections (c) and (d). Otherwise,
the Administrator shall dispose of the property in ac-
cordance with the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 471 et seq.).
(c) COMPENSATION.—A transfer of excess real property
under subsection (b) to the Government of Guam for a pub-
lic purpose shall be made without reimbursement or other
compensation from the Government of Guam.
(d) CONDITIONS.—
(1) RESTRICTIVE COVENANTS.—All transfers of
excess real property under subsection (b) to the Gov-
ernment of Guam shall be subject to such restrictive
covenants as the Administrator determines to be nec-
essary to ensure that—
(A) the use of the property is compatible
with continued military activities on Guam;
(B) the use of the property is consistent
with the environmental condition of the prop-
erty;
(C) access is available to the United States
to conduct any additional environmental remedi-
ation or monitoring that may be required;
(D) to the extent the property was trans-
ferred for a public purpose, the property is so
used; and
(E) to the extent the property has been used
by another Federal agency for a minimum of
two years, the transfer to the Government of
Guam is subject to the terms and conditions of
those permit interests until the expiration of
those permits.
(2) CONSULTATION.—In the case of real property
reported excess by a military department and in all
cases with respect to paragraph (1)(A), the Adminis-
trator shall consult with the Secretary of Defense re-
garding the restrictive covenants to be imposed on a
transfer of the property.
(3) OTHER LAWS.—All transfers of excess real
property under subsection (b) to the Government of
Guam are subject to all otherwise applicable Federal
laws, except section 2696 of title 10, United States
Code. Any property that the Government of Guam
has the opportunity to acquire under subsection (b)
shall not be subject to section 501 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11411).
(e) EXEMPTIONS.—Notwithstanding that real property
located on Guam and described in this subsection may be
excess real property, this section shall not apply—
(1) to real property on Guam that is located
within the Guam National Wildlife Refuge, which
shall be transferred in accordance with subsection (f);
(2) to real property described in the Guam Ex-
cess Lands Act (Public Law 103–339, 108 Stat.
3116), which shall be disposed of in accordance with
such Act; or
(3) to real property on Guam that is declared ex-
cess as a result of a base closure law.
(f) TREATMENT OF GUAM NATIONAL WILDLIFE REF-
UGE LANDS.—
(1) NOTIFICATION
OF
AVAILABILITY; NEGOTIA-
TIONS.—The Administrator shall notify the Govern-
ment of Guam and the Fish and Wildlife Service that
real property within the Guam National Wildlife Ref-
uge has been declared excess. The Government of
Guam and the Fish and Wildlife Service shall have
180 days to engage in discussions toward an agree-
ment providing for the future ownership and manage-
ment of the real property.
(2) TRANSFER AND MANAGEMENT UNDER AGREE-
MENT.—If the parties reach an agreement under
paragraph (1) within the 180-day period and the
agreement is submitted to the Committee on Energy
and Natural Resources of the United States Senate
and the Committee on Resources of the United States
House of Representatives not less than 60 days prior
to any transfer of the real property under the agree-
ment, the property shall be transferred and managed
in accordance with the agreement. Any such transfer
shall be subject to the other provisions of this section.
(3) EFFECT OF LACK OF AGREEMENT.—If the
parties do not reach an agreement under paragraph
(1) within the 180-day period, the Administrator
shall provide a report to Congress on the status of the
discussions, together with recommendations on the
likelihood of resolution of differences and the com-
ments of the Fish and Wildlife Service and the Gov-
ernment of Guam. If the subject property is under the
jurisdiction of a military department, the Secretary
of the military department may transfer administra-
tive control over the property to the General Services
Administration. Absent an agreement on the future
ownership and use of the property, the property may
not be transferred to another Federal agency or out
of Federal ownership except pursuant to an Act of
Congress specifically identifying the property.
(4) EVENTUAL AGREEMENT.—If the parties come
to an agreement prior to congressional action in re-
sponse to a report under paragraph (3) and the
agreement is submitted to the Committee on Energy
and Natural Resources of the United States Senate
and the Committee on Resources of the United States
House of Representatives not less than 60 days prior
to any transfer of the real property under the agree-
ment, the real property shall be transferred and man-
aged in accordance with the agreement. Any such
transfer shall be subject to the other provisions of this
section.
(g) DUAL CLASSIFICATION PROPERTY.—If a parcel of
real property on Guam that is declared excess as a result
of a base closure law also falls within the boundary of the
Guam National Wildlife Refuge, such parcel of property
shall be disposed of in accordance with the base closure law.
(h) AUTHORITY TO ISSUE REGULATIONS.—The Ad-
ministrator of General Services, after consultation with the
Secretary of Defense and the Secretary of Interior, may
issue such regulations as the Administrator deems necessary
to carry out this section.
(i) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘Administrator’’ means—
(A) the Administrator of General Services;
or
(B) the head of any Federal agency with the
authority to dispose of excess real property on
Guam.
(2) The term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note), title II of the Defense Authoriza-
tion Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note), or
similar base closure authority.
(3) The term ‘‘excess real property’’ means excess
property (as that term is defined in section 3 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 472)) that is real property and was
acquired by the United States prior to the enactment
of this section.
(4) The term ‘‘Guam National Wildlife Refuge’’
includes those lands within the refuge overlay under
the jurisdiction of the Department of Defense, identi-
fied as Department of Defense lands in figure 3, on
page 74, and as submerged lands in figure 7, on page
78 of the ‘‘Final Environmental Assessment for the
Proposed Guam National Wildlife Refuge, Territory
of Guam, July 1993’’ to the extent that the Federal
Government holds title to such lands.
(5) The term ‘‘public purpose’’ means those pub-
lic benefit purposes for which the United States may
dispose of property pursuant to section 203 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 484), as implemented by the Federal
Property Management Regulations (41 CFR 101–47)
or other public benefit uses provided under the Guam
Excess Lands Act (Public Law 103–339; 108 Stat.
3116).
SEC. 3. GUAM FOREIGN DIRECT INVESTMENT EQUITY ACT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Guam Foreign Direct Investment Equity Act’’.
(b) IN GENERAL.—Subsection (d) of section 31 of the
Organic Act of Guam (48 U.S.C. 1421i) is amended by add-
ing at the end the following new paragraph:
‘‘(3) In applying as the Guam Territorial income tax
the income-tax laws in force in Guam pursuant to sub-
section (a) of this section, the rate of tax under sections
871, 881, 884, 1441, 1442, 1443, 1445, and 1446 of the In-
ternal Revenue Code of 1986 on any item of income from
sources within Guam shall be the same as the rate which
would apply with respect to such item were Guam treated
as part of the United States for purposes of the treaty obli-
gations of the United States.’’.
(c) CERTAIN GUAM-BASED TRUSTS EXEMPT.—The
provisions of this section shall not apply to any Guam-
based trust formed pursuant to Division 2 of Title 11,
Chapter 160, of the Guam Code Annotated.
(d) EFFECTIVE DATE.—The amendment made by sub-
section (b) shall apply to amounts paid after the date of
the enactment of this Act.