[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[Senate]
[Pages S4969-S4972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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''.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 2576. A bill to establish the Northern Rio Grande National 
Heritage Area in the State of New Mexico, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation to 
establish the Northern Rio Grande National Heritage Area in northern 
New Mexico. The national heritage area will be established as part of a 
collaborative effort between local residents, Indian tribes, 
businesses, and local governments, who are coming together to preserve 
the area.
  By establishing the Northern Rio Grande National Heritage Area, I 
hope to commemorate the significant but complex heritage of northern 
New Mexico communities and Indian tribes, from the pre-Spanish 
colonization period to present day. Establishing a national heritage 
area will benefit the northern New Mexico communities, local residents, 
students, and visitors, as well as help the local protection and 
interpretation of the unique cultural, historical, and natural 
resources of northern New Mexico. By introducing this legislation, it 
is my hope that we will not only honor the past, but also inspire the 
future.
  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. 2576

       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 ``Northern Rio Grande National 
     Heritage Area Act''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) northern New Mexico encompasses a mosaic of cultures 
     and history, including several Indian tribes and the 
     descendants of Spanish ancestors who settled in the area in 
     1598;
       (2) the combination of cultures, languages, folk arts, 
     customs, and architecture make northern New Mexico unique;
       (3) the area includes spectacular natural, scenic, and 
     recreational resources;
       (4) there is broad support from local governments and 
     interested individuals to establish a National Heritage Area 
     to coordinate and assist in the preservation and 
     interpretation of these resources;
       (5) in 1991, the National Park Service study Alternative 
     Concepts for Commemorating Spanish Colonization identified 
     several alternatives consistent with the establishment of a 
     National Heritage Area, including conducting a comprehensive 
     archaeological and historical research program, coordinating 
     a comprehensive interpretation program, and interpreting a 
     cultural heritage scene; and
       (6) establishment of a National Heritage Area in northern 
     New Mexico would assist local communities and residents in 
     preserving these unique cultural, historical and natural 
     resources.

     SEC. 3. DEFINITIONS.

       As used in this Act--
       (1) the term ``heritage area'' means the Northern Rio 
     Grande Heritage Area; and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the 
     Northern Rio Grande National Heritage Area in the State of 
     New Mexico.
       (b) Boundaries.--The heritage area shall include the 
     counties of Santa Fe, Rio Arriba, and Taos in the State of 
     New Mexico.
       (c) Management Entity.--The Northern Rio Grande National 
     Heritage Area, Inc., a non-profit corporation chartered in 
     the State of New Mexico, shall serve as the management entity 
     for the heritage area.

     SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Management Plan.--Not later than 3 years after the date 
     of enactment of this Act, the management entity shall develop 
     and forward to the Secretary a management plan for the 
     heritage area.
       (2) The management entity shall develop the management plan 
     in cooperation with affected communities, tribal and local 
     governments and shall provide for public involvement in the 
     development and implementation of the management plan.
       (3) The management plan shall, at a minimum--
       (A) provide recommendations for the conservation, funding, 
     management, and development of the resources of the heritage 
     area;
       (B) identify sources of funding;
       (C) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     heritage area;
       (D) provide recommendations for educational and 
     interpretive programs to inform the public about the 
     resources of the heritage area; and
       (E) an analysis of ways in which local, State, Federal, and 
     tribal programs may best be coordinated to promote the 
     purposes of this Act.
       (4) If the management entity fails to submit a management 
     plan to the Secretary as provided in paragraph (1), the 
     heritage area shall no longer be eligible to receive Federal

[[Page S4972]]

     funding under this Act until such time as a plan is submitted 
     to the Secretary.
       (5)(A) The Secretary shall approve or disapprove the 
     management plan within 90 days after the date of submission.
       (B) If the Secretary disapproves the management plan, the 
     Secretary shall advise the management entity in writing of 
     the reasons therefor and shall make recommendations for 
     revisions to the plan.
       (6) The management entity shall periodically review the 
     management plan and submit to the Secretary any 
     recommendations for proposed revisions to the management 
     plan. Any major revisions to the management plan must be 
     approved by the Secretary.
       (b) Authority.--The management entity may make grants and 
     provide technical assistance to tribal and local governments, 
     and other public and private entities to carry out the 
     management plan.
       (c) Duties.--The management entity shall--
       (1) give priority in implementing actions set forth in the 
     management plan;
       (2) coordinate with tribal and local governments to better 
     enable them to adopt land use policies consistent with the 
     goals of the management plan;
       (3) encourage by appropriate means economic viability in 
     the heritage area consistent with the goals of the management 
     plan; and
       (4) assist local and tribal governments and non-profit 
     organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the heritage area;
       (B) developing recreational resources in the heritage area;
       (C) increasing public awareness of, and appreciation for, 
     the cultural, historical, archaeological and natural 
     resources and sites in the heritage area;
       (D) the restoration of historic structures related to the 
     heritage area; and
       (E) carrying out other actions that the management entity 
     determines appropriate to fulfill the purposes of this Act.
       (d) Prohibition on Acquiring Real Property.--The management 
     entity may not use Federal funds received under this Act to 
     acquire real property or an interest in real property.
       (e) Public Meetings.--The management entity shall hold 
     public meetings at least annually regarding the 
     implementation of the management plan.
       (f) Annual Reports and Audits.--(1) For any year in which 
     the management entity receives Federal funds under this Act, 
     the management entity shall submit an annual report to the 
     Secretary setting forth accomplishments, expenses and income, 
     and each entity to which any grant was made by the management 
     entity.
       (2) The management entity shall make available to the 
     Secretary for audit all records relating to the expenditure 
     of Federal funds and any matching funds. The management 
     entity shall also require, with respect to all agreements 
     authorizing expenditure of Federal funds by other 
     organizations, that the receiving organization make available 
     to the Secretary for audit all records concerning the 
     expenditure of those funds.

     SEC. 6. DUTIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon request of the management entity, provide technical and 
     financial assistance to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, archaeological, scenic, and recreational 
     resources of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources and associated values of the heritage area.

     SEC. 7. SAVINGS PROVISIONS.

       (a) No Effect on Private Property.--Nothing in this Act 
     shall be construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, tribal, or local governments to regulate any 
     use of privately owned lands; or
       (2) to grant the management entity any authority to 
     regulate the use of privately owned lands.
       (b) Authority of Governments.--Nothing in this Act shall be 
     construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, tribal, or local governments to manage or 
     regulate any use of land as provided for by law or 
     regulation; or
       (2) to authorize the management entity to assume any 
     management authorities over such lands.

     SEC. 8. SUNSET.

       The Secretary may not make any grant or provide any 
     financial assistance under this Act after September 30, 2017.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $10,000,000 to carry 
     out this Act. Not more than $1,000,000 may be appropriated 
     for any fiscal year. The Federal share of the costs for any 
     activity funded under this Act shall not exceed 50 percent.
                                 ______
                                 
      By Mr. FITZGERALD (for himself, Mr. Schumer, Mr. DeWine, Mr. 
        Bingaman, Ms. Collins, Mr. Nelson of Florida, Mr. McCain, Mr. 
        Jeffords, Mr. Torricelli, and Mrs. Clinton):
  S. 2577. A bill to repeal the sunset of the Economic Growth and Tax 
Relief Reconciliation Act of 2001 with respect to the exclusion from 
Federal income tax for restitution received by victims of the Nazi 
Regime; to the Committee on Finance.
  Mr. FITZGERALD. 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. 2577

       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 ``Holocaust Restitution Tax 
     Fairness Act of 2002''.

     SEC. 2. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC 
                   GROWTH AND TAX RELIEF RECONCILIATION ACT OF 
                   2001 WITH RESPECT TO EXCLUSION FROM FEDERAL 
                   INCOME TAX FOR RESTITUTION RECEIVED BY VICTIMS 
                   OF NAZI REGIME.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended by adding at the end 
     the following new subsection:
       ``(c) Exception.--Subsection (a) shall not apply to section 
     803 (relating to no federal income tax on restitution 
     received by victims of the Nazi regime or their heirs or 
     estates).''.

                          ____________________