II
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 Representa-
tives of the United States of America in Congress assembled,
SECTION
1.
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 convey-
ance of approximately 11,520 acres to Caswell Native As-
HR 402 RS
sociation, 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 three par-
ties 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 cor-
porations for Montana Creek and Caswell are hereby de-
clared 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 cor-
porations or any other Alaska Native Corporation against
the State of Alaska, the United States, or Cook Inlet Re-
gion, Incorporated.
SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALAS-
KA REGIONAL CORPORATION.
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:
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‘‘(3) This section shall apply to lands conveyed by in-
terim conveyance or patent to a regional corporation pur-
suant 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. Ef-
fective upon the date of the enactment of this paragraph,
the Secretary, acting through the Bureau of Land Man-
agement and in a manner consistent with section 14(g)
of this Act, shall transfer to the regional corporation ad-
ministration 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 re-
quirements 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 claim-
ants 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
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such proceedings or appeals. All revenues from such min-
ing 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 propor-
tion of revenues, other than administrative fees, reason-
ably allocated to the portion of the mining claim or claims
so conveyed.’’.
SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARD-
OUS SUBSTANCE CONTAMINATION OF TRANS-
FERRED 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:
‘‘(1) The term ‘contaminant’ means hazardous
substances harmful to public health or the environ-
ment, including asbestos.
‘‘(2) The term ‘lands’ means real property
transferred to an Alaska Native Corporation pursu-
ant to this Act.
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‘‘(b) Within 18 months of enactment of this section,
and after consultation with the Secretary of Agriculture,
State of Alaska, and appropriate Alaska Native corpora-
tions 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—
‘‘(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 the exist-
ence and availability of potentially responsible par-
ties for the removal or amelioration of the effects of
such contaminants;
‘‘(3) identification of existing remedies; and
‘‘(4) recommendations for any additional legis-
lation that the Secretary concludes is necessary to
remedy
the
problem
of
contaminants
on
such
lands.’’.
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SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE
PURPOSES
OF
IMPLEMENTING
REQUIRED
RECONVEYANCES.
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.’’.
SEC. 5. 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 Corpora-
tion, 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 sub-
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ject 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 pursu-
ant to this paragraph.’’.
SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN
NATIVE
ALASKAN
VETERANS
FOR
ALLOT-
MENTS.
(a) IN GENERAL.—No later than six months after the
date of enactment of this Act, the Secretary of the Inte-
rior, 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 de-
fined in section 101 of title 38, United States Code,
who were eligible for but did not apply for an allot-
HR 402 RS
ment 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;
(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
(3) recommendations for any additional legisla-
tion that the Secretary concludes is necessary.
(b) REQUIREMENT.—The Secretary of Veterans Af-
fairs shall release to the Secretary of the Interior informa-
tion relevant to the report required under subsection (a).
SEC. 7. TRANSFER OF WRANGELL INSTITUTE.
(a) PROPERTY TRANSFER.—Cook Inlet Region, In-
corporated, 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.
(b) RESTORATION OF PROPERTY CREDITS.—
(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 Re-
gion, Incorporated, property account in the Treasury
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established under section 12(b) of the Act of Janu-
ary 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 prop-
erty bidding credits shall be used in the same fiscal
year as received by Cook Inlet Region, Incorporated.
(2) HOLD HARMLESS.—The United States shall
defend and hold harmless Cook Inlet Region, Incor-
porated, and its subsidiaries in any and all claims
arising from Federal or Cook Inlet Region, Incor-
porated, ownership of the land and structures prior
to their return to the United States.
SEC. 8. 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 Sec-
retary is authorized to reacquire the interests originally
conveyed pursuant to Patent No. 1240529, and, notwith-
standing 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 ex-
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isting 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.
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 Mon-
tana 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 agree-
ment 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 ad-
ditional 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 Settle-
HR 402 RS
ment Act (43 U.S.C. 1613(h)) or upon the duties and obli-
gations of the United States to any Alaska Native Corpora-
tion. This ratification shall not be for any claim to land
or money by the Caswell or Montana Creek group corpora-
tions 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 cor-
poration 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 enact-
ment of this paragraph. Effective upon the date of en-
actment 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 con-
veyed to that corporation. Any person holding such
mining claim or claims shall meet such requirements
HR 402 RS
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 Manage-
ment if the lands were within Federal ownership shall
be timely made with the appropriate regional cor-
poration. 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 deci-
sion 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 corpora-
tion 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 con-
veyed to the regional corporation, the regional cor-
poration shall be entitled only to that proportion of
revenues, other than administrative fees, reasonably
allocated to the portion of the mining claim so con-
veyed.’’.
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SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARD-
OUS SUBSTANCE CONTAMINATION OF TRANS-
FERRED 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 ‘con-
taminant’ 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 corpora-
tions 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 pres-
ence 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 ex-
tent practicable the existence and availability of po-
HR 402 RS
tentially responsible parties for the removal or reme-
diation of the effects of such contaminants;
‘‘(3) identification of existing remedies;
‘‘(4) recommendations for any additional legisla-
tion that the Secretary concludes is necessary to rem-
edy the problem of contaminants on the lands; and
‘‘(5) in addition to the identification of contami-
nants, identification of structures known to have as-
bestos 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 as-
sistance to Village Corporations established pursuant to this
Act in order that they may fulfill the reconveyance require-
ments of section 14(c) of this Act. The Secretary may make
funds available as grants to ANCSA or nonprofit corpora-
tions that maintain in-house land planning and manage-
ment capabilities.’’.
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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 Re-
gional 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 convey-
ance of such oil and gas interests, the entitlement of
Arctic Slope Regional Corporation to in-lieu sub-
surface lands under section 12(a)(1) of the Alaska Na-
tive 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 Re-
gional Corporation pursuant to this paragraph.’’.
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SEC. 106. REPORT CONCERNING OPEN SEASON FOR CER-
TAIN NATIVE ALASKA VETERANS FOR ALLOT-
MENTS.
(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 organi-
zations, 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 in-
clude, but not be limited to, the following:
(1) The number of Vietnam era veterans, as de-
fined in section 101 of title 38, United States Code,
who were eligible for but did not apply for an allot-
ment 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 ad-
ditional 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 legisla-
tion that the Secretary concludes is necessary.
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(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 reci-
sion of the ANCSA settlement conveyance to Cook Inlet Re-
gion, 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 Janu-
ary 1, 1976 made pursuant to the methodology used to es-
tablish the Remaining Obligation Entitlement in the Memo-
randum of Understanding Between the United States De-
partment of the Interior and Cook Inlet Region, Incor-
porated dated April 11, 1986, shall be restored to the Cook
Inlet Region, Incorporated, property account in the Treas-
ury 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 Re-
gion, 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
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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, 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 na-
ture 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 por-
tion of the account.
(b) HOLD HARMLESS.—Upon acceptance of the prop-
erty 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 owner-
ship 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 Alas-
ka 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
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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, notwith-
standing 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 respon-
sible 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 Unit-
ed 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.
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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 cor-
poration of the United States Government.
(2) BENEFICIARY.—The term ‘‘beneficiary’’ has
the same meaning as is given the term ‘‘native Ha-
waiian’’ 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.
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(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 enti-
tled ‘‘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—
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(i) were initially designated as avail-
able lands under section 203 of the Hawai-
ian 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 Govern-
ment.
(B) The lost use of lands described in sub-
paragraph (A).
(2)(A) Except as provided in subparagraph (B),
the determinations of value made under this sub-
section 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 deter-
mining value that—
(i) is acceptable to the Chairman; and
(ii) is in the best interest of the bene-
ficiaries.
(B) The Secretary and the Chairman may mutu-
ally agree to extend the deadline for making deter-
minations under this subparagraph beyond the date
specified in subparagraph (A).
(3) The Secretary and the Chairman may mutu-
ally agree, with respect to the determinations of value
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described in subparagraphs (A) and (B) of paragraph
(1), to provide—
(A) for making any portion of the deter-
minations of value pursuant to subparagraphs
(A) and (B) of paragraph (1); and
(B) for making the remainder of the deter-
minations with respect to which the Secretary
and the Chairman do not exercise the option de-
scribed in subparagraph (A), pursuant to an ap-
praisal 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 de-
termine the value of certain lands pursuant to this
subparagraph, such values shall be determined by an
appraisal. An appraisal conducted under this sub-
paragraph shall be conducted in accordance with ap-
praisal 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;
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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 Fed-
eral 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 car-
ried out, or any other date determined by the Sec-
retary, 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 convey-
ance occurs, or any other date determined by the Sec-
retary, with the concurrence of the Chairman.
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(5) FEDERAL LANDS FOR EXCHANGE.—(A) Sub-
ject to subparagraphs (B) and (C), Federal lands lo-
cated 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 Inte-
rior, without reimbursement, jurisdiction and control
over any lands and any structures that the Secretary
determines to be suitable for conveyance to the De-
partment of Hawaiian Home Lands pursuant to an
exchange conducted under this section.
(B) No Federal lands that the Federal Govern-
ment 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 ex-
change made under this paragraph to the Department
of Hawaiian Home Lands.
(c) AVAILABLE LANDS.—
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(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.—Not-
withstanding any other provision of law, lands con-
veyed 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 Chair-
man 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
responsibilities under this section, the Secretary and the
Chairman shall—
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(1) consult with the beneficiaries and organiza-
tions representing the beneficiaries; and
(2) report to such organizations on a regular
basis concerning the progress made to meet the re-
quirements 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 re-
spect 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 convey-
ance 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 Ad-
ministrator of General Services shall, at the same
time as notice is provided to Federal agencies that ex-
cess real property is being screened pursuant to appli-
cable 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.—Notwithstand-
ing any other provision of law, not later than 90
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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 prop-
erty, that is the subject of a screening.
(3) SELECTION.—Notwithstanding any other
provision of law, with respect to any real property lo-
cated 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 de-
scribed 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 ap-
praised pursuant to paragraph (4).
(4) APPRAISAL.—Notwithstanding any other
provision of law, the Secretary of Defense or the Ad-
ministrator of General Services shall appriase the
real property or portions of real property selected by
the Chairman using the Uniform Standards for Fed-
eral Land Acquisition developed by the Interagency
Land Acquisition Conference, or such other standard
as the Chairman agrees to.
(5) REQUEST FOR CONVEYANCE.—Notwithstand-
ing any other provision of law, not later than 30
days after the date of completion of such appraisal,
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the Chairman may request the conveyance to the De-
partment 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 Adminis-
trator of the General Services Administration shall
convey, without reimbursement, the real property that
is the subject of the request to the Department of Ha-
waiian Home Lands as compensation for lands iden-
tified 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 para-
graph (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 sub-
section (a)(1), as determined pursuant to such sub-
section, by an amount equal to the appraised value
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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 sec-
tion 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 submit-
ted by the Chairman pursuant to subsection (a), the Sec-
retary shall determine whether the proposed amendment re-
quires the approval of Congress under section 4 of the Ha-
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graphs (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 ex-
change from the Secretary under paragraph (1), the
Chairman shall provide written notification to the
Secretary of the approval or disapproval of a pro-
posed exchange. If the Chairman approves the pro-
posed exchange, upon receipt of the written notifica-
tion, the Secretary shall notify the Committee on En-
ergy and Natural Resources of the Senate, and the
Committee on Resources of the House of Representa-
tives 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 ex-
change.
(d) SELECTION AND EXCHANGE.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, the Secretary may—
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(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 agen-
cies; and
(B) make recommendations to the Chair-
man concerning making an exchange under sub-
section (c) that includes such real property.
(2) TRANSFER.—Notwithstanding any other pro-
vision of law, if the Chairman approves an exchange
proposed by the Secretary under paragraph (1)—
(A) the Secretary of Defense or the Admin-
istrator 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 ex-
change.
(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.—
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(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 Manage-
ment of the Department of the Interior, and dated
July 1991.
(2) OTHER SURVEYS.—The Secretary is author-
ized to conduct such other surveys and appraisals as
may be necessary to make an informed decision re-
garding approval or disapproval of a proposed ex-
change.
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 Adminis-
tration of the Department of the Interior shall exer-
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cise the responsibilities for the Department in accord-
ance 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 op-
portunities, 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 individ-
ual 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—
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(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 en-
actment 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 re-
ferred to in subsection (a), whether, on the basis of legal
and equitable considerations, compensation should be grant-
ed to the Department of Hawaiian Home Lands.
(c) COMPENSATION.—If the Secretary makes a deter-
mination 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