[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[Senate]
[Pages S4969-S4971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire:
  S. 2575. 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; to the Committee on Energy and 
Natural Resources.
  Mr. SMITH of New Hampshire. Mr. President, I would like to take this 
opportunity to introduce the Senate version of the American Land 
Sovereignty Act of 2002. Quite simply, this

[[Page S4970]]

legislation would help to ensure American sovereignty over property and 
private property rights will be part of the World Heritage Program and 
the United Nations Man and Biosphere Program. The two programs 
referenced in this legislation are international land conservation 
programs in which the U.S. is a signatory and active participant. As 
written, these international agreements could impose international land 
use policy on the United States and have a terrible consequence on 
private property owners by prohibiting or limiting the use of private 
land located near any designated sites. Put simply, the intent of my 
legislation is to protect private property rights.
  The purpose of the World Heritage Convention is to identify and list 
worldwide natural and cultural sites and monuments considered to be of 
such exceptional interest and such universal value that their 
protection is the responsibility of all mankind. Each country adopting 
the Convention, which the United States did in 1973, pledges to protect 
listed sites and monuments within its borders. Twenty U.S. sites are 
listed, including many of our own natural wonders like Yellowstone and 
Grant Canyon National Parks.
  The purpose of the Biosphere Reserve Program is to promote 
cooperation and communication among a worldwide network of areas that 
would include all major ecosystems. Under the Program, countries can 
nominate an area for inclusion into the Program based on the area's 
significance for ecological research and study of representative 
biological regions of the world. There are currently 47 biosphere 
reserves in the U.S., including Everglades and Dry Tortugas National 
Parks, Glacier National Park, and the New Jersey Pinelands.
  While the intentions of both of these programs are admirable, the 
United States should not participate without assurances that American 
sovereignty and private property rights are protected above all else. I 
have been deeply concerned with the erosion of U.S. sovereignty by 
various international agreements for some time and have grave concerns 
with any action by the United Nations, or any other body, that would 
infringe upon private property rights.
  The American Land Sovereignty Protection Act aims to protect the 
sovereignty of the U.S. and the rights of private property owners by 
requiring congressional approval before any area within the borders of 
the United States is made a part of an international land reserve. In 
so doing, this bill asserts the constitutional power of Congress to 
exercise its right and responsibility to preserve and protect the 
rights of individual property owners, and create laws that govern lands 
belonging to the United States.
  Given that inclusion of an area into one of these programs could 
cause an adverse impact on the value or use of private property in the 
area and on the local and regional economy, the legislation also 
requires that any nominations made to these two programs undergo public 
comment. Additionally, I will be giving full consideration to adding a 
provision that will allow States, local governments, or private 
property owners a veto right over any nomination. I look forward to 
exploring this possibility as the legislation moves through the Senate.
  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. 2575

       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.

[[Page S4971]]

       ``(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.''.
       ``(c) 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''.
                                 ______