Guam Omnibus Opportunities Act
PL 106-504 (H.R.2462), enacted 11/13/2000

PUBLIC LAW 106-504—NOV. 13, 2000 
114 STAT. 2309 
Public Law 106-504 
106th Congress 
An Act 
To amend the Organic Act of Guam, and for other purposes. 
Nov. 13, 2000 
[H.R. 2462] 
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 
40 USC 483 note. 
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 Grovemment of Guam that the property is available 
for transfer pursuant to this section. 
(2) If the Government of Guam, within 180 days after receiving Deadhne. 
notification under paragraph (1), notifies the Administrator that 
Notification. 
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 
Pubhc Law 100-77 (42 U.S.C. 11411). 
(c) DEFINITIONS.—^For the purposes of this section: 
114 STAT. 2310 
PUBLIC LAW 106-504—NOV. 13, 2000 
Deadlines. 
Notification. 
Reports. 
(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 (PubHc 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 
PUBLIC LAW 106-504—NOV. 13, 2000 
114 STAT. 2311 
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. 
48 USC 1904. 
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 
114 STAT. 2312 
PUBLIC LAW 106-504—NOV. 13, 2000 
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.". 
48 use 1901 
SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS 
note. 
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) lay 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 
PUBLIC LAW 106-504—NOV. 13, 2000 
114 STAT. 2313 
this Act over any United States citizen or national resident 
therein who is otherwise ehgible for such assistance.". 
Approved November 13, 2000. 
LEGISLATIVE HISTORY—H.R. 2462: 
HOUSE REPORTS: No. 106-787 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
July 25, considered and passed House. 
Oct. 24, considered and passed Senate, amended. 
Oct. 31, House concurred in Senate amendment.