106TH CONGRESS
2D SESSION
H. R. 2462
AN ACT
To amend the Organic Act of Guam, and for other
purposes.
106TH CONGRESS
2D SESSION
H. R. 2462
AN ACT
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,
erty and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.).
(c) COMPENSATION.—A transfer of excess real prop-
erty under subsection (b) to the Government of Guam for
a public 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
necessary 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 reme-
diation 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 2 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 prop-
erty reported excess by a military department and in
all cases with respect to paragraph (1)(A), the Ad-
ministrator shall consult with the Secretary of De-
fense regarding the restrictive covenants to be im-
posed 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 prop-
erty 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
excess as a result of a base closure law.
(f) TREATMENT
OF GUAM NATIONAL WILDLIFE
REFUGE 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 Wild-
life Refuge has been declared excess. The Govern-
ment of Guam and the Fish and Wildlife Service
shall have 180 days to engage in discussions toward
an agreement providing for the future ownership
and management of the real property.
(2) TRANSFER
AND
MANAGEMENT
UNDER
AGREEMENT.—If the parties reach an agreement
under paragraph (1) within the 180-day period and
the agreement is submitted to the Committee on En-
ergy 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 prop-
erty under the agreement, 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
comments of the Fish and Wildlife Service and the
Government of Guam. If the subject property is
under the jurisdiction of a military department, the
Secretary of the military department may transfer
administrative control over the property to the Gen-
eral 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 response 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 agreement, the real property shall be transferred
and managed 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 re-
sult 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 Realign-
ment Act (Public Law 100–526; 10 U.S.C. 2687
note), or similar base closure authority.
(3) The term ‘‘excess real property’’ means ex-
cess 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, iden-
tified 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, Terri-
tory of Guam, July 1993’’ to the extent that the
Federal Government holds title to such lands.