16 U.S.C. § 1165 — Disposal of Federal property on Pribilof

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 Disposal of Federal property on Pribilof Islands (a) to (d) Repealed.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, Page 1643 TITLE 16—CONSERVATION § 1166 which provided that the Secretary of Commerce was to clean up landfills, wastes, dumps, debris, storage tanks, property, hazardous or unsafe conditions, and contami- nants, including petroleum products and their deriva- tives, left by the National Oceanic and Atmospheric Administration on lands which it and its predecessor agencies abandoned, quitclaimed, or otherwise trans- ferred or are obligated to transfer, to local entities or residents on the Pribilof Islands, Alaska, pursuant to the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) or other applicable law, was repealed by 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, effective on the date on which the Secretary of Com- merce publishes the notice of certification required by section 105(b)(5) of Pub. L. 106–562, which is set out in a Termination of Responsibilities note under section 1161 of this title. Such notice was published by the Sec- retary to Congress on Jan. 24, 2023. § 1166. Financial assistance (a) Grant authority (1) In general Subject to the availability of appropriations, the Secretary shall provide financial assist- ance to any city government, village corpora- tion, or tribal council of St. George, Alaska, or St. Paul, Alaska. (2) Use for matching Notwithstanding any other provision of law relating to matching funds, funds provided by the Secretary as assistance under this sub- section may be used by the entity as non-Fed- eral matching funds under any Federal pro- gram that requires such matching funds. (3) Restriction on use The Secretary may not use financial assist- ance authorized by this chapter— (A) to settle any debt owed to the United States; (B) for administrative or overhead ex- penses; or (C) for contributions sought or required from any person for costs or fees to clean up any matter that was caused or contributed to by such person on or after March 15, 2000. (4) Funding instruments and procedures In providing assistance under this subsection the Secretary shall transfer any funds appro- priated to carry out this section to the Sec- retary of the Interior, who shall obligate such funds through instruments and procedures that are equivalent to the instruments and procedures required to be used by the Bureau of Indian Affairs pursuant to title IV of the In- dian Self-Determination and Education Assist- ance Act [25 U.S.C. 5361 et seq.]. (5) Pro rata distribution of assistance In any fiscal year for which less than all of the funds authorized under subsection (c)(1) are appropriated, such funds shall be distrib- uted under this subsection on a pro rata basis among the entities referred to in subsection (c)(1) in the same proportions in which amounts are authorized by that subsection for grants to those entities. (b) Solid waste assistance (1) In general Subject to the availability of appropriations, the Secretary shall provide assistance to the State of Alaska for designing, locating, con- structing, redeveloping, permitting, or certi- fying solid waste management facilities on the Pribilof Islands to be operated under permits issued to the City of St. George and the City of St. Paul, Alaska, by the State of Alaska under section 46.03.100 of the Alaska Statutes. (2) Transfer The Secretary shall transfer any appropria- tions received under paragraph (1) to the State of Alaska for the benefit of rural and Native villages in Alaska for obligation under section 1263a of title 33, except that subsection (b) of that section shall not apply to those funds. (3) Limitation In order to be eligible to receive financial assistance under this subsection, not later than 180 days after December 23, 2000, each of the Cities of St. Paul and St. George shall enter into a written agreement with the State of Alaska under which such City shall identify by its legal boundaries the tract or tracts of land that such City has selected as the site for its solid waste management facility and any supporting infrastructure. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary— (1) for assistance under subsection (a), for fiscal years 2001, 2002, 2003, 2004, 2005, 2006, and 2007 a total not to exceed— (A) $9,000,000, for grants to the City of St. Paul; (B) $6,300,000, for grants to the Tanadgusix Corporation; (C) $1,500,000, for grants to the St. Paul Tribal Council; (D) $6,000,000, for grants to the City of St. George; (E) $4,200,000, for grants to the St. George Tanaq Corporation; and (F) $1,000,000, for grants to the St. George Tribal Council; and (2) for assistance under subsection (b), for fiscal years 2001, 2002, 2003, 2004, and 2005 a total not to exceed— (A) $6,500,000 for the City of St. Paul; and (B) $3,500,000 for the City of St. George. (d) Limitation on use of assistance for lobbying activities None of the funds authorized by this section may be available for any activity a purpose of which is to influence legislation pending before the Congress, except that this subsection shall not prevent officers or employees of the United States or of its departments, agencies, or com- missions from communicating to Members of Congress, through proper channels, requests for legislation or appropriations that they consider necessary for the efficient conduct of public business. (e) Immunity from liability Neither the United States nor any of its agen- cies, officers, or employees shall have any liabil- ity under this chapter or any other law associ- ated with or resulting from the designing, locat- ing, contracting for, redeveloping, permitting,