PUBLIC LAW 104-42—NOV. 2, 1995
109 STAT. 361
(5) REQUEST FOR CONVEYANCE.—Notwithstanding any other
provision of law, not later than 30 days after the date of
completion of such appraisal, the Chairman may request the
conveyance to the Department of Hawaiian Home Lands of—
(A) the appraised property; or
(B) a portion of the appraised property, to the Department of Hawaiian Home Lands.
(6) CONVEYANCE.— Notwithstanding any other provision of
law, upon receipt of a request from the Chairman, the Secretary
of Defense or the Administrator of the General Services
Administration shall convey, without reimbursement, the real
property that is the subject of the request to the Department
of Hawaiian Home Lands as compensation for lands identified
under subsection (a)(1)(A) or lost use identified under subsection (a)(1)(B).
(7) REAL PROPERTY NOT SUBJECT TO RECOUPMENT.— Notwithstanding any other provision of law, any real property
conveyed pursuant to paragraph (6) shall not be subject to
recoupment based upon the sale or lease of the land by the
Chairman.
(8) VALUATION. —Notwithstanding any other provision of
law, the Secretary shall reduce the value identified under
subparagraph (A) or (B) of subsection (a)(1), as determined
pursuant to such subsection, by an amount equal to the
appraised value of any excess lands conveyed pursuant to paragraph (6).
(9) LIMITATION.— No Federal lands that generate income
(or would be expected to generate income) for the Federal
Government may be conveyed pursuant to this subsection to
the Department of Hawaiian Home Lands.
SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN
HOMES COMJiIISSION ACT.
(a) NOTICE TO THE SECRETARY.— Not later than 120 days after
a proposed amendment to the Hawaiian Homes Commission Act
is approved in the manner provided in section 4 of the Hawaii
State Admission Act, the Chairman shall submit to the Secretary—
(1) a copy of the proposed amendment;
(2) the nature of the change proposed to be made by the
amendment; and
(3) an opinion regarding whether the proposed amendment
requires the approval of Congress under section 4 of the Hawaii
State Admission Act.
(b) DETERMINATION BY SECRETARY.—Not later than 60 days Notification.
Eifter receiving the materials required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall determine
whether the proposed amendment requires the approval of Congress
under section 4 of the Hawaii State Admission Act, and shall
notify the Chairman and Congress of the determination of the
Secretary.
(c) CONGRESSIONAL APPROVAL REQUIRED.— If, pursuant to subsection (b), the Secretary determines that the proposed amendment
requires the approval of Congress, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives—
(1) a draft joint resolution approving the amendment;
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