[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3752 Reported in House (RH)]





                                                 Union Calendar No. 456

104th CONGRESS

  2d Session

                               H. R. 3752

                          [Report No. 104-835]

_______________________________________________________________________

                                 A BILL

To preserve the sovereignty of the United States over public lands and 
   acquired lands owned by the United States, and to preserve State 
     sovereignty and private property rights in non-Federal lands 
           surrounding those public lands and acquired lands.

_______________________________________________________________________

                           September 24, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 456
104th CONGRESS
  2d Session
                                H. R. 3752

                          [Report No. 104-835]

To preserve the sovereignty of the United States over public lands and 
   acquired lands owned by the United States, and to preserve State 
     sovereignty and private property rights in non-Federal lands 
           surrounding those public lands and acquired lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 1996

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

                           September 24, 1996

    Additional sponsors: Mr. Coburn, Mr. Nethercutt, Mr. Bono, Mrs. 
  Chenoweth, Mr. Miller of Florida, Mr. Herger, Mrs. Vucanovich, Mr. 
Hostettler, Mr. Barr of Georgia, Mr. Stockman, Mr. Stump, Mr. Solomon, 
 Mr. Taylor of North Carolina, Ms. Dunn of Washington, Mr. Hutchinson, 
Mr. Radanovich, Mr. Kim, Mr. Pombo, Mr. Weldon of Florida, Mr. Hastings 
 of Washington, Mr. Duncan, Mrs. Smith of Washington, Mrs. Cubin, Mr. 
       Skeen, Mr. Cooley of Oregon, Mr. Dickey, and Mr. Cremeans

                           September 24, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               27, 1996]

_______________________________________________________________________

                                 A BILL


 
To preserve the sovereignty of the United States over public lands and 
   acquired lands owned by the United States, and to preserve State 
     sovereignty and private property rights in non-Federal lands 
           surrounding those public lands and acquired lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Land Sovereignty Protection 
Act of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The power to dispose of and make all needful rules and 
        regulations governing lands belonging to the United States is 
        vested in the Congress under article IV, section 3, of the 
        Constitution.
            (2) Some Federal land designations made pursuant to 
        international agreements concern land use policies and 
        regulations for lands belonging to the United States which 
        under article IV, section 3, of the Constitution can only be 
        implemented through laws enacted by the Congress.
            (3) Some international land designations, such as those 
        under the United States Biosphere Reserve Program and the Man 
        and Biosphere Program of the United Nations Scientific, 
        Educational, and Cultural Organization, operate under 
        independent national committees, such as the United States 
        National Man and Biosphere Committee, which have no legislative 
        directives or authorization from the Congress.
            (4) Actions by the United States in making such 
        designations may affect the use and value of nearby or 
        intermixed non-Federal lands.
            (5) The sovereignty of the States is a critical component 
        of our Federal system of government and a bulwark against the 
        unwise concentration of power.
            (6) Private property rights are essential for the 
        protection of freedom.
            (7) Actions by the United States to designate lands 
        belonging to the United States pursuant to international 
        agreements in some cases conflict with congressional 
        constitutional responsibilities and State sovereign 
        capabilities.
            (8) Actions by the President in applying certain 
        international agreements to lands owned by the United States 
        diminishes the authority of the Congress to make rules and 
        regulations respecting these lands.
    (b) Purpose.--The purposes of this Act are the following:
            (1) To reaffirm the power of the Congress under article IV, 
        section 3, of the Constitution over international agreements 
        which concern disposal, management, and use of lands belonging 
        to the United States.
            (2) To protect State powers not reserved to the Federal 
        Government under the Constitution from Federal actions 
        designating lands pursuant to international agreements.
            (3) To ensure that no United States citizen suffers any 
        diminishment or loss of individual rights as a result of 
        Federal actions designating lands pursuant to international 
        agreements for purposes of imposing restrictions on use of 
        those lands.
            (4) To protect private interests in real property from 
        diminishment as a result of Federal actions designating lands 
        pursuant to international agreements.
            (5) To provide a process under which the United States may, 
        when desirable, designate lands pursuant to international 
        agreements.

SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE 
              LISTING.

    Section 401 of the National Historic Preservation Act Amendments of 
1980 (16 U.S.C. 470a-1) is amended--
            (1) in subsection (a) in the first sentence, by--
                    (A) inserting ``(in this section referred to as the 
                `Convention')'' after ``1973''; and
                    (B) inserting ``and subject to subsections (b), 
                (c), (d), (e), and (f)'' before the period at the end;
            (2) in subsection (b) in the first sentence, by inserting 
        ``, subject to subsection (d),'' after ``shall''; and
            (3) adding at the end the following new subsections:
    ``(d) The Secretary of the Interior shall not nominate any lands 
owned by the United States for inclusion on the World Heritage List 
pursuant to the Convention unless such nomination is specifically 
authorized by a law enacted after the date of enactment of the American 
Land Sovereignty Protection Act of 1996. The Secretary may from time to 
time submit to the Speaker of the House and the President of the Senate 
proposals for legislation authorizing such a nomination.
    ``(e) The Secretary of the Interior shall object to the inclusion 
of any property in the United States on the list of World Heritage in 
Danger established under Article 11.4 of the Convention unless--
            ``(1) the Secretary has submitted to the Speaker of the 
        House and the President of the Senate a report describing the 
        necessity for including that property on the list; and
            ``(2) the Secretary is specifically authorized to assent to 
        the inclusion of the property on the list, by a joint 
        resolution of the Congress enacted after the date that report 
        is submitted.
    ``(f) The Secretary of the Interior shall submit an annual report 
on each World Heritage Site within the United States to the Chairman 
and Ranking Minority member of the Committee on Resources of the House 
of Representatives and the Committee on Energy and Natural Resources of 
the Senate, that contains the following information for each site:
            ``(1) An accounting of all money expended to manage the 
        site.
            ``(2) A summary of Federal full time equivalent hours 
        related to management of the site.
            ``(3) A list and explanation of all nongovernmental 
        organizations contributing to the management of the site.
            ``(4) A summary and account of the disposition of 
        complaints received by the Secretary related to management of 
        the site.''.

SEC. 4. PROHIBITION AND TERMINATION OF UNITED NATIONS BIOSPHERE 
              RESERVES.

    Title IV of the National Historic Preservation Act Amendments of 
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the 
following new section:
    ``Sec. 403. (a) No Federal official may nominate any lands in the 
United States for designation as a Biosphere Reserve under the Man and 
Biosphere Program of the United Nations Educational, Scientific, and 
Cultural Organization.
    ``(b) Any designation of an area in the United States as a 
Biosphere Reserve under the Man and Biosphere Program of the United 
Nations Educational, Scientific, and Cultural Organization shall not 
have, and shall not be given, any force or effect, unless the Biosphere 
Reserve--
            ``(1) is specifically authorized by a law enacted after the 
        date of enactment of the American Land Sovereignty Protection 
        Act of 1996 and before December 31, 1999;
            ``(2) consists solely of lands that on the date of that 
        enactment are owned by the United States; and
            ``(3) is subject to a management plan that specifically 
        ensures that the use of intermixed or adjacent non-Federal 
        property is not limited or restricted as a result of that 
        designation.
    ``(c) The Secretary of State shall submit an annual report on each 
Biosphere Reserve within the United States to the Chairman and Ranking 
Minority member of the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, that contains the following information for each reserve:
            ``(1) An accounting of all money expended to manage the 
        reserve.
            ``(2) A summary of Federal full time equivalent hours 
        related to management of the reserve.
            ``(3) A list and explanation of all nongovernmental 
        organizations contributing to the management of the reserve.
            ``(4) A summary and account of the disposition of the 
        complaints received by the Secretary related to management of 
        the reserve.''.

SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.

    Title IV of the National Historic Preservation Act Amendments of 
1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end 
the following new section:
    ``Sec. 404. (a) No Federal official may nominate, classify, or 
designate any lands owned by the United States and located within the 
United States for a special or restricted use under any international 
agreement unless such nomination, classification, or designation is 
specifically authorized by law. The President may from time to time 
submit to the Speaker of the House of Representatives and the President 
of the Senate proposals for legislation authorizing such a nomination, 
classification, or designation.
    ``(b) A nomination, classification, or designation of lands owned 
by a State or local government, under any international agreement shall 
have no force or effect unless the nomination, classification, or 
designation is specifically authorized by a law enacted by the State or 
local government, respectively.
    ``(c) A nomination, classification, or designation of privately 
owned lands under any international agreement shall have no force or 
effect without the written consent of the owner of the lands.
    ``(d) This section shall not apply to--
            ``(1) sites nominated under the Convention on Wetlands of 
        International Importance Especially as Waterfowl Habitat 
        (popularly known as the Ramsar Convention);
            ``(2) agreements established under section 16(a) of the 
        North American Wetlands Conservation Act (16 U.S.C. 4413); and
            ``(3) conventions referred to in section 3(h)(3) of the 
        Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
    ``(e) In this section, the term `international agreement' means any 
treaty, compact, executive agreement, convention, or bilateral 
agreement between the United States or any agency of the United States 
and any foreign entity or agency of any foreign entity, having a 
primary purpose of conserving, preserving, or protecting the 
terrestrial or marine environment, flora, or fauna.''.

SEC. 6. CLERICAL AMENDMENT.

    Section 401(b) of the National Historic Preservation Act Amendments 
of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on 
Natural Resources'' and inserting ``Committee on Resources''.