Page:United States Statutes at Large Volume 109 Part 1.djvu/374

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109 STAT. 358 PUBLIC LAW 104-42 —NOV. 2, 1995 (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 tlis 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