[Congressional Record Volume 157, Number 31 (Thursday, March 3, 2011)]
[House]
[Pages H1576-H1577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            By Mr. GOSAR:
        H.R. 922.
       Congress has the power to enact this legislation pursuant 
     to the following:
       It was explained by James Madison, in Federalist No. 45, 
     that the ``powers delegated to Congress in the proposed 
     constitution to the federal government are few and defined.'' 
     Mindful of this admonition, this proposed bill comports with 
     several enumerated powers granted to Congress. Congress has 
     the power to enact this legislation pursuant to the 
     following: Article I, Section 8, Clause 17: The Congress 
     shall have the power ``[t]o exercise exclusive Legislation in 
     all Cases whatsoever, . . . to exercise like Authority

[[Page H1577]]

     over all Places purchased by the Consent of the Legislature 
     of the State in which the Same shall be, for the Erection of 
     Forts, Magazines, Arsenals, dock-Yards, and other needful 
     Buildings.'' Thus, lands purchased and held by the Federal 
     Government, are within the exclusive jurisdiction of the 
     Federal Government for purposes of management, control, 
     disposition and if necessary, resolution of issues arising 
     out of such land use. That being said, nothing herein shall 
     be deemed an expansion of, or resolution of, the federal 
     government's power to purchase and then hold land 
     indefinitely and in substantial percentages as known in the 
     Western States if not ``needful'' for federal purposes.
       Further, the U.S. Supreme Court, in Collins v. Yosemite 
     Park & Curry Co., 304 U.S. 518, 529 (U.S. 1938), reasoned 
     that Clause 17 ``is not the sole authority'' for either 
     property acquisition or management, as ``[i]t has never been 
     necessary heretofore for this Court to determine whether or 
     not the United States has the constitutional right to 
     exercise jurisdiction over territory, within the geographical 
     limits of a State, acquired for purposes other than those 
     specified in Clause 17.''
       Further, the Constitution's Property Clause, Article IV, 
     Sec. 3, Clause 2, provides that ``Congress shall have the 
     power to dispose of and make all needful Rules and 
     Regulations respecting the Territory or other Property 
     belonging to the United States.'' This Management Clause as 
     currently understood conveys the express authority to 
     Congress to address issues and resolve matters involving 
     Federal Land. Additionally, Article I, Section 8, Clause 18, 
     further provides a constitutional basis for this Act as it 
     conveys the power to Congress to implement its enumerated 
     powers (but this clause cannot expand those powers) and 
     ``make all Laws which shall be necessary and proper'' for 
     executing and implementing enumerated powers.