16 U.S.C. § 1164 — Responsibility of Secretary of Health and

Page 1641 TITLE 16—CONSERVATION § 1164 and not less than once every 5 years thereafter, the Secretary shall determine whether property located on St. Paul Island and not transferred to the Sec- retary of the department in which the Coast Guard is operating under section 524 of the Pribilof Island Transition Completion Act of 2016 [130 Stat. 72, 2795] or to the Natives of the Pribilof Islands is in excess of the smallest practicable tract enclosing land— ‘‘(A) needed by the Secretary for the purposes of carrying out the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.); ‘‘(B) in the case of land withdrawn by the Sec- retary on behalf of other Federal agencies, needed for carrying out the missions of those agencies for which land was withdrawn; or ‘‘(C) actually used by the Federal Government in connection with the administration of any Federal installation on St. Paul Island. ‘‘(2) REPORT OF DETERMINATION.—When a determina- tion is made under paragraph (1), the Secretary shall report the determination to— ‘‘(A) the Committee on Natural Resources of the House of Representatives; ‘‘(B) the Committee on Commerce, Science, and Transportation of the Senate; and ‘‘(C) the Alaska native village corporation for St. Paul Island. ‘‘(g) DEFINITIONS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the definitions set forth in section 101 of the Fur Seal Act of 1966 (16 U.S.C. 1151) shall apply to this sec- tion. ‘‘(2) NATIVES OF THE PRIBILOF ISLANDS.—For pur- poses of this section, the term ‘Natives of the Pribilof Islands’ includes the Tanadgusix Corporation, the St. George Tanaq Corporation, and the city governments and tribal councils of St. Paul and St. George, Alas- ka.’’ Substantially similar provisions were contained in Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–246. § 1162. Authority of Secretary to operate, main- tain, and repair Government-owned prop- erty; necessary facilities, services, and equip- ment for Federal employees and dependents In carrying out the provisions of this sub- chapter, the Secretary is authorized— (1) to operate, maintain, and repair such Government-owned property, both real and personal, and other facilities held by the Sec- retary on the Pribilof Islands as may be nec- essary; and (2) to provide the employees of the Depart- ment of Commerce and other Federal agencies and their dependents, at reasonable rates to be determined by the Secretary, with such facili- ties, services, and equipment as he deems nec- essary, including, but not limited to, food, fuel, shelter, and transportation. (Pub. L. 89–702, title II, § 202, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 substituted provisions author- izing the Secretary to operate, maintain, and repair such Government-owned property, both real and per- sonal, and other facilities held by the Secretary on the Pribilof Islands as may be necessary, and to provide the employees of the Department of Commerce and other Federal agencies and their dependents, at reasonable rates to be determined by the Secretary, with such fa- cilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, and transportation, for provisions authorizing the Sec- retary to enter into contracts or agreements or leases with, or to issue permits to, public or private agencies or persons, including the natives of the Pribilof Islands, in accordance with such terms and conditions as he deemed desirable for the use of any Government-owned real or personal property located on the islands, for the furnishing of accommodations for tourists and other visitors, for educational, recreational, residential, or commercial purposes, for the operation, maintenance, and repair of Government-owned facilities and utilities, for the transportation and storage of food and other supplies, and for such other purposes as the Secretary deemed desirable. § 1163. Responsibility of Alaska to meet edu- cational needs of Pribilof Islands citizens The State of Alaska will be responsible for meeting the educational needs of the citizens of the Pribilof Islands. (Pub. L. 89–702, title II, § 203, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 substituted provisions directing that the State of Alaska be responsible for meeting the educational needs of the citizens of the Pribilof Islands for provisions which had authorized the Secretary (1) to provide, with or without reimbursement, the natives of the Pribilof Islands with such facilities, services, and equipment as he deemed necessary, including, but not limited to food, fuel, shelter, transportation, and edu- cation, (2) to provide the employees of the Department of Commerce and other Federal agencies and their de- pendents, and tourists and other persons, at reasonable rates to be determined by the Secretary, with such fa- cilities, services, and equipment as he deemed nec- essary, including, but not limited to, food, fuel, shelter, transportation, and education, (3) to purchase, trans- port, store, and distribute such supplies and equipment to carry out the provisions of this section as the Sec- retary deemed necessary, and (4) to purchase, con- struct, operate, and maintain the facilities necessary to carry out the provisions of this section. § 1164. Responsibility of Secretary of Health and Human Services to provide medical and den- tal care to Pribilof Islands natives The Secretary of Health and Human Services shall provide medical and dental care to the Na- tives of the Pribilof Islands with or without re- imbursement, as provided by other law. He is authorized to provide such care to Federal em- ployees and their dependents and tourists and other persons in the Pribilof Islands at reason- able rates to be determined by him. He may pur- chase, lease, construct, operate, and maintain such facilities, supplies, and equipment as he deems necessary to carry out the provisions of this section; and the costs of such items, includ- ing medical and dental care, shall be charged to the budget of the Secretary of Health and Human Services. Nothing in this chapter shall be construed as superseding or limiting the au- thority and responsibility of the Secretary of Health and Human Services under the Act of Au- gust 5, 1954, as amended [42 U.S.C. 2001 et seq.], or any other law with respect to medical and dental care of natives or other persons in the Pribilof Islands. (Pub. L. 89–702, title II, § 204, Nov. 2, 1966, 80 Stat. 1094; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 839.) Page 1642 TITLE 16—CONSERVATION § 1165 Editorial Notes REFERENCES IN TEXT Act of August 5, 1954, as amended, referred to in text, is act Aug. 5, 1954, ch. 658, 68 Stat. 674, which is classi- fied generally to subchapter I (§ 2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Tables. AMENDMENTS 1983—Pub. L. 98–129 substituted provisions formerly set out in section 1165 of this title relating to medical and dental care of the natives of the Pribilof Islands for provisions which had authorized the Secretary to enter into an agreement with the Governor of the State of Alaska pursuant to which the State assumed full re- sponsibility for furnishing education to the natives of the Pribilof Islands and also to enter into agreements with said Governor pursuant to which the State fur- nished to such natives adequate food, shelter, transpor- tation, and such other facilities, services, and equip- ment as the Secretary deemed necessary, with the State of Alaska, in assuming such responsibility, to meet the educational needs of the said natives in the same manner as the State met the educational needs of all of its citizens, including the furnishing of necessary facilities therefor. § 1165. Disposal of Federal property on Pribilof Islands (a) to (d) Repealed. Pub. L. 106–562, title I, § 105(c), Dec. 23, 2000, 114 Stat. 2798, as amended by Pub. L. 114–120, title V, § 523(3)(B), Feb. 8, 2016, 130 Stat. 71 (e) Taxation The grant, sale, transfer or conveyance of any real or personal property pursuant to this sec- tion 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 agree- ments, including but not limited to land ex- change agreements with other Departments and Agencies of both the State and Federal Govern- ments, and with third parties, notwithstanding any provision of law relating to the transfer and disposal of Federal property to the contrary; ex- cept 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, § 205, Nov. 2, 1966, 80 Stat. 1094; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 839; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–245; Pub. L. 106–562, title I, §§ 104, 105(c)(1), Dec. 23, 2000, 114 Stat. 2796, 2798.) Editorial Notes AMENDMENTS 2000—Subsecs. (a), (b). Pub. L. 106–562, § 105(c)(1), as amended by Pub. L. 114–120, § 523(3)(B), struck out sub- sec. (a) which related to the submission to Congress of a property transfer document for property on the Pribilof Islands held by the Secretary of the depart- ment in which the Coast Guard is operating and subsec. (b) which related to the contents of such document. Subsec. (c). Pub. L. 106–562, § 105(c)(1), as amended by Pub. L. 114–120, § 523(3)(B), struck out subsec. (c) which related to a report to Congress on conveyed and re- tained properties. 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 pro- visions 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 stat- ing the fair market value at the time of the transfer of all real and personal property conveyed.’’ Subsec. (d). Pub. L. 106–562, § 105(c)(1), as amended by Pub. L. 114–120, § 523(3)(B), struck out subsec. (d) which related to a Memorandum of Understanding to be en- tered into by the Secretary, representatives of the local governmental authorities, and the State of Alaska set- ting forth the respective responsibilities of the Federal Government and the State. 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 October 1, 1983, providing information on the status of the nego- tiations for concluding the documents described in sub- sections (a) and (d) of this section.’’ 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions relating to the disposal of Federal property on the Pribilof Islands for provisions relating to the medical and dental care of Pribilof Islands na- tives. See section 1164 of this title. Statutory Notes and Related Subsidiaries 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 Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–562, title I, § 105(c), Dec. 23, 2000, 114 Stat. 2798, as amended by Pub. L. 114–120, title V, § 523(3)(B), Feb. 8, 2016, 130 Stat. 71, provided that the amendment by section 105(c)(1) of Pub. L. 106–562 is effective on the date on which the Secretary of Commerce publishes the notice of certification required by section 105(b)(5) of Pub. L. 106–562, which is set out in a Termination of Re- sponsibilities note under section 1161 of this title. Such notice was published by the Secretary to Congress on Jan. 24, 2023. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PRIBILOF ISLANDS ENVIRONMENTAL CLEANUP Pub. L. 104–91, § 3, Jan. 6, 1996, 110 Stat. 8, as amended by Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(5)(A)(iv), (6)(A), (7)], Dec. 21, 2000, 114 Stat. 2763, 2763A–246, 2763A–248; Pub. L. 106–562, title I, §§ 105(a)(4), 106(a), 107, Dec. 23, 2000, 114 Stat. 2797, 2799; Pub. L. 108–447, div. B, title II, § 212, Dec. 8, 2004, 118 Stat. 2884,