[Pages H9068-H9074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ALASKA NATIVE CLAIMS SETTLEMENT AMENDMENT

Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
take from the Speaker's table the bill (H.R. 402) to amend the Alaska
Native Claims Settlement Act, and for other purposes, with a Senate
amendment thereto, and concur in the Senate amendment.
The Clerk read as follows:

Senate amendment:
Strike out all after the enacting clause and insert:
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 entitlement 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,
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 corporation 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 enactment of this paragraph. Effective upon
the date of enactment 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 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 appropriate
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 decision 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
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 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 portion of the mining claim
so conveyed.''.

SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS
SUBSTANCE 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

``Sec. 40. (a) As used in this section the term
`contaminant' 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 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
practicable 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,
identification of structures known to have asbestos 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
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 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 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 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 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 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 Conservation Act (94 Stat. 2375).
(3) Recommendations for any additional legislation that the
Secretary concludes is necessary.
(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, 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 January 1, 1976
made pursuant to the methodology used to establish the
Remaining Obligation Entitlement in the Memorandum of
Understanding 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 acceptance of the property bidding credits by Cook Inlet
Region, Incorporated, 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

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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 subsidiaries in any and all claims arising from asbestos
or any contamination 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
Corporation. 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 by virtue of acquiring
title from the State of Alaska or from the United 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.

SEC. 110. 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
enactment 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 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 Government.
(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 ``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 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.--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--
(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 Government.
(B) The lost use of lands described in subparagraph (A).
(2)(A) Except as provided in subparagraph (B), the
determinations of value made under this subsection 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 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
subparagraphs (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
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 determine the value of certain lands pursuant to
this 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
subparagraph, 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 preliminary
copy of the appraisal;
(iii) the Chairman shall have a reasonable and sufficient
opportunity to comment on the preliminary copy of the
appraisal; and
(iv) the Secretary shall give consideration to the comments
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
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
Secretary 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
paragraph (1) may not be less than the value of the lands
retained by the Federal 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 carried out, or any other date
determined by the Secretary, 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 conveyance occurs, or any other date
determined by the Secretary, with the concurrence of the
Chairman.
(5) Federal lands for exchange.--(A) Subject to
subparagraphs (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 carrying out this Act, the head of an agency may
transfer to the Department of the Interior, without
reimbursement, jurisdiction and control over any lands and
any structures that the Secretary determines to be suitable
for conveyance to the Department of Hawaiian Home Lands
pursuant to an exchange conducted 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 paragraph
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 Home Commission Act.
(2) Subsequent exchange of lands.--Notwithstanding any
other provision of law, lands conveyed 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 Chairman is authorized to sell such land under
terms and conditions that

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are in the best interest of the beneficiaries. 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--
(1) consult with the beneficiaries and organizations
representing the beneficiaries; and
(2) report to such organizations on a regular basis
concerning 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
Department 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 Department pursuant to an exchange made under
this section prior to the conveyance 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 Administrator of
General 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 Standards
for Federal Land Acquisition developed by the Interagency
Land Acquisition Conference, or such other standard as the
Chairman agrees to.
(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 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 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 subsection (a)(1)(B).
(7) Real property not subject to recoupment.--
Notwithstanding 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
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 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
after receiving the materials required to be submitted by the
Chairman 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
subsection (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;
(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
approving 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
disapprove the proposed exchange.
(2) Notification.--The Secretary shall notify the Chairman,
the Committee on Energy and Natural Resources of the Senate,
and the Committee on Resources of the House of
Representatives 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.--
(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 concerning 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 ``Survey
Needs for the Hawaiian Home Lands'', issued by the Bureau of
Land Management of the Department of the Interior, and dated
July 1991.
(2) Other surveys.--The Secretary is authorized to conduct
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
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 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

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Interior and other Federal agencies that will promote homesteading
opportunities, 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 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 determination with respect to each claim referred to
in subsection (a), whether, on the basis of legal and
equitable considerations, compensation 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
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 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 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 determination of value established under
section 203(a)(1)(B) by such amount.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska [Mr. Young] will be recognized for 20 minutes, and the gentleman
from Hawaii [Mr. Abercrombie] will be recognized for 20 minutes.
The Chair recognizes the gentleman from Alaska [Mr. Young].
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R.
402, as amended in the Senate. This bill is the result of a 2\1/2\-year
effort of the Alaska Federation of Natives, the State of Alaska, the
administration, and my ranking minority member, Mr. Miller, and I thank
them for their dedication and hard work. Sections 101 and 107 of title
I of this bill have already passed the House in previous Congresses but
were not acted on by the Senate.
H.R. 402 makes several technical changes to the Alaska Native Claims
Settlement Act of 1971 [ANCSA] and the Alaska National Interests Land
Conservation Act to address some of the unresolved land issues which
have arisen since the passage of these Acts. This bill also adds a new
title to address the issue of Hawaiian Home Lands.
Title I includes specific land conveyances to Native corporations,
the clarification of mining authority and administration of mining
claims on lands conveyed to Native corporations, an authorization for
technical assistance to Native villages to help with land reconveyances
required under ANCSA, a report on Vietnam-era veterans who were
eligible but did not receive land under the Native Allotment Act of May
17, 1906, the confirmation of Woody Island, AK, as an eligible Alaska
Native village under ANCSA and further clarification regarding the
application of section 7(i) of the ANCSA revenue sharing provision to
Alaska Native Regional corporations.
Title II authorizes the Secretary of the Interior to begin the
negotiation process for 1,400 acres of Federal lands to be conveyed to
the Department of Hawaiian Home Lands in exchange for Hawaiian Home
Lands retained by the Federal Government and for compensation for lost
use of these lands. This is an authorization only to establish a
process for the exchange of lands as authorized in the Hawaiian Home
Lands Recovery Act.
Mr. Speaker, all these provisions are long awaited, by both my Alaska
Native constituency and the Hawaiian Native constituency to resolve
some of the land disputes in the respective Native homelands and
States.
I want to thank Chairman Kasich and his staff for their thorough
review of this bill in a short period of time and their cooperation in
scheduling this bill on today's program.
Mr. Speaker, I would suggest respectfully that one of the most
frustrating things I have in this profession of mine is when I have
people come to me and suggest ``we should have been notified.'' This
bill has been on the burner for a long, long time, and the Senate
provision for the Hawaiian homelands has been passed by the Senate
many, many months ago. Now people are raising some questions, I want to
suggest redundantly. I think those questions are moot, and should not
be answered at this time because they are not germane to the subject we
are discussing today.
Mr. Speaker, I urge my colleagues to support this measure.
Mr. Speaker, I reserve the balance of my time.
(Mr. ABERCROMBIE asked and was given permission to revise and extend
his remarks.)
Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to say to my good friend from Alaska [Mr.
Young] that I very much appreciate the remarks that he has made. Unless
I misunderstood him, I think that some of the objections being raised
are moot, rather than mute. Unfortunately, very few of the activities
and actions on this floor take place in a mute situation. We may wish
for more of that before we are through.
Unfortunately the gentleman from Alaska [Mr. Young] has probably
missed the general tenor of my remarks in the last minute or so,
because he is otherwise preoccupied. I hope he will, however, be able
to take note of the fact that I rise in support of the legislation
which passed the House without controversy on March 14 of this year.
That bill was the product, as the gentleman from Alaska [Mr. Young] has
noted, of a lengthy process and negotiation between the Department of
the Interior, the State of Alaska, and the Alaska Federation of Natives
and other interested parties, one of whom obviously, of course, is the
State of Hawaii.
It was substantially the same as legislation passed in the last
Congress, and it dealt with a number of matters of importance to native
Alaskans and to native Hawaiians.
However, Mr. Speaker, the bill before us today has been amended by
the other body and can no longer be described as legislation that
resembled that which I previously noted. To be clear, the Department of
the Interior has certain concerns about some of the provisions added by
the other body.
In this case, however, I defer to the judgment of the gentleman from
Alaska [Mr. Young] as to what is in the best interests of the Alaskan
natives. I would hope, Mr. Speaker, that our colleagues would do that
for the gentleman from Alaska [Mr. Young] and myself. I urge my
colleagues to support the bill.
Mr. Speaker, I want to say in addition how much I appreciate the
concerns and the attention paid by the gentleman from Alaska [Mr.
Young] and the Committee on Resources staff to this bill. The gentleman
is quite correct that this has taken actually years to get through.
Some sections of it have been months in the making. Hearings have been
held.
I think that it is fair to say that this has been acted on in a
bipartisan way, based on the merits rather than on some of the fears
and anxieties that might otherwise have attended this bill.
Mr. Speaker, I do hope that our colleagues will recognize that this
bill has been put together on the basis of good will and good faith,
and that the matters to be dealt with in the bill have long since
passed the point of reasonable time to have them resolved.
Mr. Speaker, I rise in strong support of title II, the Hawaiian Home
Lands Recovery Act, contained in H.R. 402, the Alaska Native Claims
Settlement Act. The Hawaiian Home Lands Recovery Act demonstrates a
good faith effort by the Federal Government regarding the settlement of
claims by the Department

[[Page H 9072]]
of Hawaiian Home Lands. In simpler terms, this is a land exchange bill
from the Federal Government to the Department of Hawaiian Home Lands to
make the covenant whole in regards to the set aside of lands
established under the Hawaiian Homes Commission Act.
Over 70 years have elapsed since Congress passed the Hawaiian Homes
Commission Act of 1920 [HHCA]. Under the HHCA approximately 203,500
acres of public land was set aside for the ``rehabilitation'' of Native
Hawaiians through a Government-sponsored homesteading project. Two
major factors prompted Congress to pass the HHCA. First, the Native
Hawaiians were a dying race. Population data showed that the number of
full-blooded Hawaiians in the territory had decreased from an 1826
estimate of 142,650 to 22,600 in 1919. Second, Congress saw that
previous systems of land distribution were ineffective when judged
practically by the benefits accruing to Native Hawaiians.
The HHCA was originally intended for rural homesteading, i.e., for
Native Hawaiians to leave urban areas and return to the lands to become
subsistence or commercial farmers and ranchers. Yet, the demand of
Native Hawaiians for residential house lots has far exceeded the demand
for agricultural or pastoral lots.
Since the State of Hawaii essentially assumed the duties of
management and disposition of the Hawaiian home lands under the
Statehood Admission Act, why would an action be considered a Federal
breach?
Federal--because (1) these wrongful actions took place prior to
statehood, in a time period when Hawaii was under Federal jurisdiction,
and in which title to the land was held by the U.S. Government; or, (2)
are continuing wrongful actions for which the Federal Government is
responsible and only the Federal Government can remedy.
Breach--because the wrongful actions are breaches of responsibility
under statute, by judicial or legislative findings, through trust law,
or moral obligations. Alienation of land, and use of the land for
purposes that are not authorized under the HHCA constitute breaches of
the trust. There are numerous examples of these breaches in the
territorial period. 1,400 acres of identified Hawaiian home lands.
The Hawaiian Home Lands Recovery Act seeks to redress this issue by
authorizing the transfer of Federal lands to the Department of Hawaiian
Home Lands in exchange for Hawaiian home lands retained by the Federal
Government. Although the term ``exchange'' is used in this legislation,
there is no expectation that DHHL will relinquish land to the Federal
Government. DHHL need only relinquish any remaining claim it may have
to former home lands now controlled by the Federal Government. The bill
would also provide compensation for lost use of Hawaiian home lands
controlled by the Federal Government.
In advance of land being conveyed to the Department of Hawaiian Home
Lands under sections 203(b) and 203(f) of the bill, the Secretary of
the Interior is required to determine the value of lands currently
controlled by the Federal Government that were designated as available
lands under the Hawaiian Homes Commission Act. It is important to note
that section 203(a)(1)(A)(i) states that this determination is to be
made based upon the HHCA, as enacted. Thus, the valuation shall include
lands designated as home lands under the 1920 Act that are not
currently part of the home land inventory, whether the withdrawal
occurred as a result of executive action, or through an act of
Congress. The Secretary is also required to determine the value of the
lost use of lands currently controlled by the Federal Government so
that this, too, can be compensated.
The valuation required by the legislation is not intended to be a
unilateral action by the Secretary. On the contrary, section
203(a)(2)(A) requires the use of a valuation method that is acceptable
to the Chairman of the Department of Hawaiian Home Lands and, most
importantly, is in the best interests of the beneficiaries. These two
conditions exist regardless of whether the Secretary uses an appraisal
or non-appraisal method of valuation. Section 203(a)(2)(A) requires the
Secretary to be an advocate for the best interests of Hawaiian home
beneficiaries in reaching a determination of value. Thus the Secretary
has a fiduciary responsibility for seeing to it that the beneficiaries
receive the maximum possible compensation.
Under section 203(a), the Secretary need not determine the value of
land and lost use by appraisal. The committee included a provision
allowing valuation by a method other than appraisal in order to promote
a speedy resolution of this longstanding conflict. The committee
considers valuation by mutual agreement to be far preferable to the
burdensome process of appraisal. During our hearings on this
legislation, the Senate Energy and Natural Resources Committee was
advised that the State of Hawaii had appraised most of the Federal
properties in question. The GAO, in their report to the committee,
analyzed the State appraisals and found the appraisal methodology used
by the State was appropriate and that proper accounting principles were
employed. The State appraisals therefore supplant the need for a
separate appraisal by the Department of the Interior.
In the unfortunate event that the Interior Department decides to
proceed with an appraisal, a number of specific safeguards have been
instituted to ensure that the Department properly discharges its
fiduciary responsibility to protect the interests of the Hawaiian home
beneficiaries. These include a guarantee that the chairman of the
Department of Hawaiian Home Lands shall have the opportunity to present
evidence of the value of the home lands that were lost as well as the
value of the lost use of these lands, the right to review and comment
on a preliminary copy of the appraisal, and most importantly, the
requirement that the Secretary give full consideration of the evidence
of value presented by DHHL. Given the responsibility under section
203(a)(2)(A) that the Secretary represent the best interests of the
beneficiaries, the requirement in section 203(a)(4)(B) is not
ephemeral. When construed together, these provisions require the
Secretary to give great weight to the recommendations of the DHHL on
matters of value, especially if the interests of home land
beneficiaries would be advanced by doing so.
In addition to all these protections, the Chairman of the Department
of Hawaiian Home Lands has the right to dispute the determinations of
value for land and lost use. Thus it is unmistakably clear that the
Secretary and the chairman of DHHL must mutually consent to the values
to be determined under section 203 of the bill.
Section 203(b) authorizes the conveyance of land to the Department of
Hawaiian Home Lands as compensation for lost lands, and the lost use of
home lands retained by the Federal Government. This section further
authorizes the head of any Federal agency to transfer land and
structures to the Secretary of the Interior for subsequent conveyance
to DHHL. I want to contrast the two-step conveyance process described
in section 203(b)(5) with the authority for the General Services
Administration or the Department of Defense to convey property directly
to DHHL under Section 203(f)(6) of the bill. A section 203(f)(6)
conveyance would be a direct transfer of title, without intervention by
the Department of the Interior, whereas the Interior Department would
act as a transfer agent for conveyances executed under section
203(b)(5). Let me point out, however, that although jurisdiction and
control of land would be transferred to the Interior Department under a
section 203(b)(5) conveyance, the Interior Department's responsibility
in completing the transfer is nothing more than a ministerial function.
In this case the agency serves as a conduit for consummating the
transfer of title to the DHHL.
Section 203(f) of the bill establishes a second means of conveying
lands to the Department of Hawaiian Home Lands by allowing DHHL to
obtain lands that are excess to the needs of individual Federal
agencies. Subsection (f) places the Department of Hawaiian Home Lands
in the same, or better, status as a Federal agency for the purpose of
being notified of excess property and for obtaining the property from
the excessing agency. Under no circumstances should the land that has
been selected by the Chairman for appraisal under section 203(f)(2),
and possible conveyance under section 203(f)(5), be transferred or
otherwise disposed of by any Federal agency until the opportunity of
the DHHL to obtain the land has expired.
Finally, let me comment on section 207 of the bill. This section
establishes a cost sharing for Bureau of Reclamation projects on
Hawaiian home lands that is the same as the cost sharing authorized for
projects on Indian lands.
Mr. Speaker, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume
to the gentleman from Colorado [Mr. Hefley].
Mr. HEFLEY. Mr. Speaker, I rise to express concern to H.R. 402, the
Alaska Native Claims Settlement Act Amendments. I do so reluctantly and
for reasons that have nothing to do with the underlying measure which
has already passed the House.
Title I of H.R. 402, concerning the settlement of Alaskan Native
claims, is legislation which deserves the support of the House. My
qualms about this legislation reside wholly in title II which was added
by the Senate.
Title II of the bill, the Hawaiian Home Lands Recovery Act, raises a
number of issues that have not been adequately addressed here in the
House. The legislation proposes to establish a system to resolve
Hawaiian native claims against the Federal Government in disputes over
lands which

[[Page H 9073]]
were allegedly diverted during territorial times from a Federal
homesteading program for native Hawaiians to military use by the United
States. As the chairman of the Subcommittee on Military Installations
and Facilities, I have a number of serious questions about the
legislation sent to the House by the Senate.
My two principal concerns involve the conflict between this
legislation and the disposal process put into place for excess military
property under the base closure and realignment process and the
possible effects of title II on the operational requirements for the
Armed Forces in Hawaii. I'm concerned that the reuse and disposal of
excess property at Naval Air Station Barbers Point will be seriously
disrupted by this bill. Title II also holds open the prospect that the
Department of Defense, particularly the Navy, could be evicted from
certain lands essential for the continued performance of the
Department's national defense mission merely to satisfy land claims of
possibly dubious merit.
Mr. Speaker, it is my understanding that the Department of Defense
and the Department of the Navy have expressed grave concern about the
enactment of title II of H.R. 402. The Department may have legitimate
concerns or the Department may be overreacting. We don't know because
there have been no hearings on title II of which I am aware. In my
view, we should have a better understanding of the implications of
running with the Senate amendment before proceeding.
I would prefer sending this bill back to the Senate without title II.
That would allow the underlying measure concerning Alaskan Native
claims to proceed, but would also allow us some time to take a look at
the Senate amendment.

{time} 1545

Mr. ABERCROMBIE. Mr. Speaker, will the gentleman yield?
Mr. HEFLEY. I yield to the gentleman from Hawaii.
Mr. ABERCROMBIE. Mr. Speaker, I recognize the concerns of the
gentleman from Colorado [Mr. Hefley] and telephoned him earlier today
when I became aware of the mirrors that had been raised this late in
the game. I did not see the particular memorandum to which he referred
in much of his remarks until just about an hour or less than an hour
before these proceedings.
I can assure the gentleman as well as the gentleman from Alaska [Mr.
Young], that, had I been aware of some of these presumed objections
earlier, I certainly would have brought to everyone's attention.
The fact is, if the gentleman will allow me just a few moments to go
over the history very quickly here, this particular section in title II
has been before the Congress for 15 months now. Apparently the
Department of Defense discovered it in August of this year. That may be
more of a reflection on the capabilities of the Department of Defense
to get its work done than it is on the deliberative processes in either
body in our national legislature.
I regret to say, Mr. Speaker, that the memorandum prepared for Mr.
Mark Wagner, the Assistant Secretary for Defense Economic Security,
whatever that is, on the subject of the Department of Hawaiian Home
Lands, dated August 7, 1995, was written by a deputy, which amounts to,
I am afraid, a series of editorial comments having no factual basis in
the legislation. It is a little bit difficult to respond to what
amounts to ad hominem commentary, but I will do my best to do that.

Mr. Speaker, there is also another memo dated August 29 of this year
from the Department of Defense to the Office of Management and Budget
which goes to several points. It states, and I want to indicate this to
the gentleman from Alaska [Mr. Young] and to the gentleman from
Colorado [Mr. Hefley], that the Department is not discussing the merits
of the claims in the memo, which I find extraordinary. If it is not
discussing the merits of the claims, why is it discussing it at all?
I will repeat that. The Department is not discussing the merits of
the claims. The claims go to two or three points that the gentleman
from Colorado [Mr. Hefley] correctly raised as a result of receiving
these memos.
The applicability of property at military installations closed or
realigned pursuant to the base closure law, potential displacement from
property essential for the performance of mission, and creation of
special appraisal standards.
I can assure the gentleman, and I am sure the gentleman from Alaska
[Mr. Young] will in turn assure the gentleman, that the legislation as
written in 402 and in section 2 does not in any way obviate any of
those purposes of the base closure law or any performance of mission,
nor anything having to do with special appraisal standards. The
comments are entirely editorial in nature and amount to ad hominem
commentary.
I can, if the gentleman from Alaska [Mr. Young] desires it or the
gentleman from Colorado [Mr. Hefley] desires it, submit in detail for
the record or say it now on the floor point by point with a refutation,
if you will, of these concerns. I can assure the gentlemen it is
neither the intent of the legislation nor is the content of the
language so far as I am able to determine, that any of these concerns
are anything other than editorial abstractions.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to add to the comments of the gentleman
from Hawaii.
I understand the concern of the gentleman from Colorado. In my
opening statement I mentioned that I was very concerned. This is not a
new issue. I was, first, not notified by the Navy nor the national
security branch that, so when I did find out that this possibly
occurred, I contacted not only the two senior Senators from Hawaii, I
also contacted by senior Senator from Alaska.
I know I am not supposed to mention the other body. They said there
was no problem. They had had the review and decided that these concerns
were unwarranted. So I am still a little bit concerned that the Navy,
after 15 months, now would editorialize and throw up this sort of
smokescreen, if I may call it. Really what it means is they just do not
want to get rid of anything they have, even though it is for a
legitimate reason and a legitimate right, and to have justice served,
this provision should be adopted.
It bothers me because, if this is a brandnew issue, it has been
sprung on the House, it would be a different story. It was not sprung
on the House. This has been around for a long, long time. We hear
Friday now that these things may occur which, as was said before, there
is no documentation, in fact backing up their premise.
So I am urging my Members to reject the argument from the Navy
because I think they are flat wrong.
Mr. ABERCROMBIE. Mr. Speaker, will the gentleman yield?
Mr. YOUNG of Alaska. I yield to the gentleman from Hawaii.
Mr. ABERCROMBIE. Mr. Speaker, I hope the gentleman agrees with me
that perhaps there is not even an argument being made so much as
questions being raised. To that degree, if I may be granted just a
moment or two more both for the benefit of our colleagues, the
committee, and for the gentleman from Colorado [Mr. Hefley], with whom
I have worked very, very closely and for whom I have great respect. If
the gentleman will just give me a moment, I will state for the record
so that it is explicit, Mr. Speaker.
With respect to H.R. 402 and the base closure, commonly known as the
BRAC, all the decisions to close and realign bases in Hawaii or
elsewhere will continue to stand and will not be affected by this
legislation.
With respect to the Barbers Point situation, Barbers Point Naval Air
Station, which is the most recent base closure report proposed,
proposed by the BRAC Commission, a modification to the previous base
closure decision, H.R. 402 will not interfere with that decision to
implement the modified closure decision at Barbers Point.
On the base reuse and local reuse issue, which was raised, on the
question of title II of H.R. 402 and affecting the reuse of Hawaii
military bases or any other bases under the BRAC by the local reuse
committees, let me make the following points: the bill contains a very
tight restriction on the ability of the Department of Hawaiian Home
Lands to obtain base closure properties in order to secure a favorable
CBO scoring of the bill. The legislation excludes--and this is for
everything in

[[Page H 9074]]
the legislation, not just title II, as the gentleman from Alaska [Mr.
Young] knows--the legislation excludes any Federal lands that would
generate income or would be expected to generate income for the Federal
Government.
This restriction appears in the bill in three separate instances and
represents a major hurdle for the acquisition of base closure property
by anybody in those circumstances, including Hawaiian homeland.
Second, I pointed out that the CBO and the Department of Defense
expect that any reuse of the Barbers Point land would generate income
for the Federal Government. I should also note that Barbers Point is
the only site in Hawaii that is eligible for reuse under the base
closure process. Given the fact that no lands that could generate
revenue for the Federal Government would be eligible for
acquisition under this bill, a transfer of Barbers Point land to the
Department of Hawaiian Home Lands does not appear to be a question.

Finally, I understand the Department of Defense has raised a concern
that H.R. 402 might disadvantage the interests of base reuse committees
in Hawaii. Let me reassure my colleagues, there is no legislative
language to that effect, nor no intent to that effect or in this
regard. This concern is without substance.
As I pointed out earlier, we have a rather unique situation at the
Barbers Point Naval Air Station in which the most recent base closure
report proposal had a modification to the previous base closure
decision.
I will tell the Members what that modification is. It is to ensure
that the Navy keeps the beaches, the recreational beaches. I have an
idea, Mr. Speaker and Mr. Hefley, that this whole thing has been
generated because there they are afraid that possibly some objections
might be raised that the beaches in and the cottages attendant to the
beaches might somehow fall into the hands of the Hawaiian people.
I will state for the record here that I voted for the Base Closure
Commission report, the modified report, in which it says the two
beaches--and I can name the beaches for you, I have them here, Nimitz
Beach and White Plains Beach, beach recreational areas. That is the
modification, to retain them, that they will be in there.
All I am asking for is access to them. I am perfectly content to have
the Navy retain the beaches in Hawaii as vital to the necessary
strategic military importance of the United States in the Pacific. But
to have an entire bill that has been worked out in good faith on a
bipartisan basis for the better part of 2\1/2\ years, to be objected to
at this point or subject to some kind of scrutiny other than on the
basis of the merits, seems to be outrageous.
The Navy can have the beaches. Can we please have the bill?
That was a rhetorical pause. Maybe we could exchange beaches, Mr.
Speaker, for some beaches in Alaska, perhaps above the Arctic Circle.
Do you think they would be interested in that exchange?
Mr. YOUNG of Alaska. Mr. Speaker, I am confident the Navy would not
be interested in beaches in Alaska.
Mr. Speaker, I again stress for my colleagues to vote for this
legislation. It is long overdue.
I am very concerned, as the gentleman from Hawaii has mentioned, that
at this late date that these questions might arise. It is an example, I
think, of some incompetency down in the department, and I say that with
some reservation in the sense I cannot blame everybody, maybe just one
enthusiastic individual. I know Secretary Dalton has been talked to. I
had hoped that there would be a total turndown of this and I expect
that before we do vote on this legislation, if we vote on this
legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, in 1921 Congress enacted the Hawaiian
Homes Commission Act to preserve and protect a way of life for native
people on the Islands of Hawaii. The act put aside approximately
200,000 acres of land for the exclusive use and benefit of native
Hawaiians. The purpose was to use these lands as a homesteading program
to return native Hawaiians to their lands.
Unfortunately, the program was destined to fail from the outset.
Between 1921 and 1959 when Hawaii became a State, the program was
administered by the Federal Government through a succession of
territorial Governors. During Federal control, large portions of the
lands were withdrawn. All the best and most productive lands were
taken, leaving mostly marginal lands which couldn't support housing or
agriculture. The native Hawaiian community received no benefit from the
lands taken.
In 1984 much of the land was returned but the Federal Government both
continued to retain the best lands and provided no compensation for
lost use.
Title II of H.R. 402 sets up a process whereby the Federal Government
can exchange Federal lands within the State of Hawaii as a means of
settling claims against the United States. The Secretary of the
Interior would also be authorized to convey lands to the Department of
Hawaiian Home Lands as compensation for lost use of those lands.
To be honest, I wish this bill went further and demanded back the
valuable lands stolen from the native Hawaiians against the directive
of the Congress. However, I defer to the wisdom of the only native
Hawaiian to serve in the U.S. Senate, my good friend the Senator of
Hawaii who authored this legislation. I also want to commend my
colleagues Mr. Abercrombie and Mrs. Mink for their efforts in moving
this legislation.
I urge my colleagues to support this bill.
Mr. ABERCROMBIE. Mr. Speaker, I yield back the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I urge passage of this very
important legislation for the good of all.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Foley). The question is on the motion
offered by the gentleman from Alaska [Mr. Young] that the House suspend
the rules and concur in the Senate amendment to H.R. 402.
The question was taken.
Mr. RICHARDSON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________