United States Code (Last Updated: May 24, 2014) |
Title 16. CONSERVATION |
Chapter 24. CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS |
SubChapter II. ADMINISTRATION OF PRIBILOF ISLANDS |
§ 1165. Disposal of Federal property on Pribilof Islands
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(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) of this title to further progress toward creation of a stable, diversified, and enduring economy not dependent on commercial fur sealing; (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.
Prospective Amendment
Pub. L. 106–562, title I, § 105(c),
Substantially identical provisions repealing this section were contained in Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(5)(C)],
References In Text
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, § 1(a)(4) [div. B, title I, § 144(e)(4)(A)], and Pub. L. 106–562, § 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, § 1(a)(4) [div. B, title I, § 144(e)(4)(B)], and Pub. L. 106–562, § 104(2), struck out subsec. (g) which read as follows: “The Secretary shall submit to Congress a report, no later than
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.
Change Of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
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
Miscellaneous
Pub. L. 104–91, § 3,
[Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(5)(A)(iv), (6)(A), (7)], and Pub. L. 106–562, §§ 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, § 105(c),