[Congressional Record Volume 144, Number 50 (Wednesday, April 29, 1998)]
[Senate]
[Page S3789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM (by request):
  S. 2006. A bill to amend the Act establishing the Keweenaw National 
Historical Park, and for other purposes; to the Committee on Energy and 
Natural Resources.


                   keweenaw national historical park

  Mr. ABRAHAM. Mr. President, on behalf of the administration, I rise 
today to introduce legislation to amend the Act establishing the 
Keweenaw National Historical Park, and for other purposes. I ask 
unanimous consent that the administration's letter of transmittal, the 
bill, and a section-by-section analysis of the legislation be printed 
in the Record for the information of my colleagues.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 2006

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
       That section 9(c) of the Act to establish the Keweenaw 
     National Historical Park (Public Law 102-543, approved 
     October 27, 1992), is amended as follows:
       (1) In paragraph (A), by striking ``from nominees'' and 
     inserting ``after consideration of nominees''.
       (2) In paragraph (B), by striking ``from nominees'' and 
     inserting ``after consideration of nominees''.
       (3) In paragraph (C), by striking ``from nominees'' and 
     inserting ``after consideration of nominees''.
       (4) In paragraph (D), by striking ``from nominees'' and 
     inserting ``after consideration of nominees''.
                                  ____


    Section-by-Section Analysis--Keweenaw National Historical Park 
                               Amendments

       This bill would amend the enabling legislation for the 
     Keweenaw National Historical Park in Michigan to correct the 
     language of the membership section for the Keweenaw National 
     Historical Park Advisory Commission. The new language will 
     alleviate constitutional concerns about the appointment 
     process for the commission.
                                  ____

                                  U.S. Department of the Interior,


                                      Office of the Secretary,

                                Washington, DC, February 23, 1998.
     Hon. Albert Gore, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft bill, ``To amend 
     the Act establishing the Keweenaw National Historical Park, 
     and for other purposes.''
       We recommend the bill be introduced, referred to the 
     appropriate committee for consideration, and enacted.
       This bill will facilitate the appointment of the Keweenaw 
     National Historical Park Advisory Commission for this 
     Michigan park. The existing statute raises constitutional 
     concerns by directing the Secretary of the Interior to 
     appoint to the Commission persons nominated by state and 
     local officials. The Department of Justice has opined that 
     this procedure does not satisfy the requirements imposed by 
     the Appointments Clause (U.S. Const. Art. II, Sec. 2, cl. 2) 
     for appointments of federal officers. Accordingly, former 
     President Bush signed the existing law on the express 
     understanding that the commission would serve only in an 
     advisory capacity and would not exercise executive authority. 
     The proposed amendments will eliminate the need for this 
     limiting construction of the commission's duties.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the enclosed draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,

                                                 Donald Barry,

                                    Acting Assistant Secretary for
                                      Fish and Wildlife and Parks.
       Enclosures.
                                 ______