Hawaiian Home Lands Recovery Act
PL 104-42 (H.R.402), enacted 11/02/1995

PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 353 
Nov. 2, 1995 
[H.R. 402] 
Public Law 104-42 
104th Congress 
An Act 
To amend the Alaska Native Claims Settlement Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
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 Montana 
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 agreement 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 entitle-
ment and shall not be entitled to receive any additional 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 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 for any 
claim to land or money by the Caswell or Montana Creek group 
corporations or any other Alaska Native Corporation against the 
State of Alaska, the United States, or Cook Inlet Region, Incor-
porated. 
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 corporation pursuant to 
this Act which are made subject to a mining claim or claims 
located under the general mining laws, including lands con-
veyed prior to enactment of this paragraph. Effective upon Effective date, 
the date of enactment of this paragraph, the Secretary, acting 
through the Bureau of Land Management and in a manner 
109 STAT. 354 
PUBLIC LAW 104-42—NOV. 2, 1995 
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 
43 use I629f. 
"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. 
Reports. 
"(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-
PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 355 
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 143 l(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. 
109 STAT. 356 
PUBLIC LAW 104-42—NOV. 2, 1995 
(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 
PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 357 
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 Grovemment. 
(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.—^^rhe 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 Grovemment 
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: 
Effective date. 
Hawaiian Home 
Lands Recovery 
Act. 
48 use note 
prec. 491. 
109 STAT. 358 
PUBLIC LAW 104-42—NOV. 2, 1995 
(A) Lands under the control of the Federal Grovemment 
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 Grovernment. 
(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 carr3dng 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 
tlis 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 
PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 359 
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 Gtovernment 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 Depar1;ment 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 anj-^ 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. 
109 STAT. 360 
PUBLIC LAW 104-42—NOV. 2, 1995 
(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.— 
Notification. 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary of Defense and the Administrator of Gteneral 
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. 
PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 361 
(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 COMJiIISSION 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 
Notification. 
Eifter 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; 
109 STAT. 362 
PUBLIC LAW 104-42—NOV. 2, 1995 
Reports. 
Reports. 
Notification. 
(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.— 
PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 363 
(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 199 L 
(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. 
109 STAT. 364 
PUBLIC LAW 104-42—NOV. 2, 1995 
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 
PUBLIC LAW 104-42—NOV. 2, 1995 
109 STAT. 365 
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. 
Approved November 2, 1995. 
LEGISLATIVE HISTORY—H.R. 402: 
HOUSE REPORTS: No. 104-73 (Comm. on Resources). 
SENATE REPORTS: No. 104-119 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
Mar. 14, considered and passed House. 
Aug. 3, considered and passed Senate, amended. 
Sept. 18, 19, House considered and concurred in Senate amendment.