Congressional Record, Volume 157 Issue 146 (Monday, October 3, 2011)

[Congressional Record Volume 157, Number 146 (Monday, October 3, 2011)]
[House]
[Pages H6480-H6481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONVEYING SUBMERGED LANDS TO NORTHERN MARIANA ISLANDS

Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 670) to convey certain submerged lands to the
Commonwealth of the Northern Mariana Islands in order to give that
territory the same benefits in its submerged lands as Guam, the Virgin
Islands, and American Samoa have in their submerged lands.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 670

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. CONVEYANCE OF CERTAIN SUBMERGED LANDS TO THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(a) In General.--The first section of Public Law 93-435 (48
U.S.C. 1705) is amended by inserting ``the Commonwealth of
the Northern Mariana Islands,'' after ``Guam,'' each place it
appears.
(b) References to Date of Enactment.--For the purposes of
the amendment made by subsection (a), each reference in
Public Law 93-435 (48 U.S.C. 1705) to the ``date of
enactment'' shall be considered to be a reference to the date
of the enactment of this section.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from the Northern Mariana Islands
(Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Utah.

General Leave

Mr. BISHOP of Utah. I ask unanimous consent that all Members may have
5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. I yield myself such time as I may consume.
It is my pleasure to be here on this particular bill, H.R. 670. It
conveys, as was mentioned in the title, 3 miles of submerged lands to
the Commonwealth of the Northern Mariana Islands. This authority will
give the Pacific territory similar authority and benefits as are
currently enjoyed by many coastal States and other U.S. territories,
specifically Guam, the Virgin Islands and American Samoa.
The last Congress passed similar legislation out of the House by a
rollcall vote of 416-0, and I hope we can beat that record today. I am
pleased to have been able to work on this, and I thank the gentleman
from the Northern Marianas (Mr. Sablan) for actually presenting this
particular bill to us. It is a good piece of legislation.
I reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. SABLAN asked and was given permission to revise and extend his
remarks.)

[[Page H6481]]

Mr. SABLAN. Mr. Speaker, I rise in support of H.R. 670, a bill that
conveys to the Commonwealth of the Northern Mariana Islands the 3 miles
of submerged lands surrounding each of our islands. I want to thank the
leaders from both sides of the aisle, particularly Chairman Hastings
and Ranking Member Markey of the Natural Resources Committee, and my
very good friend, Dr. John Fleming, chairman of the Fisheries,
Wildlife, Oceans and Insular Affairs Subcommittee, for their support of
H.R. 670.
I would like to note, also, that the language of H.R. 670 previously,
as my good friend has noted, passed the House in the 111th Congress by
a vote of 416-0. As we know sometimes happens, however, though
favorably reported from its committee of jurisdiction, the other body
took no final action. So I hope that Members of this House will join me
today in making a second effort to get this bill enacted into law.
The Northern Mariana Islands is the only United States coastal
jurisdiction that does not have ownership of the submerged lands off
its coasts. H.R. 670 corrects that irregularity and provides the same
ownership rights over the submerged lands surrounding the Northern
Marianas as are provided by Federal law to Guam, the U.S. Virgin
Islands, and American Samoa.
This bill provides equity to the people of the Northern Marianas. It
returns management of these near-shore lands and waters to those who
know them best and need them to be well-managed. It gives the people of
the Marianas, who have such limited land resources, the power to
protect and to benefit from the seas around our 14 islands.
To highlight the importance of this point, in 2006, Louisiana leased
392,118 acres of its submerged lands for oyster harvest, profiting the
State and providing an economic opportunity for holders of 8,167
leases. Likewise, the State of California leases tracts off its
submerged lands for oil and gas extraction, creating jobs and
contributing to the State's economy. Other coastal jurisdictions have
similar stories to tell about the important role that coastal lands and
waters can play in economic growth.
For the area I represent, which has suffered declining GDP year after
year since 2004 and a 20 percent drop in 2009, gaining control of
surrounding submerged lands could help to turn things around. Whereas
now the Federal Government is in charge and does nothing with the
potential of these lands, H.R. 670 would put the local government in
charge. We would be free to develop offshore wind farms or other energy
alternatives and be responsible for protecting the rare marine
environment, which is both our legacy and our trust, and also makes our
islands alluring to tourists.
What H.R. 670 does for the Northern Marianas is what this Congress
previously has done for other U.S. coastal jurisdictions. In the 1941
case of U.S. v. California, the Federal courts found that the Federal
Government owned the submerged lands off the shores of California and
other coastal States. These States then turned to Congress to regain
control of their submerged lands, and Congress granted these States
title to the waters and submerged lands out to 3 miles in the Submerged
Lands Act of 1953.

{time} 1650

History repeats itself here.
In 2005, the Ninth Circuit Court of Appeals ruled that the submerged
lands and waters off our coastline did not belong to the people of the
Northern Marianas--despite that we had fished and sailed there for at
least 3,500 years. The Ninth Circuit did recognize, however, that
Congress had the power to convey the submerged lands to the Marianas.
H.R. 670 does exactly that. H.R. 670 employs the constitutional
authority of this Congress to dispose of Federal property, the same
authority that Congress used to convey offshore lands to Guam, the
United States Virgin Islands, and American Samoa under the Territorial
Submerged Lands Act of 1974.
Finally, let me say there is great support for this legislation among
the people of the Northern Mariana Islands, so much so that when I was
sworn in as the first Representative of the Northern Mariana Islands in
the House of Representatives, this was my first bill. The Governor of
the Northern Marianas has expressed his support. The Northern Marianas
Legislature has passed a resolution in favor of a return to local
management. In addition, the Obama administration has expressed its
support for the conveyance of submerged lands to the people of the
Northern Mariana Islands.
This House, too, as I said at the beginning, has given overwhelming
support to the language of this bill, which passed the House
unanimously on July 15, 2009.
Once again, I ask for your support. H.R. 670 costs nothing. Congress
has the constitutional authority to enact this bill. It will provide
equity--the same ownership and responsibility for surrounding lands and
waters that every other coastal area of our Nation enjoys.
I want to thank all of those Members who are cosponsors of this bill,
and I ask that my colleagues support H.R. 670.
I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I urge the adoption of this
particular resolution.
I have no further requests for time, and I yield back the balance of
my time.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of
H.R. 670, ``To convey certain submerged lands to the Commonwealth of
the Northern Mariana Islands in order to give that territory the same
benefits in its submerged lands as Guam, the Virgin Islands, and
American Samoa have in their submerged lands'' conveys to the
government of the Commonwealth of the Northern Mariana Islands
submerged lands surrounding such Islands and extending three
geographical miles outward from their coastlines.
The Act provides the American public, more specifically the occupants
of the Commonwealth of the Northern Mariana Islands, with added ways to
use and enjoy land surrounding their coastlines. It is in a spirit of
encouraging the most beneficial use of natural resources that I support
the idea of providing an expanded use of otherwise unused land to the
Commonwealth of the Northern Mariana Islands. It is the responsibility
of all Members of Congress to fulfill our moral obligation to promote
harmony between Americans and their natural resources.
I urge my colleagues to join me in supporting H.R. 670, to convey
certain submerged lands to the Commonwealth of the Northern Mariana
Islands in order to give that territory the same benefits in its
submerged lands as Guam, the Virgin Islands, and American Samoa have in
their submerged lands.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 670.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

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