16 USC 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
Terms Used In 16 USC 1165
- Dependent: A person dependent for support upon another.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Oversight: Committee review of the activities of a Federal agency or program.
- Personal property: All property that is not real property.
- Trustee: A person or institution holding and administering property in trust.
The property transfer document described in subsection (a) 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) that has been conveyed under that subsection;
(2) a description of all Federal property specified in the document referred to in subsection (a) 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 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.