[Congressional Record Volume 144, Number 65 (Wednesday, May 20, 1998)]
[Senate]
[Pages S5224-S5226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2098. 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

[[Page S5225]]

lands; to the Committee on Energy and Natural Resources.


                american land sovereignty protection act

  Mr. CAMPBELL. Mr. President, as a strong supporter of American public 
lands and private property rights, I am concerned about the setting 
aside of public lands by the federal government for international 
agreements and oversight. The absence of congressional oversight in 
such programs as the United Nations Biosphere Reserve is of special 
concern to me. The United Nations has designated 47 ``Biosphere 
Reserves'' in the United States which contain a total area greater than 
the size of my home state of Colorado. That is why today I introduce 
companion legislation to H.R. 901, the American Land Sovereignty 
Protection Act, introduced by Representative Don Young, to preserve 
American sovereignty and halt the extension of the executive branch 
into congressional constitutional authority.
  We are facing a threat to our sovereignty by the creation of these 
land reserves in our public lands. I also believe the rights of private 
landowners must be protected if these international land designations 
are made. Even more disturbing is the fact the executive branch elected 
to be a party to this ``Biosphere Reserve'' program without the 
approval of Congress or the American people. The absence of 
congressional oversight in this area is a serious concern.
  In fact most of these international land reserves have been created 
with minimal, if any, congressional input or oversight or public 
consultation. Congress must protect individual property owners, local 
communities, and State sovereignty which may be adversely impacted 
economically by any such international agreements.
  The current system for implementing international land reserves 
diminishes the power and sovereignty of the Congress to exercise its 
constitutional power to make laws that govern lands belonging to the 
United States. The executive branch may be indirectly agreeing to terms 
of international treaties, such as the Convention of Biodiversity, to 
which the United States is not a party, and one which our country has 
refused to ratify.
  A ``Biosphere Reserve'' is a federally-zoned and coordinated region 
that could prohibit certain uses of private lands outside of the 
designated international area. The executive branch is agreeing to 
manage the designated area in accordance with an underlying agreement 
which may have implications on non-federal land outside the affected 
area. When residents of Arkansas discovered a plan by the United 
Nations and the administration to advance a proposed ``Ozark Highland 
Man and Biosphere Reserve'' without public input, the plan was 
withdrawn in the face of public pressure. This type of stealth tactic 
to accommodate international interests does not serve the needs and 
desires of the American people. Rather, it is an encroachment by the 
Executive branch on congressional authority.
  As policymaking authority is further centralized at the executive 
branch level, the role of ordinary citizens in the making of this 
policy through their elected representatives is diminished. The 
administration has allowed some of America's most symbolic monuments of 
freedom, such as the Statue of Liberty and Independence Hall to be 
listed as World Heritage Sites. Furthermore the United Nations has 
listed national parks including Yellowstone National Park--our nation's 
first national park.
  Federal legislation is needed to require the specific approval of 
Congress before any area within the borders of United States is made 
part of an international land reserve. My bill reasserts Congress' 
constitutional role in the creation of rules and regulations governing 
lands belonging to the United States and its people.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2098

       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 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 (Public Law 96-515; 94 Stat. 2987) is 
     amended--
       (1) in subsection (a) in the first sentence, by--
       (A) striking ``The Secretary'' and inserting ``Subject to 
     subsections (b), (c), (d), and (e), the Secretary''; and
       (B) inserting ``(in this section referred to as the 
     `Convention')'' after ``1973''; and
       (2) by adding at the end the following new subsections:
       ``(d)(1) The Secretary of the Interior may not nominate any 
     lands owned by the United States for inclusion on the World 
     Heritage List pursuant to the Convention, unless--
       ``(A) the Secretary finds with reasonable basis that 
     commercially viable uses of the nominated lands, and 
     commercially viable uses of other lands located within 10 
     miles of the nominated lands, in existence on the date of the 
     nomination will not be adversely affected by inclusion of the 
     lands on the World Heritage List, and publishes that finding;
       ``(B) the Secretary has submitted to the Congress a report 
     describing--
       ``(i) natural resources associated with the lands referred 
     to in subparagraph (A); and
       ``(ii) the impacts that inclusion of the nominated lands on 
     the World Heritage List would have on existing and future 
     uses of the nominated lands or other lands located within 10 
     miles of the nominated lands; and
       ``(C) the nomination is specifically authorized by a law 
     enacted after the date of enactment of the American Land 
     Sovereignty Protection Act and after the date of publication 
     of a finding under subparagraph (A) for the nomination.
       ``(2) The President may submit to the Speaker of the House 
     of Representatives and the President of the Senate a proposal 
     for legislation authorizing such a nomination after 
     publication of a finding under paragraph (1)(A) for the 
     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 of Representatives and the President of the Senate a 
     report describing--
       ``(A) the necessity for including that property on the 
     list;
       ``(B) the natural resources associated with the property; 
     and

[[Page S5226]]

       ``(C) the impacts that inclusion of the property on the 
     list would have on existing and future uses of the property 
     and other property located within 10 miles of the property 
     proposed for inclusion; 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 after the date of submittal of the 
     report required by paragraph (1).''.
       ``(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 of the 
     Committee on Energy and Natural Resources of the Senate, that 
     contains for the year covered by the report the following 
     information for the 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 that contributed 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 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 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 on or before the date of enactment of 
     the American Land Sovereignty Protection Act 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 
     that date of enactment and before December 31, 2000;
       ``(2) consists solely of lands that on that date of 
     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 
     for the year covered by the report the following information 
     for the 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 that contributed 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, including commercial, 
     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, under 
     any international agreement, of lands owned by a State or 
     local government 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, under 
     any international agreement, of privately owned lands shall 
     have no force or effect without the written consent of the 
     owner of the lands.
       ``(d) This section shall not apply to--
       ``(1) agreements established under section 16(a) of the 
     North American Wetlands Conservation Act (16 U.S.C. 4413); 
     and
       ``(2) 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, 
     bilateral agreement, or multilateral 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''.
                                 ______