Sec. 1435. amendment to public law 94–204

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## Sec. 1435 amendment to public law 94–204 Section 12(b) of the Act of January 2, 1976 (Public Law 94–204), as amended by section 4 of the Act of October 4, 1976 (Public Law 94–456) and section 3 of the Act of November 15, 1977 (Public Law 95–178) is hereby amended to add the following new paragraphs: > “12(b)(7)(i) Until the obligations of the Secretary and the Administrator of General Services under subsection 12(b)(6) of this Act are otherwise fulfilled:

(a)Cook Inlet Region, Incorporated, may, by crediting the account established in subsection 12(b)(7)(ii), bid, as any other bidder for surplus property, wherever located, in accordance with the Federal Property and Administrative Services Act of 1949 (40 U.S.C. sec. 484), as amended. No preference right of any type will be offered to Cook Inlet Region Incorporated, for bidding for General Services Administration surplus property under this subparagraph and no additional advertising shall be required other than that prescribed in title 40, United States Code, section 484(e)(2) of the Federal Property and Administrative Services Act;

(b)the Administrator of General Services may, at the discretion of the Administrator, tender to the Secretary any surplus property otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) to be offered Cook Inlet Region, Incorporated for a period of 90 days so as to aid in the fulfillment of the Secretary's program purposes under the Alaska Native Claims Settlement Act: *Provided,* That nothing in this subsection 12(b)(7)(i)(b) shall be construed to establish, enlarge or diminish authority of the Administrator or the Secretary within the State of Alaska. If the Region accepts such property, it shall be in exchange for acres of acre-equivalents as provided in subparagraph I(C)(2)(e) of the document, referred to in subsection

(b)of this section. Prior to any disposition under subsection 12(b)(7)(i)(b), the Administrator shall notify the governing body of the locality where such property is located and any appropriate State agency, and no such disposition shall be made if such governing body or State agency, within ninety days of such notification formally advises the Administrator that if objects to the proposed disposition. > > > ###### “(ii) > > The Secretary of the Treasury shall establish a Cook Inlet Region, Incorporated surplus property account, which shall be available for the purpose of bidding on Federal surplus property. The balance of the account shall be the acre-equivalent exchange value established by paragraph I(C)(2)(e) of the document referred to in this subsection, of the unfulfilled entitlement of Cook Inlet Region, Incorporated, the effective date of this subsection to acre or acre-equivalents under paragraph I(C)(2)(g) of the document referred to in this subsection and shall be adjusted to reflect transfers or successful bids under subsection 12(b)(6) of this section. > > > ###### “(iii) > > The amount charged against the Treasury account established under subsection

(ii)shall be treated as proceeds of dispositions of surplus property for the purpose of determining the basis for calculating direct expenses pursuant to 40 U.S.C. 485(b), as amended. > > > ###### “(iv) > > The basis for computing gain or loss on subsequent sale or other disposition of lands or interests in land conveyed to Cook Inlet Region, Incorporated, under this subsection, for purposes of any Federal, State or local tax imposed on or measured by income, shall be the fair value of such land or interest in land at the time of receipt. The amount charged against Cook Inlet's entitlement under I(C)(2)(e) of the document referred to in subsection

(b)of this section shall be prima facie evidence of such fair value. > > > #### “(12) > > > #####

(b)> > > ######

(8)> > Cook Inlet Region, Incorporated, the Secretary and/or the Administrator shall have until July 15, 1982, to complete the nomination of lands for the pool described in subsection 12(b)(6): *Provided, however,* That the Secretary shall report to Congress on January 15, 1982, as to: > > > ###### “(i) > > Such studies and inquiries as shall have been initiated by the Secretary and the Administrator of General Services, or have been prepared by other holding agencies, to determine what lands, within the exterior boundaries of the Cook Inlet Region, or elsewhere can be made available to the Cook Inlet Region, Incorporated, to the extent of its entitlement; > > > ###### “(ii) > > The feasibility and appropriate nature of reimbursement to Cook Inlet Region, Incorporated, for its unfulfilled entitlement as valued in paragraph I(C)(2)(e) of the document referred to in this subsection; > > > ###### “(iii) > > The extent to which implementation to the mechanisms established in subsection 12(b)(7) promise to meet said unfulfilled commitment; and > > > ###### “(vi) > > Such other remedial legislation on administrative action as may be needed.” >

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Pub. L. 94-204
Pub. L. 94-456
Pub. L. 95-178
40 USC 484
40 USC 484(e)(3)
40 USC 485(b)

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Sec. 1435

amendment to public law 94–204

Pub. L.Pub. L. 94-204

Pub. L.Pub. L. 94-456

Pub. L.Pub. L. 95-178

Cite40 USC 484

Cite40 USC 484(e)(3)

Cites 6 · showing 5Cited by 0 across 0 sources