H. R. 2462
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Organic Act of Guam, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO
ACQUIRE EXCESS REAL PROPERTY IN GUAM.
(a) TRANSFER OF EXCESS REAL PROPERTY.—(1) Except as pro-
vided in subsection (d), before screening excess real property located
on Guam for further Federal utilization under section 202 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) (hereinafter the ‘‘Property Act’’), the Administrator
shall notify the Government of Guam that the property is available
for transfer pursuant to this section.
(2) If the Government of Guam, within 180 days after receiving
notification under paragraph (1), notifies the Administrator that
the Government of Guam intends to acquire the property under
this section, the Administrator shall transfer such property in
accordance with subsection (b). Otherwise, the property shall be
screened for further Federal use and then, if there is no other
Federal use, shall be disposed of in accordance with the Property
Act.
(b) CONDITIONS OF TRANSFER.—(1) Any transfer of excess real
property to the Government of Guam may be only for a public
purpose and shall be without further consideration.
(2) All transfers of excess real property to the Government
of Guam shall be subject to such restrictive covenants as the
Administrator, in consultation with the Secretary of Defense, in
the case of property reported excess by a military department,
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 property; (C) access is available to the United
States to conduct any additional environmental remediation or mon-
itoring that may be required; (D) the property is used only for
a public purpose and can not be converted to any other use; and
(E) to the extent that facilities on the property have been occupied
and used by another Federal agency for a minimum of 2 years,
that the transfer to the Government of Guam is subject to the
terms and conditions for such use and occupancy.
(3) All transfers of excess real property to the Government
of Guam are subject to all otherwise applicable Federal laws, except
section 2696 of title 10, United States Code, or section 501 of
Public Law 100–77 (42 U.S.C. 11411).
(c) DEFINITIONS.—For the purposes of this section:
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(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 Defense
Authorization Amendments and Base Closure and Realignment
Act of 1988 (Public Law 100–526), the Defense Base Closure
and Realignment Act of 1990 (Public Law 101–510), or similar
base closure authority.
(3) The term ‘‘excess real property’’ means excess property
(as that term is defined in section 3 of the Property Act)
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, identified as DoD 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 public benefit
purposes for which the United States may dispose of property
pursuant to section 203 of the Property Act, as implemented
by the Federal Property Management Regulations (41 CFR
101–47) or the specific public benefit uses set forth in section
3(c) of the Guam Excess Lands Act (Public Law 103–339; 108
Stat. 3116), except that such definition shall not include the
transfer of land to an individual or entity for private use
other than on a nondiscriminatory basis.
(d) EXEMPTIONS.—Notwithstanding that such property may be
excess real property, the provisions of this section shall not apply—
(1) to real property on Guam that is declared excess by
the Department of Defense for the purpose of transferring
that property to the Coast Guard;
(2) to real property on Guam that is located within the
Guam National Wildlife Refuge, which shall be transferred
according to the following procedure:
(A) The Administrator shall notify the Government
of Guam and the Fish and Wildlife Service that such prop-
erty has been declared excess. The Government 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 such real
property.
(B) If the parties reach an agreement under subpara-
graph (A) within 180 days after notification of the declara-
tion of excess, the real property shall be transferred and
managed in accordance with such agreement: Provided,
That such agreement shall be transmitted to the Committee
on Energy and Natural Resources of the United States
Senate and the appropriate committees of the United States
House of Representatives not less than 60 days prior to
such transfer and any such transfer shall be subject to
the other provisions of this section.
(C) If the parties do not reach an agreement under
subparagraph (A) within 180 days after notification of the
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declaration of excess, the Administrator shall provide a
report to Congress on the status of the discussions, together
with his 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 prop-
erty is under the jurisdiction of a military department,
the military department may transfer administrative con-
trol over the property to the General Services Administra-
tion subject to any terms and conditions applicable to such
property. In the event of such a transfer by a military
department to the General Services Administration, the
Department of the Interior shall be responsible for all
reasonable costs associated with the custody, accountability
and control of such property until final disposition.
(D) If the parties come to agreement prior to congres-
sional action, the real property shall be transferred and
managed in accordance with such agreement: Provided,
That such agreement shall be transmitted to the Committee
on Energy and Natural Resources of the United States
Senate and the appropriate committees of the United States
House of Representatives not less than 60 days prior to
such transfer and any such transfer shall be subject to
the other provisions of this section.
(E) Absent an agreement on the future ownership and
use of the property, such property may not be transferred
to another Federal agency or out of Federal ownership
except pursuant to an Act of Congress specifically identi-
fying such property;
(3) to real property described in the Guam Excess Lands
Act (Public Law 103–339; 108 Stat. 3116) which shall be dis-
posed of in accordance with such Act;
(4) to real property on Guam that is declared excess as
a result of a base closure law; or
(5) to facilities on Guam declared excess by the managing
Federal agency for the purpose of transferring the facility to
a Federal agency that has occupied the facility for a minimum
of 2 years when the facility is declared excess together with
the minimum land or interest therein necessary to support
the facility.
(e) DUAL CLASSIFICATION PROPERTY.—If a parcel of real prop-
erty 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.
(f ) AUTHORITY TO ISSUE REGULATIONS.—The Administrator of
General Services, after consultation with the Secretary of Defense
and the Secretary of the Interior, may issue such regulations as
he deems necessary to carry out this section.
SEC. 2. COMPACT IMPACT REPORTS.
Section 104(e)(2) of Public Law 99–239 (99 Stat. 1770, 1788)
is amended by deleting ‘‘President shall report to the Congress
with respect to the impact of the Compact on the United States
territories and commonwealths and on the State of Hawaii.’’ and
inserting in lieu thereof, ‘‘Governor of any of the United States
territories or commonwealths or the State of Hawaii may report
to the Secretary of the Interior by February 1 of each year with
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respect to the impacts of the compacts of free association on the
Governor’s respective jurisdiction. The Secretary of the Interior
shall review and forward any such reports to the Congress with
the comments of the Administration. The Secretary of the Interior
shall, either directly or, subject to available technical assistance
funds, through a grant to the affected jurisdiction, provide for
a census of Micronesians at intervals no greater than 5 years
from each decennial United States census using generally acceptable
statistical methodologies for each of the impact jurisdictions where
the Governor requests such assistance, except that the total
expenditures to carry out this sentence may not exceed $300,000
in any year.’’.
SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS
OF FREE ASSOCIATION.
(a) The freely associated states of the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of
Palau, respectively, and citizens thereof, shall remain eligible for
all Federal programs, grant assistance, and services of the United
States, to the extent that such programs, grant assistance, and
services are provided to States and local governments of the United
States and residents of such States, for which a freely associated
State or its citizens were eligible on October 1, 1999. This eligibility
shall continue through the period of negotiations referred to in
section 231 of the Compact of Free Association with the Republic
of the Marshall Islands and the Federated States of Micronesia,
approved in Public Law 99–239, and during consideration by the
Congress of legislation submitted by an Executive branch agency
as a result of such negotiations.
(b) Section 214(a) of the Housing Community Development
Act of 1980 (42 U.S.C. 1436a(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(7) an alien who is lawfully resident in the United States
and its territories and possessions under section 141 of the
Compacts of Free Association between the Government of the
United States and the Governments of the Marshall Islands,
the Federated States of Micronesia (48 U.S.C. 1901 note) and
Palau (48 U.S.C. 1931 note) while the applicable section is
in effect: Provided, That, within Guam any such alien shall
not be entitled to a preference in receiving assistance under
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this Act over any United States citizen or national resident
therein who is otherwise eligible for such assistance.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.