
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.


                 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.
