H 1228 CONGRESSIONAL RECORD — HOUSE the failure of a person to file his or her claim in a timely manner produce a re- sult that “shocks the conscience” we would hope and anticipate that a future Congress would show compassion for any such individuals and provide com- pensation for them through private relief bills or some other methec. Furthermore, it is our understanding and intent that by praviding this specific statute of limitations, the Justice Department will not raise any equitable defenses to the filing of claims within the limitation period based upen the dila- toriness of the filing of the claim. The House version of H.R. 3756 con- tained language extending for 30 years the loan guarantee provision for the Guam Power Aythority (GPA) and made other changes affecting the GPA. The Senate, at the request of GPA, has revised the section to authorize only a 10-year extension and made some other changes and we concur with these, In 1974 2 bill to place certain submerged lands within thejurisdiction of Guam, the Virgin Islands and American Samoa was enacted into law. A list of certain lands—11 in all—was excepted ’ from the transfer of title. Included in tha exceptions were deposits of oil, gas _and other minerals in the submerged lands. At the insistence of Tony Won Pat, we have agreed to add language to H.R. 3756 (incorporating the essence of his H.R. 4670) that would allow titie to these oil, gas and other mineral de- posits to be transferred from the US. Government to the government of Guam. And along with Guam, we have included the Virgin Islands (at the request of Metvin Evans) and American Samoa, The Senate, in its version, confirms the jurisdiction of Puerto Rico over its submerged lands to 3 marine leagues. The House has been convinced of the equity of this proposal for several years and at the request of our colleague, Mr. Corraba, we have concurred with the Senate on this matter. In title IV, which affects the Virgin Islands, a number of changes have been made by the Senate. First of all, the Senate modified the House’s language in section 401. The Senate retained the language that transferred to the Virgin Islands property acquired from Denmark by the United States and which was not re- served or retained by the United States under Public Law 93-435. It revised, however, the rest of the section so that what it now does is to release from a mortgage covering 230 acres held by GSA 10 acres needed by the Virgin Is- lands government in order to build an armory. The release will take place when the $125,000 owed for the 10 acres is paid. We have reluctantly accepted this change. Because of Justice Department con- cerns, the Senate changed the House language on Water Island to prohibit army modification of the existinglease on Water Isiand before 1992 without express congressional approval. We agree wholeheartedly with this change, In 1978, the Congress enacted legisla~ tion which included a provision elini- inating a deduction of the costs of col- February 25, 1980 cluded, given the amountof controversy generated in this Congress by the 3-year authorization, to give way to the Senate in the matter. In the long run, webelieve the Virgin Islands people will be better served by removing this highly controversial provision and redoubling our ef_forts to get full funding for other Virgin Island projects already authorized. - We have restored the section extending: the guaranteed borrowiny authority lecting duties, taxes, and fees from funds which would otherwise have been paid directly to the Treasury of the Virgin Islands. The purpose of the provision was to make some additional funds available to the Virgin Islands government to use for public purposes. After the legislation was enacted, it was learned that an ex- granted to the Virgin Islands in Public isting contract relating to petroleum im- Law 94-392. The Senate had objected ta ports would significantly frustrate this the proposed 10-year extension. We have objective. Consequently, we are told, the now modified our original language to. monies have been withheld under the provide for a 5-year extensionof the law terms of Public Law 96~38, and have added a reverter clause, thatis, The language presented in the amend- our language now would require that all ment is designed to accomplish the pur- funds borrowed, but not obligated by the pose of the 1978 act, without becoming * expiration date in 1984, will be returned entangled in the contractual commit- to the lending institution from which ment made by the Virgin Islands govern- they were borrowed. We urge the Senate ment. The amendment provides that the to accept this version. To the Senate bill, at Representative United States shall retain the funds attributable to the cost of collecting cus- MELVIN Evans’ request, we have attached toms, dutics, and fees on petroleum ima new section which would convey title ports between August 18, 1978 and Janufrom the U.S. Government, without any ary 1, 1982. After January 1, 1982, there cost, to the Virgin Islands government will be no deduction for these costs. In within 2 years from the date of enactthe meantime, from August 1, 1978 on, ment of this bill the property known as “all other deductions withheld are to be the former District Court Building loremitted as intended under the act of cated on Norre Cade. We understand that date. o - that there is a great need for office space The amendment also“repeals & provi- in the Virgin Islands and we would hope sion in Public Law 96-386 which was de- the scquisition of this building would veloped despite the fact that we were working at the time with the U.S. Customs people to modify our 1978 lan-. guage. Our 1978 language was effectively repealed in an appropriations bill without Treasury having the courtesy to notify us before, during|or after such action. This action by the Treasury Department is but another in a series of their refusals to cooperate with this subcommittee. Their earlier refusal to provide necessary technical expertise on tax collection to the Northern Mariana Islands is one example of this. Anotherts their resistance to complying with the intent of the Congress as it relates to excise taxes in the Virgin Islands, a view which was upheld by a Federal district court, and is what I believe to be a not too subtle effort by Treasury to “squeeze” the Virgin Islands by dragging that government through a long and costly appellate process. At some point our subcommittee intends to examine this pattern of indif- ference, if not outright antagonism, toward insular areas, At the request of the Virgin Island government, the Senate added language that would allow any excise taxes levied by the Virgin Island legislature to be collected when imported goods are brought into the Virgin Islands, rather than 30 days after the end of the month in which they arrive. We have no objection to this, and therefore have retained this section. The Senate, much to our regret, re- realed that section in the House bill that authorized.$60 million ($20 million a year for 3 years) to enable the Virgin Islands to offset any anticipated deficits they might have. We reluctantly have con- solve this problem to everyone's satisfac- tion. Should the Government Services Administration, sometime in the next 2 years,. decide it needs this building for somewhatlonger than the time frame set forth in this section, it can come to Congress and presentits case to the authorizing committees. And lastly, at Representative MELVIN Evans’ request, the Virgin Islands is included in our new section authorizing the conveyance of title from the U.S. Government to the Virgin Islands government for oi], gas and mineral deposits in the submerged lands. The Senate modified our section dealing with title V of Public Law 95-134, which is the title that authorizes all departments and agencies to consolidate grants and waive wherever possible matching funds for insular area govern- ments. What they ended up with is lan- guage that requires the Departinent of Interior to waive matching requirements on Federal grant programs to the territories. We agree with them on this and have retained this section. Additionally, we have added a section that will require the waiving of all matching requirements, including inkind, under $100,000 that. any departments or agencies may otherwise require of the governments of American Samoa ‘MarianasIslands. and the Northern Additionally, for American Samoa, the Senate has agreed with our language to authorize the Secretary of the Treasury to administer and enforce the collection of customs duties in American Samoaif the Governor requests this of the Secretary. We have also provided language to enable the Secretary to train residents of this inswar area to carry out these responsibilities. In doing this, we urge