[Congressional Record (Bound Edition), Volume 145 (1999), Part 17]
[House]
[Page 24986]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 24986]]

       KEWEENAW NATIONAL HISTORICAL PARKS ADVISORY COMMISSION ACT

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 748) to amend the Act that established the Keweenaw National 
Historical Park to require the Secretary of the Interior to consider 
nominees of various local interests in appointing members of the 
Keweenaw National Historical Parks Advisory Commission, as amended.
  The Clerk read as follows:

                                H.R. 748

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

     SECTION 1. APPOINTMENTS TO KEWEENAW NATIONAL HISTORICAL PARK 
                   ADVISORY COMMISSION.

       Section 9(c)(1) of the Act entitled ``An Act to establish 
     the Keweenaw National Historical Park, and for other 
     purposes'' (Public Law 102-543; 16 U.S.C. 410yy-8(c)(1)) is 
     amended by striking ``from nominees'' each place it appears 
     and inserting ``after consideration of nominees''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from Puerto Rico (Mr. 
Romero-Barcelo) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).


                             General Leave

  Mr. SHERWOOD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 748, introduced by the 
gentleman from Michigan (Mr. Stupak). H.R. 748 is a simple yet 
necessary bill that amends the Keweenaw National Historical Park Act to 
require the Secretary of the Interior to consider nominees of various 
local interests in appointing members of the Keweenaw National 
Historical Park Advisory Commission.

                              {time}  1745

  The existing statute establishing the Keweenaw National Historical 
Park Advisory Commission states that members shall be appointed from 
nominees submitted by various local government entities. Apparently 
this has raised constitutional concerns as the statute directs the 
Secretary of the Interior to appoint to the commission persons 
nominated by State and local officials. The Department of Justice has 
stated that this procedure does not satisfy the requirements imposed by 
the appointments clause for Federal officers. H.R. 748 addresses these 
constitutional concerns by striking from nominees each place it appears 
and inserting after consideration of nominees.
  This bill has the support of the administration and minority, and I 
urge my colleagues also to support H.R. 748.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 748 submitted by the gentleman 
from Michigan (Mr. Stupak). The Keweenaw National Historical Park is 
located on the Keweenaw peninsula of Lake Superior in northeastern 
Michigan. The park was established in 1992 to preserve the area's rich 
copper mining history as well as the oldest and largest lava flow on 
earth. The first time I ever knew that there was any volcano in 
America.
  The original legislation authorizing the park specified that the 
Secretary of the Interior was to appoint members of the park's advisory 
commission from among individuals nominated by State and local 
officials only. The Department of Justice found that such a restriction 
on the Secretary's authority conflicted with the appointments clause of 
the Constitution. As a result, the commission has never been assembled, 
and H.R. 748 would amend the authorizing statute to alter the terms 
under which the Secretary may nominate advisory committee members. The 
legislation makes clear that while the Secretary must consider State 
and local nominees, he may appoint commission members at will. Such a 
change would allow the commission to begin fulfilling its important 
role as a means of local input and coordination for this important 
park. This has bipartisan support, Mr. Speaker, and we urge our 
colleagues to support H.R. 748
  Mr. Speaker, I reserve the balance of my time.
  Mr. SHERWOOD. Mr. Speaker, I have no more requests for time, and I 
reserve the balance of my time.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Michigan (Mr. Stupak).
  Mr. STUPAK. Mr. Speaker, I wish to thank the gentleman for yielding 
this time to me.
  Mr. Speaker, the bill before us today, H.R. 748, is a 
noncontroversial measure that will simply make a technical correction 
to the act that established the Keweenaw National Historic Park. 
Although this measure might be considered insignificant when compared 
with many of the other pieces of legislation considered in this body, 
H.R. 748 is very important to the people, the culture, and the history 
of Michigan's upper peninsula and especially to the Keweenaw peninsula. 
H.R. 748 would facilitate the appointment of the Keweenaw National 
Historic Park Advisory Commission for this park located in my district. 
This correction will help the commission assume a greater role in the 
development of the park.
  The Keweenaw peninsula at one time, Mr. Speaker, was a flourishing 
economic region in the center for copper mining. This remarkable copper 
mining history is matched by the extensive commercial fishing and 
maritime history of the massive Lake Superior which surrounds the 
peninsula. The splendor and the people of the Keweenaw peninsula rival 
many, if not most, of the national parks and monuments throughout our 
Nation.
  I wish to thank the chairman of the Committee on Resources, the 
gentleman from Alaska (Mr. Young), the gentleman from Pennsylvania (Mr. 
Sherwood) and the ranking Democratic member, the gentleman from 
California (Mr. Miller) for expediting the consideration of this 
legislation. I also want to thank the chairman of the Subcommittee on 
National Parks, the gentleman from Utah (Mr. Hansen) and the ranking 
subcommittee Democrat, the gentleman from Puerto Rico (Mr. Romero-
Barcelo) the resident commissioner for Puerto Rico for their 
assistance.
  Mr. Speaker, H.R. 748 is very important to the future of the Keweenaw 
peninsula and the preservation of its rich and extensive history, and I 
wish to thank my colleagues for their support of this measure.
  Mr. ROMERO-BARCELO. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. SHERWOOD. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Sherwood) that the 
House suspend the rules and pass the bill, H.R. 748, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
the Act that established the Keweenaw National Historical Park to 
require the Secretary of the Interior to consider nominees of various 
local interests in appointing members of the Keweenaw National 
Historical Park Advisory Commission.''.
  A motion to reconsider was laid on the table.

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