Home > 106th Congressional Bills > H.R. 2462 (ih) To amend the Organic Act of Guam, and for other purposes. [Introduced in House] ...

H.R. 2462 (ih) To amend the Organic Act of Guam, and for other purposes. [Introduced in House] ...


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        H.R.2462

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
        To amend the Organic Act of Guam, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS 
              REAL PROPERTY IN GUAM.

    (a) Transfer of Excess Real Property.--(1) Except as provided in 
subsection (d), before screening excess real property located on Guam 
for further Federal utilization under section 202 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.) (hereinafter the ``Property Act''), the Administrator shall 
notify the Government of Guam that the property is available for 
transfer pursuant to this section.
    (2) If the Government of Guam, within 180 days after receiving 
notification under paragraph (1), notifies the Administrator that the 
Government of Guam intends to acquire the property under this section, 
the Administrator shall transfer such property in accordance with 
subsection (b). Otherwise, the property shall be screened for further 
Federal use and then, if there is no other Federal use, shall be 
disposed of in accordance with the Property Act.
    (b) Conditions of Transfer.--(1) Any transfer of excess real 
property to the Government of Guam may be only for a public purpose and 
shall be without further consideration.
    (2) All transfers of excess real property to the Government of Guam 
shall be subject to such restrictive covenants as the Administrator, in 
consultation with the Secretary of Defense, in the case of property 
reported excess by a military department, determines to be necessary to 
ensure that: (A) the use of the property is compatible with continued 
military activities on Guam; (B) the use of the property is consistent 
with the environmental condition of the property; (C) access is 
available to the United States to conduct any additional environmental 
remediation or monitoring that may be required; (D) the property is 
used only for a public purpose and can not be converted to any other 
use; and (E) to the extent that facilities on the property have been 
occupied and used by another Federal agency for a minimum of 2 years, 
that the transfer to the Government of Guam is subject to the terms and 
conditions for such use and occupancy.
    (3) All transfers of excess real property to the Government of Guam 
are subject to all otherwise applicable Federal laws, except section 
2696 of title 10, United States Code, or section 501 of Public Law 100-
77 (42 U.S.C. 11411).
    (c) Definitions.--For the purposes of this section:
        (1) The term ``Administrator'' means--
            (A) the Administrator of General Services; or
            (B) the head of any Federal agency with the authority to 
        dispose of excess real property on Guam.
        (2) The term ``base closure law'' means the Defense 
    Authorization Amendments and Base Closure and Realignment Act of 
    1988 (Public Law 100-526), the Defense Base Closure and Realignment 
    Act of 1990 (Public Law 101-510), or similar base closure 
    authority.
        (3) The term ``excess real property'' means excess property (as 
    that term is defined in section 3 of the Property Act) that is real 
    property and was acquired by the United States prior to the 
    enactment of this section.
        (4) The term ``Guam National Wildlife Refuge'' includes those 
    lands within the refuge overlay under the jurisdiction of the 
    Department of Defense, identified as DoD lands in figure 3, on page 
    74, and as submerged lands in figure 7, on page 78 of the ``Final 
    Environmental Assessment for the Proposed Guam National Wildlife 
    Refuge, Territory of Guam, July 1993'' to the extent that the 
    Federal Government holds title to such lands.
        (5) The term ``public purpose'' means those public benefit 
    purposes for which the United States may dispose of property 
    pursuant to section 203 of the Property Act, as implemented by the 
    Federal Property Management Regulations (41 CFR 101-47) or the 
    specific public benefit uses set forth in section 3(c) of the Guam 
    Excess Lands Act (Public Law 103-339; 108 Stat. 3116), except that 
    such definition shall not include the transfer of land to an 
    individual or entity for private use other than on a 
    nondiscriminatory basis.
    (d) Exemptions.--Notwithstanding that such property may be excess 
real property, the provisions of this section shall not apply--
        (1) to real property on Guam that is declared excess by the 
    Department of Defense for the purpose of transferring that property 
    to the Coast Guard;
        (2) to real property on Guam that is located within the Guam 
    National Wildlife Refuge, which shall be transferred according to 
    the following procedure:
            (A) The Administrator shall notify the Government of Guam 
        and the Fish and Wildlife Service that such property 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 subparagraph 
        (A) within 180 days after notification of the declaration 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 
        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 property is under the 
        jurisdiction of a military department, the military department 
        may transfer administrative control over the property to the 
        General Services Administration 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 congressional 
        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 identifying such property;
        (3) to real property described in the Guam Excess Lands Act 
    (Public Law 103-339; 108 Stat. 3116) which shall be disposed 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 property on 
Guam that is declared excess as a result of a base closure law also 
falls within the boundary of the Guam National Wildlife Refuge, such 
parcel of property shall be disposed of in accordance with the base 
closure law.
    (f) Authority To Issue Regulations.--The Administrator of General 
Services, after consultation with the Secretary of Defense and the 
Secretary of the Interior, may issue such regulations as he deems 
necessary to carry out this section.

SEC. 2. COMPACT IMPACT REPORTS.

    Section 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is 
amended by deleting ``President shall report to the Congress with 
respect to the impact of the Compact on the United States territories 
and commonwealths and on the State of Hawaii.'' and inserting in lieu 
thereof, ``Governor of any of the United States territories or 
commonwealths or the State of Hawaii may report to the Secretary of the 
Interior by February 1 of each year with respect to the impacts of the 
compacts of free association on the Governor's respective jurisdiction. 
The Secretary of the Interior shall review and forward any such reports 
to the Congress with the comments of the Administration. The Secretary 
of the Interior shall, either directly or, subject to available 
technical assistance funds, through a grant to the affected 
jurisdiction, provide for a census of Micronesians at intervals no 
greater than 5 years from each decennial United States census using 
generally acceptable statistical methodologies for each of the impact 
jurisdictions where the Governor requests such assistance, except that 
the total expenditures to carry out this sentence may not exceed 
$300,000 in any year.''.

SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS OF FREE 
              ASSOCIATION.

    (a) The freely associated states of the Republic of the Marshall 
Islands, the Federated States of Micronesia, and the Republic of Palau, 
respectively, and citizens thereof, shall remain eligible for all 
Federal programs, grant assistance, and services of the United States, 
to the extent that such programs, grant assistance, and services are 
provided to States and local governments of the United States and 
residents of such States, for which a freely associated State or its 
citizens were eligible on October 1, 1999. This eligibility shall 
continue through the period of negotiations referred to in section 231 
of the Compact of Free Association with the Republic of the Marshall 
Islands and the Federated States of Micronesia, approved in Public Law 
99-239, and during consideration by the Congress of legislation 
submitted by an Executive branch agency as a result of such 
negotiations.
    (b) Section 214(a) of the Housing Community Development Act of 1980 
(42 U.S.C. 1436a(a)) is amended--
        (1) by striking ``or'' at the end of paragraph (5);
        (2) by striking the period at the end of paragraph (6) and 
    inserting ``; or''; and
        (3) by adding at the end the following new paragraph:
        ``(7) an alien who is lawfully resident in the United States 
    and its territories and possessions under section 141 of the 
    Compacts of Free Association between the Government of the United 
    States and the Governments of the Marshall Islands, the Federated 
    States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 
    1931 note) while the applicable section is in effect: Provided, 
    That, within Guam any such alien shall not be entitled to a 
    preference in receiving assistance under this Act over any United 
    States citizen or national resident therein who is otherwise 
    eligible for such assistance.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Pages: 1

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