§ 1165. — Disposal of Federal property on Pribilof Islands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1165]
TITLE 16--CONSERVATION
CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
SUBCHAPTER II--ADMINISTRATION OF PRIBILOF ISLANDS
Sec. 1165. Disposal of Federal property on Pribilof Islands
(a) Submission to Congress of property transfer document
Any provision of law relating to the transfer and disposal of
Federal property to the contrary notwithstanding, the Secretary, after
consultation with the Secretary of the department in which the Coast
Guard is operating, is authorized to bargain, grant, sell or otherwise
convey, on such terms as he deems to be in the best interests of the
United States and in furtherance of the purposes of this chapter, any
and all right, title, and interest of the United States in and to the
property, both real and personal, held by the Secretary on the Pribilof
Islands: Provided, That such property is specified in a document
entitled ``Transfer of Property on the Pribilof Islands: Descriptions,
Terms and Conditions,'' which is submitted to the Congress on or before
October 31, 1983.
(b) Contents of property transfer document
The property transfer document described in subsection (a) of this
section shall include, but need not be limited to--
(1) a description of each conveyance;
(2) the terms to be imposed on each conveyance;
(3) designation of the recipient of each conveyance;
(4) a statement noting acceptance of each conveyance, including
the terms, if any, under which it is accepted; and
(5) an identification of all Federal property to be retained by
the Federal Government on the Pribilof Islands to meet its
responsibilities as described in this chapter and under the
Convention.
(c) Report to Congress on conveyed and retained properties
Not later than 3 months after December 23, 2000, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of Representatives a
report that includes--
(1) a description of all property specified in the document
referred to in subsection (a) of this section that has been conveyed
under that subsection;
(2) a description of all Federal property specified in the
document referred to in subsection (a) of this section that is going
to be conveyed under that subsection; and
(3) an identification of all Federal property on the Pribilof
Islands that will be retained by the Federal Government to meet its
responsibilities under this chapter, the Convention, and any other
applicable law.
(d) Memorandum of Understanding
A Memorandum of Understanding shall be entered into by the
Secretary, a representative of the local governmental authority on each
Island, the trustee or trustees, and the appropriate officer of the
State of Alaska setting forth the respective responsibilities of the
Federal Government, the Trust, and the State regarding--
(1) application of Federal retirement benefits, severance pay,
and insurance benefits with respect to Natives of the Pribilof
Islands;
(2) funding to be allocated by the State of Alaska for the
construction of boat harbors on St. Paul and St. George Islands;
(3) assumption of the State of Alaska of traditional State
responsibilities for facilities and services on such islands in
accordance with applicable laws and regulations;
(4) preservation of wildlife resources within the Secretary's
jurisdiction;
(5) continued activities relating to the implementation of the
Convention;
(6) oversight of the operation of the Trust established by
section 1166(a) \1\ of this title to further progress toward
creation of a stable, diversified, and enduring economy not
dependent up commercial fur sealing;
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\1\ See References in Text note below.
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(7) the cooperation of government agencies, rendered through
existing programs, in assisting with an orderly transition from
Federal management and the creation of a private enterprise economy
on the Pribilof Islands as described in this chapter; and
(8) such other matters as may be necessary and appropriate for
carrying out the purposes of the chapter, including the assumption
of responsibilities to ensure an orderly transition from Federal
management of the Pribilof Islands.
The Memorandum shall be submitted to Congress on or before October 31,
1983.
(e) Taxation
The grant, sale, transfer or conveyance of any real or personal
property pursuant to this section shall not be subject to any form of
Federal, State or local taxation. The basis for computing gain or loss
on subsequent sale or disposition of such real or personal property for
purposes of any Federal, State or local tax imposed on, or measured by
revenue shall be the fair market value of such real or personal property
at the time of receipt.
(f) Agreements with governmental agencies and third parties
In carrying out the purposes of this chapter, the Secretary is
authorized to enter into agreements, including but not limited to land
exchange agreements with other Departments and Agencies of both the
State and Federal Governments, and with third parties, notwithstanding
any provision of law relating to the transfer and disposal of Federal
property to the contrary; except that the authority of the Secretary of
the Interior regarding exchanges involving lands in the National
Wildlife Refuge System on October 14, 1983, is not affected by this
section.
(Pub. L. 89-702, title II, Sec. 205, Nov. 2, 1966, 80 Stat. 1094; Pub.
L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 839; Pub. L. 106-554,
Sec. 1(a)(4) [div. B, title I, Sec. 144(e)(4)], Dec. 21, 2000, 114 Stat.
2763, 2763A-245; Pub. L. 106-562, title I, Sec. 104, Dec. 23, 2000, 114
Stat. 2796.)
Repeal of Section
Pub. L. 106-562, title I, Sec. 105(c), Dec. 23, 2000, 114 Stat.
2798, provided that, effective on the date on which the Secretary of
Commerce makes the certification described in Pub. L. 106-562,
Sec. 105(b)(2), set out in a Termination of Responsibilities note
under section 1161 of this title, this section is repealed.
Substantially identical provisions repealing this section were
contained in Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(e)(5)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A-247.
References in Text
December 23, 2000, referred to in subsec. (c), was in the original
``the date of the enactment of the Pribilof Islands Transition Act''
which was translated as referring to the date of enactment of title I of
Pub. L. 106-562. Section 1(a)(4) [div. B, title I, Sec. 144(e)] of Pub.
L. 106-554, which was approved Dec. 21, 2000, is also known as the
``Pribilof Islands Transition Act''. See Short Title of 2000 Amendments
notes under section 1151 of this title.
Section 1166(a) of this title, referred to in subsec. (d)(6), was
amended generally by Pub. L. 106-554 and Pub. L. 106-562, and, as so
amended, no longer contains provisions relating to establishment of a
Trust.
Amendments
2000--Subsec. (c). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(e)(4)(A)], and Pub. L. 106-562, Sec. 104(1), generally amended
subsec. (c) identically, substituting present provisions for provisions
which read as follows: ``Within 60 days of the transfer of real or
personal property specified in the document described in subsection (a)
of this section, the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate shall be given a report prepared by the
Secretary stating the fair market value at the time of the transfer of
all real and personal property conveyed.''
Subsec. (g). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(e)(4)(B)], and Pub. L. 106-562, Sec. 104(2), struck out subsec.
(g) which read as follows: ``The Secretary shall submit to Congress a
report, no later than October 1, 1983, providing information on the
status of the negotiations for concluding the documents described in
subsections (a) and (d) of this section.''
1983--Pub. L. 98-129 amended section generally, substituting
provisions relating to the disposal of Federal property on the Pribilof
Islands for provisions relating to the medical and dental care of
Pribilof Islands natives. See section 1164 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Pribilof Islands Environmental Cleanup
Pub. L. 104-91, Sec. 3, Jan. 6, 1996, 110 Stat. 8, as amended by
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 144(e)(5)(A)(iv),
(6)(A), (7)], Dec. 21, 2000, 114 Stat. 2763, 2763A-246, 2763A-248; Pub.
L. 106-562, title I, Secs. 105(a)(4), 106(a), 107, Dec. 23, 2000, 114
Stat. 2797, 2799, provided that:
``(a) In General.--The Secretary of Commerce shall, subject to the
availability of appropriations provided for the purposes of this
section, clean up landfills, wastes, dumps, debris, storage tanks,
property, hazardous or unsafe conditions, and contaminants, including
petroleum products and their derivatives, left by the National Oceanic
and Atmospheric Administration on lands which it and its predecessor
agencies abandoned, quitclaimed, or otherwise transferred or are
obligated to transfer, to local entities or residents on the Pribilof
Islands, Alaska, pursuant to the Fur Seal Act of 1966 (16 U.S.C. 1151 et
seq.), as amended, or other applicable law.
``(b) Obligations of Secretary.--In carrying out cleanup activities
under subsection (a), the Secretary of Commerce shall--
``(1) to the maximum extent practicable, execute agreements with
the State of Alaska, and affected local governments, entities, and
residents eligible to receive conveyance of lands under the Fur Seal
Act of 1966 (16 U.S.C. 1161 et seq.) [16 U.S.C. 1151 et seq.] or
other applicable law;
``(2) manage such activities with the minimum possible overhead,
delay, and duplication of State and local planning and design work;
``(3) receive approval from the State of Alaska for agreements
described in paragraph (1) where such activities are required by
State law;
``(4) receive approval from affected local entities or residents
before conducting such activities on their property; and
``(5) not seek or require financial contributions by or from
local entities or landowners.
``(c) Resolution of Federal Responsibilities.--(1) Within 9 months
after the date of enactment of this section [Jan. 6, 1996], and after
consultation with the Secretary of the Interior, the State of Alaska,
and local entities and residents of the Pribilof Islands, the Secretary
of Commerce shall submit to the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Resources of the
House of Representatives, a report proposing necessary actions by the
Secretary of Commerce and Congress to resolve all claims with respect
to, and permit the final implementation, fulfillment and completion of--
``(A) the land conveyance entitlements of local entities and
residents of the Pribilof Islands under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.);
``(B) the provisions of this section; and
``(C) any other matters which the Secretary deems appropriate.
``(2) The report required under paragraph (1) shall include the
estimated costs of all actions, and shall contain the statements of the
Secretary of Commerce, the Secretary of the Interior, any statement
submitted by the State of Alaska, and any statements of claims or
recommendations submitted by local entities and residents of the
Pribilof Islands.
``[(d) Redesignated as section 212 of Pub. L. 89-702, and
transferred to section 1169b of this title.]
``(e) Definition.--For the purposes of this section, the term `clean
up' means the planning and execution of remediation actions for lands
described in subsection (a) and the redevelopment of landfills to meet
statutory requirements.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$10,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and
2005 for the purposes of carrying out this section.
``(2) Limitation.--None of the funds authorized by this
subsection may be expended for the purpose of cleaning up or
remediating any landfills, wastes, dumps, debris, storage tanks,
property, hazardous or unsafe conditions, or contaminants, including
petroleum products and their derivatives, left by the Department of
Defense or any of its components on lands on the Pribilof Islands,
Alaska.
``(g) Low-Interest Loan Program.--
``(1) Capitalization of revolving fund.--Of amounts authorized
under subsection (f) for each of fiscal years 2001, 2002, 2003,
2004, and 2005, the Secretary may provide to the State of Alaska up
to $2,000,000 per fiscal year to capitalize a revolving fund to be
used by the State for loans under this subsection.
``(2) Low-interest loans.--The Secretary shall require that any
revolving fund established with amounts provided under this
subsection shall be used only to provide low-interest loans to
Natives of the Pribilof Islands to assess, respond to, remediate,
and monitor contamination from lead paint, asbestos, and petroleum
from underground storage tanks.
``(3) Natives of the pribilof islands defined.--The definitions
set forth in section 101 of the Fur Seal Act of 1966 (16 U.S.C.
1151) shall apply to this section, except that the term `Natives of
the Pribilof Islands' includes the Tanadgusix and Tanaq
Corporations.
``(4) Reversion of funds.--Before the Secretary may provide any
funds to the State of Alaska under this section, the State of Alaska
and the Secretary must agree in writing that, on the last day of
fiscal year 2011, and of each fiscal year thereafter until the full
amount provided to the State of Alaska by the Secretary under this
section has been repaid to the United States, the State of Alaska
shall transfer to the Treasury of the United States monies remaining
in the revolving fund, including principal and interest paid into
the revolving fund as repayment of loans.''
[Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(e)(5)(A)(iv), (6)(A), (7)], and Pub. L. 106-562,
Secs. 105(a)(4), 106(a), 107, made substantially identical amendments to
section 3 of Pub. L. 104-91, set out above. The text of subsecs. (f) and
(g) of section 3 is based on amendments by Pub. L. 106-562.]
[Pub. L. 106-562, title I, Sec. 105(c), Dec. 23, 2000, 114 Stat.
2798, provided that, effective on the date on which the Secretary of
Commerce makes the certification described in Pub. L. 106-562,
Sec. 105(b)(2), set out in a Termination of Responsibilities note under
section 1161 of this title, section 3 of Pub. L. 104-91, set out above,
is repealed. Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 144(e)(5)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A-247, enacted a
provision substantially identical to Pub. L. 106-562, Sec. 105(c).]
Section Referred to in Other Sections
This section is referred to in section 1175 of this title.
