H. R. 402—2
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 appro-
priate 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 distribu-
tion 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 por-
tion of the mining claim so conveyed.’’.
SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUB-
STANCE 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 environ-
ment, 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 prac-
ticable 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, identi-
fication of structures known to have asbestos present and rec-
H. R. 402—3
ommendations 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 Conserva-
tion Act (94 Stat. 2542) is amended by adding at the end the
following:
‘‘(5) Following the exercise by Arctic Slope Regional Cor-
poration of its option under paragraph (1) to acquire the sub-
surface 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 appro-
priate 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 Con-
servation Act (94 Stat. 2375).
(3) Recommendations for any additional legislation that
the Secretary concludes is necessary.
H. R. 402—4
(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, Incor-
porated, 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 Under-
standing 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 accept-
ance of the property bidding credits by Cook Inlet Region, Incor-
porated, 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 subsidi-
aries in any and all claims arising from asbestos or any contamina-
tion 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 Cor-
poration. 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
H. R. 402—5
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 enact-
ment 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 ‘‘Hawai-
ian 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:
H. R. 402—6
(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 deter-
minations 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 sub-
paragraphs (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 Sec-
retary 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 subpara-
graph, 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 prelimi-
nary copy of the appraisal;
(iii) the Chairman shall have a reasonable and suffi-
cient opportunity to comment on the preliminary copy of
the appraisal; and
(iv) the Secretary shall give consideration to the com-
ments 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
H. R. 402—7
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 Sec-
retary 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 para-
graph (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 Chair-
man.
(3) LOST USE.—Subject to paragraphs (4) and (5), the Sec-
retary 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 con-
veyed 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 deter-
mined 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 subpara-
graphs (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 carry-
ing 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 Sec-
retary determines to be suitable for conveyance to the Depart-
ment of Hawaiian Home Lands pursuant to an exchange con-
ducted 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 para-
graph 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.
H. R. 402—8
(2) SUBSEQUENT
EXCHANGE
OF
LANDS.—Notwithstanding
any other provision of law, lands conveyed to the Department
of Hawaiian Home Lands under this paragraph may subse-
quently be exchanged pursuant to section 204(3) of the Hawai-
ian 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 bene-
ficiaries. 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 respon-
sibilities under this section, the Secretary and the Chairman shall—
(1) consult with the beneficiaries and organizations rep-
resenting the beneficiaries; and
(2) report to such organizations on a regular basis concern-
ing 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 Depart-
ment 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 Depart-
ment 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 Stand-
ards for Federal Land Acquisition developed by the Interagency
Land Acquisition Conference, or such other standard as the
Chairman agrees to.
H. R. 402—9
(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 Depart-
ment 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 sub-
section (a)(1)(B).
(7) REAL PROPERTY NOT SUBJECT TO RECOUPMENT.—Not-
withstanding 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 para-
graph (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 Chair-
man 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 sub-
section (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;
H. R. 402—10
(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 approv-
ing 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 dis-
approve the proposed exchange.
(2) NOTIFICATION.—The Secretary shall notify the Chair-
man, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Resources of the House of Rep-
resentatives 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.—
H. R. 402—11
(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 concern-
ing 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 ‘‘Sur-
vey 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 con-
duct 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 admin-
ister the responsibilities of the United States under this title
and the Hawaiian Homes Commission Act.
(2) DEFAULT.—If the Secretary fails to make an appoint-
ment 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-suffi-
ciency, and social well-being of the beneficiaries.
H. R. 402—12
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 deter-
mination with respect to each claim referred to in subsection (a),
whether, on the basis of legal and equitable considerations, com-
pensation 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 deter-
mine the value of the lands and lost use in accordance with the
process established under section 203(a), and increase the deter-
mination 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
H. R. 402—13
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 determina-
tion 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.