[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2575 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2575

To preserve the sovereignty of the United States over property owned by 
   the United States, to preserve State sovereignty over and private 
 property rights in non-Federal property surrounding Federal Property, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2002

  Mr. Smith of New Hampshire introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To preserve the sovereignty of the United States over property owned by 
   the United States, to preserve State sovereignty over and private 
 property rights in non-Federal property surrounding Federal Property, 
                        and for other purposes.

    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''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the power to dispose of and make all necessary rules 
        governing property belonging to the United States is vested in 
        Congress under section 3 of article IV of the Constitution;
            (2) some Federal property designations under international 
        agreements concern land use policies and regulations for 
        property belonging to the United States that, under section 3 
        of article IV of the Constitution, can be implemented only by 
        an Act of Congress;
            (3) some international property 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, that have no legislative 
        directive or authorization from Congress;
            (4) actions by the United States in making such 
        designations may affect the use and value of nearby non-Federal 
        property;
            (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 property 
        belonging to the United States under international agreements 
        in some cases conflict with congressional constitutional 
        responsibilities and the sovereign powers of the States; and
            (8) actions by the President in applying certain 
        international agreements to property owned by the United States 
        diminish the authority of Congress to make rules respecting the 
        property.
    (b) Purposes.--The purposes of this Act are--
            (1) to reaffirm the power of Congress under section 3 of 
        article IV of the Constitution over international agreements 
        that concern disposal, management, and use of property 
        belonging to the United States;
            (2) to protect State powers not reserved to the Federal 
        Government under the Constitution from Federal actions 
        designating property under international agreements;
            (3) to ensure that no United States citizen suffers any 
        diminishment or loss of individual rights as a result of 
        Federal action designating property under an international 
        agreement for the purpose of imposing restrictions on use of 
        the property;
            (4) to protect private interests in property from 
        diminishment as a result of Federal action designating property 
        under international agreements; and
            (5) to provide a process under which the United States may, 
        when it is desirable to do so, designate property under an 
        international agreement.

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) by striking ``Sec. 401. (a)'' and inserting the 
        following:

``SEC. 401. PARTICIPATION BY THE UNITED STATES.

    ``(a) In General.--'';
            (2) in the first sentence of subsection (a)--
                    (A) by striking ``The Secretary of the Interior'' 
                and inserting ``Subject to subsections (b), (c), (d), 
                and (e), the Secretary of the Interior (referred to in 
                this section as the `Secretary')''; and
                    (B) by inserting ``(referred to in this section as 
                the `Convention')'' after ``1973'';
            (3) in subsection (b)--
                    (A) by striking ``(b) The Secretary of the 
                Interior'' and inserting ``(b) Nomination of Property 
                to World Heritage Committee.--The Secretary''; and
                    (B) in the fourth sentence--
                            (i) by striking ``Representatives and'' and 
                        inserting ``Representatives,''; and
                            (ii) by inserting before the final period 
                        ``, and the appropriate State and local 
                        governments'';
            (4) in subsection (c), by striking ``(c) No non-Federal 
        property may be nominated by the Secretary of the Interior'' 
        and inserting ``(c) Nomination of Non-Federal Property to World 
        Heritage Committee.--No non-Federal property may be nominated 
        by the Secretary''; and
            (5) by adding at the end the following:
    ``(d) Requirements for Nomination of Properties.--The Secretary 
shall not nominate a property under subsection (b) unless--
            ``(1) the Secretary publishes a proposed nomination in the 
        Federal Register and conducts a proceeding under sections 555, 
        556, and 557, of title 5, United States Code;
            ``(2) the Secretary, in carrying out the proceeding 
        described in paragraph (1)--
                    ``(A) considers--
                            ``(i) natural resources associated with the 
                        property proposed to be nominated and other 
                        property located within 10 miles of the 
                        property to be nominated; and
                            ``(ii) the impact that inclusion of the 
                        property proposed to be nominated on the World 
                        Heritage List would have on existing and future 
                        uses of the property proposed to be nominated 
                        or other property located within 10 miles of 
                        the property to be nominated; and
                    ``(B) determines that commercially viable uses (in 
                existence on the date of the nomination) of the 
                property proposed to be nominated and of other property 
                located within 10 miles of the property proposed to be 
                nominated will not be adversely affected by inclusion 
                of the property on the World Heritage List; and
            ``(3) the Secretary submits to Congress a report that--
                    ``(A) contains the information described in 
                subparagraphs (A) and (B);
                    ``(B) describes the necessity for including the 
                property on the list; and
                    ``(C) proposes legislation authorizing nomination 
                of the property; and
            ``(4) the nomination is specifically authorized by an Act 
        of Congress enacted after the date of the report.
    ``(e) Objection to Inclusion of Property.--The Secretary shall 
object to the inclusion of 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 submits to Congress the report required 
        under subsection (d)(1)(C); and
            ``(2) the Secretary is specifically authorized to assent to 
        the inclusion of the property on the list by an Act of Congress 
        enacted after the date of submission of the report under 
        paragraph (1).
    ``(f) Decisionmaking.--Notwithstanding any provision of the 
Convention, all land management decisions with respect to any Federal 
or State land shall remain the responsibility of the land management 
agency that administers the land.''.

SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED 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:

``SEC. 403. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS 
              BIOSPHERE RESERVES.

    ``(a) In General.--No Federal official may nominate property 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 unless--
            ``(1) the Secretary of State publishes a proposed 
        nomination in the Federal Register and conducts a proceeding 
        under sections 555, 556, and 557, of title 5, United States 
        Code;
            ``(2) the Secretary of State, in carrying out the 
        proceeding described in paragraph (1)--
                    ``(A) considers--
                            ``(i) natural resources associated with the 
                        property proposed to be nominated and other 
                        property located within 10 miles of the 
                        property to be nominated; and
                            ``(ii) the impact that inclusion of the 
                        property proposed to be designated as a 
                        Biosphere would have on existing and future 
                        uses of the property proposed to be nominated 
                        or other property located within 10 miles of 
                        the property to be nominated;
                    ``(B) determines that commercially viable uses (in 
                existence on the date of the nomination) of the 
                property proposed to be nominated and of other property 
                located within 10 miles of the property proposed to be 
                nominated will not be adversely affected by designation 
                of the property as a Biosphere; and
            ``(3) the Secretary of State submits to Congress a report 
        that--
                    ``(A) contains the information described in 
                subparagraphs (A) and (B);
                    ``(B) describes the necessity for including the 
                property in the program; and
                    ``(C) proposes legislation authorizing nomination 
                of the property; and
            ``(4) the nomination is specifically authorized by an Act 
        of Congress enacted after the date of the report.
    ``(b) Objection to Inclusion of Property.--The Secretary of State 
shall object to the designation of property in the United States as a 
Biosphere Reserve under the Man and Biosphere Program of the United 
Nations Educational, Scientific, and Cultural Organization, unless--
            ``(1) the Secretary of State submits Congress the report 
        required under subsection (a)(1)(C); and
            ``(2) the Secretary of State is specifically authorized to 
        assent to the inclusion of the property on the list by an Act 
        of Congress enacted after the date of submission of the report 
        under paragraph (1).
    ``(c) Properties Designated Before Date of Enactment.--Any 
designation of property in the United States as a Biosphere Reserve 
under the Man and Biosphere Program of the United Nations Educational, 
Scientific, and Cultural Organization made before the date of enactment 
of this section shall terminate on December 31, 2003, unless the 
Biosphere Reserve--
            ``(1) is specifically authorized by a law enacted after the 
        date of enactment of this section and before December 31, 2003;
            ``(2) consists solely of property that on the date of 
        enactment of this section is owned by the United States; and
            ``(3) is subject to a management plan that specifically 
        ensures that the use of nearby non-Federal property is not 
        limited or restricted as a result of the designation.
    ``(d) Decisionmaking.--Notwithstanding any provision of the 
Convention, all land management decisions with respect to any Federal 
or State land shall remain the responsibility of the land management 
agency that administers the land.''.

SEC. 5. TECHNICAL AMENDMENTS.

    Title IV of the National Historic Preservation Act Amendments of 
1980 (16 U.S.C. 470a-1 et seq.) is amended--
            (1) in the last sentence of section 401(b), by striking 
        ``Committee on Natural Resources'' and inserting ``Committee on 
        Resources''; and
            (2) in section 402, by striking ``Sec. 402. Prior to the 
        approval'' and inserting the following:

``SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS 
              OUTSIDE THE UNITED STATES.

    ``Prior to the approval''.
                                 <all>