[House Report 104-835]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-835
_______________________________________________________________________


 
            AMERICAN LAND SOVEREIGNTY PROTECTION ACT OF 1996

                                _______
                                

 September 24, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3752]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3752) to preserve the sovereignty of the United States 
over public lands and acquired lands owned by the United 
States, and to preserve State sovereignty and private property 
rights in non-Federal lands surrounding those public lands and 
acquired lands, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``American Land Sovereignty Protection 
Act of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds the following:
          (1) The power to dispose of and make all needful rules and 
        regulations governing lands belonging to the United States is 
        vested in the Congress under article IV, section 3, of the 
        Constitution.
          (2) Some Federal land designations made pursuant to 
        international agreements concern land use policies and 
        regulations for lands belonging to the United States which 
        under article IV, section 3, of the Constitution can only be 
        implemented through laws enacted by the Congress.
          (3) Some international land 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, which have no legislative 
        directives or authorization from the Congress.
          (4) Actions by the United States in making such designations 
        may affect the use and value of nearby or intermixed non-
        Federal lands.
          (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 lands belonging 
        to the United States pursuant to international agreements in 
        some cases conflict with congressional constitutional 
        responsibilities and State sovereign capabilities.
          (8) Actions by the President in applying certain 
        international agreements to lands owned by the United States 
        diminishes the authority of the Congress to make rules and 
        regulations respecting these lands.
  (b) Purpose.--The purposes of this Act are the following:
          (1) To reaffirm the power of the Congress under article IV, 
        section 3, of the Constitution over international agreements 
        which concern disposal, management, and use of lands belonging 
        to the United States.
          (2) To protect State powers not reserved to the Federal 
        Government under the Constitution from Federal actions 
        designating lands pursuant to international agreements.
          (3) To ensure that no United States citizen suffers any 
        diminishment or loss of individual rights as a result of 
        Federal actions designating lands pursuant to international 
        agreements for purposes of imposing restrictions on use of 
        those lands.
          (4) To protect private interests in real property from 
        diminishment as a result of Federal actions designating lands 
        pursuant to international agreements.
          (5) To provide a process under which the United States may, 
        when desirable, designate lands pursuant to international 
        agreements.

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) in subsection (a) in the first sentence, by--
                  (A) inserting ``(in this section referred to as the 
                `Convention')'' after ``1973''; and
                  (B) inserting ``and subject to subsections (b), (c), 
                (d), (e), and (f)'' before the period at the end;
          (2) in subsection (b) in the first sentence, by inserting ``, 
        subject to subsection (d),'' after ``shall''; and
          (3) adding at the end the following new subsections:
  ``(d) The Secretary of the Interior shall not nominate any lands 
owned by the United States for inclusion on the World Heritage List 
pursuant to the Convention unless such nomination is specifically 
authorized by a law enacted after the date of enactment of the American 
Land Sovereignty Protection Act of 1996. The Secretary may from time to 
time submit to the Speaker of the House and the President of the Senate 
proposals for legislation authorizing such a nomination.
  ``(e) The Secretary of the Interior shall object to the inclusion of 
any 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 has submitted to the Speaker of the House 
        and the President of the Senate a report describing the 
        necessity for including that property on the list; and
          ``(2) the Secretary is specifically authorized to assent to 
        the inclusion of the property on the list, by a joint 
        resolution of the Congress enacted after the date that report 
        is submitted.
  ``(f) The Secretary of the Interior shall submit an annual report on 
each World Heritage Site within the United States to the Chairman and 
Ranking Minority member of the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, that contains the following information for each site:
          ``(1) An accounting of all money expended to manage the site.
          ``(2) A summary of Federal full time equivalent hours related 
        to management of the site.
          ``(3) A list and explanation of all nongovernmental 
        organizations contributing to the management of the site.
          ``(4) A summary and account of the disposition of complaints 
        received by the Secretary related to management of the site.''.

SEC. 4. PROHIBITION AND TERMINATION OF 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 new section:
  ``Sec. 403. (a) No Federal official may nominate any lands 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.
  ``(b) Any designation of an area in the United States as a Biosphere 
Reserve under the Man and Biosphere Program of the United Nations 
Educational, Scientific, and Cultural Organization shall not have, and 
shall not be given, any force or effect, unless the Biosphere Reserve--
          ``(1) is specifically authorized by a law enacted after the 
        date of enactment of the American Land Sovereignty Protection 
        Act of 1996 and before December 31, 1999;
          ``(2) consists solely of lands that on the date of that 
        enactment are owned by the United States; and
          ``(3) is subject to a management plan that specifically 
        ensures that the use of intermixed or adjacent non-Federal 
        property is not limited or restricted as a result of that 
        designation.
  ``(c) The Secretary of State shall submit an annual report on each 
Biosphere Reserve within the United States to the Chairman and Ranking 
Minority member of the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, that contains the following information for each reserve:
          ``(1) An accounting of all money expended to manage the 
        reserve.
          ``(2) A summary of Federal full time equivalent hours related 
        to management of the reserve.
          ``(3) A list and explanation of all nongovernmental 
        organizations contributing to the management of the reserve.
          ``(4) A summary and account of the disposition of the 
        complaints received by the Secretary related to management of 
        the reserve.''.

SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.

  Title IV of the National Historic Preservation Act Amendments of 1980 
(16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the 
following new section:
  ``Sec. 404. (a) No Federal official may nominate, classify, or 
designate any lands owned by the United States and located within the 
United States for a special or restricted use under any international 
agreement unless such nomination, classification, or designation is 
specifically authorized by law. The President may from time to time 
submit to the Speaker of the House of Representatives and the President 
of the Senate proposals for legislation authorizing such a nomination, 
classification, or designation.
  ``(b) A nomination, classification, or designation of lands owned by 
a State or local government, under any international agreement shall 
have no force or effect unless the nomination, classification, or 
designation is specifically authorized by a law enacted by the State or 
local government, respectively.
  ``(c) A nomination, classification, or designation of privately owned 
lands under any international agreement shall have no force or effect 
without the written consent of the owner of the lands.
  ``(d) This section shall not apply to--
          ``(1) sites nominated under the Convention on Wetlands of 
        International Importance Especially as Waterfowl Habitat 
        (popularly known as the Ramsar Convention);
          ``(2) agreements established under section 16(a) of the North 
        American Wetlands Conservation Act (16 U.S.C. 4413); and
          ``(3) conventions referred to in section 3(h)(3) of the Fish 
        and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
  ``(e) In this section, the term `international agreement' means any 
treaty, compact, executive agreement, convention, or bilateral 
agreement between the United States or any agency of the United States 
and any foreign entity or agency of any foreign entity, having a 
primary purpose of conserving, preserving, or protecting the 
terrestrial or marine environment, flora, or fauna.''.

SEC. 6. CLERICAL AMENDMENT.

  Section 401(b) of the National Historic Preservation Act Amendments 
of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on 
Natural Resources'' and inserting ``Committee on Resources''.

                          Purpose of the Bill

    The purposes of H.R. 3752 are to preserve the sovereignty 
of the United States over public lands and acquired lands owned 
by the United States, and to preserve State sovereignty and 
private property rights in non-federal lands surrounding those 
public lands and acquired lands.

                  Background and Need for Legislation

    H.R. 3752 asserts the Constitutional power of Congress over 
management and use of lands belonging to the United States. The 
international agreement covering World Heritage Sites, for 
example, largely leaves Congress out of the process. The bill 
also provides a process under which the United States by 
Congressional action may, when desirable, nominate lands for 
inclusion under international agreements.
    Over the last 25 years, an increasing expanse of our 
nation's public lands have been made subject to various 
international land use restrictions, most notably Biosphere 
Reserves and World Heritage Sites. Under article IV, section 3 
of the United States Constitution, the power to make all 
needful rules and regulations governing lands belonging to the 
United States is vested in Congress, yet these international 
land designations have been created with virtually no 
Congressional oversight or approval.
    Biosphere Reserves and World Heritage Sites are under the 
jurisdiction of the United Nations Educational, Scientific and 
Cultural Organization (UNESCO). World Heritage Areas are 
natural sites or cultural monuments recognized by UNESCO under 
the Convention Concerning Protection of the World Cultural and 
Natural Heritage. Biosphere Reserves are part of the U.S. Man 
and Biosphere Program which operates in conjunction with a 
worldwide program under UNESCO. The U.S. biosphere program 
operates without legislative direction and is not authorized by 
Congress. Over 68 percent of our National Parks, Preserves and 
Monuments have been designated as United Nations World Heritage 
Sites, Biosphere Reserves or both. Biosphere Reserves alone 
cover an area about the size of Colorado, our eighth largest 
State. There are now 47 UNESCO Biosphere Reserves and 20 World 
Heritage Sites in the United States.
    In becoming a party to these international land use 
designations through Executive Branch action, the United States 
may be indirectly agreeing to terms of international treaties, 
such as the Convention on Biodiversity, to which the United 
States is not a party or which the United States Senate has 
refused to ratify. For example, ``The Seville Strategy for 
Biosphere Reserves'' recommends that participating countries 
``integrate biosphere reserves in strategies for biodiversity 
conservation and sustainable use, in plans for protected areas, 
and in the national biodiversity strategies and action plans 
provided for in Article 6 of the Convention on Biodiversity.'' 
Furthermore, the ``Strategic Plan for the U.S. Biosphere 
Reserve Program'' published in 1994 by the U.S. State 
Department states that a goal of the U.S. Biosphere Reserve 
Program is to ``create a national network of biosphere reserves 
that represents the biogeographical diversity of the United 
States and fulfills the internationally established roles and 
functions of biosphere reserves.''
    Also disturbing is that designation of Biospheres and World 
Heritage Areas rarely involve consulting the public and local 
governments. In fact, UNESCO policy apparently discourages an 
open nomination process for Biosphere Reserves. The 
``Operational Guidelines for the Implementation of the World 
Heritage Convention'' state:

          In all cases, as to maintain the objectivity of the 
        evaluation process and to avoid possible embarrassment 
        to those concerned, State [national] parties should 
        refrain from giving undue publicity to the fact that a 
        property has been nominated . . . pending the final 
        decision of the Committee of the nomination in 
        question. Participation of the local people in the 
        nomination process is essential to make them feel a 
        shared responsibility with the State party in the 
        maintenance of the site, but should not prejudice 
        future decision-making by the committee.

    By allowing these international land use designations, the 
United States promises to protect designated areas and regulate 
surrounding lands if necessary to protect the designated area. 
Honoring these agreements could force the federal government to 
prohibit or limit some uses of private lands outside the 
international designated area unless our country wants to break 
a pledge to other nations. At a minimum, this puts U.S. land 
policy-makers in an awkward position. Federal regulatory 
actions could cause a significant adverse impact on the value 
of private property and on the local and regional economy. For 
example, the involvement of the World Heritage Committee in the 
National Environmental Policy Act review process for the New 
World Mine Project near Yellowstone National Park, which is a 
World Heritage Area, exemplifies this problem. Creation of a 
buffer zone, possibly ten times as large as the Park, was 
suggested by at least one member of the Committee. Moreover, by 
excluding the federal lands on which the New World Mine Project 
lie from an adjoining wilderness area, Congress has already 
determined that these lands are available for multiple uses, 
including mining.
    It is clear from this example, that at best, World Heritage 
Site and Biosphere Reserve designations give the international 
community an open invitation to interfere in U.S. domestic land 
use decisions. More seriously, these international land use 
agreements potentially have several significant adverse effects 
on the American system of government. In these instances, the 
federal land use policy making authority is further centralized 
at the federal/Executive Branch level, and the role that 
ordinary citizens have in the making of this policy through 
their elected representatives is diminished. The Executive 
Branch may also invoke these agreements in an attempt to 
administratively achieve an action within the jurisdiction of 
Congress, but without consulting Congress.

                            Committee Action

    H.R. 3752 was introduced on June 27, 1996, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Resources. On September 12, 1996, the Committee held a four-
hour hearing on H.R. 3752. A total of 13 witnesses testified.
    Seven witnesses including three local elected officials and 
a Member of Congress testified in support of H.R. 3752. The 
Honorable Tim Hutchinson (R-AR), a cosponsor of H.R. 3752, 
outlined the problems associated with the proposed ``Ozark 
Highland Man and Biosphere Plan'' which was advanced without 
public input and which has now apparently been withdrawn after 
strong public opposition developed following discovery of the 
proposal. Local elected officials from New York and New Mexico 
confirmed that there is little or no input by the public or 
elected officials into these designations. A Cornell University 
professor of government testified that ``if the bill is seen by 
some as symbolic, it is still a useful symbol. It is not at all 
inappropriate at this time to reemphasize the Congressional 
duty to keep international commitments from floating free of 
traditional Constitutional restraints.''
    The Assistant Secretary for Fish, Wildlife and Parks stated 
that the Interior Department opposed H.R. 3752 and would 
recommend that the President veto the bill, if it was passed by 
Congress.
    A representative from UNESCO testified that ``UNESCO does 
not take a position on the pros and cons of the legislation 
proposed in H.R. 3752 at the 104th Congress. The way in which 
the United States chooses to relate to our MAB [Man and 
Biosphere] Programme or to the subject of World Heritage is a 
sovereign decision of the American people and the American 
Government.''
    On September 18, 1996, the Full Resources Committee met to 
consider H.R. 3752. Congressman Don Young offered an en bloc 
amendment to exempt sites nominated under certain international 
conventions from the terms of the bill and to require annual 
reports to Congress on World Heritage Areas and Biosphere Areas 
in the United States; the amendment was adopted by voice vote. 
The bill as amended was then ordered favorably reported to the 
House of Representatives by a rollcall vote of 18-8, as 
follows:

----------------------------------------------------------------------------------------------------------------
             Members                Yeas      Nays     Present        Members         Yeas      Nays     Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)............        X   ........  ........  Mr. Miller........  ........  ........  ........
Mr. Tauzin......................        X   ........  ........  Mr. Markey........  ........        X   ........
Mr. Hansen......................  ........  ........  ........  Mr. Rahall........  ........        X   ........
Mr. Saxton......................        X   ........  ........  Mr. Vento.........  ........        X   ........
Mr. Gallegly....................  ........  ........  ........  Mr. Kildee........  ........  ........  ........
Mr. Duncan......................        X   ........  ........  Mr. Williams......  ........  ........  ........
Mr. Hefley......................        X   ........  ........  Mr. Gejdenson.....  ........        X   ........
Mr. Doolittle...................        X   ........  ........  Mr. Richardson....  ........        X   ........
Mr. Allard......................  ........  ........  ........  Mr. DeFazio.......  ........  ........  ........
Mr. Gilchrest...................  ........  ........  ........  Mr. Faleomavaega..        X   ........  ........
Mr. Calvert.....................  ........  ........  ........  Mr. Johnson.......  ........  ........  ........
Mr. Pombo.......................        X   ........  ........  Mr. Abercrombie...  ........  ........  ........
Mr. Torkildsen..................  ........  ........  ........  Mr. Studds........  ........  ........  ........
Mr. Hayworth....................        X   ........  ........  Mr. Ortiz.........  ........  ........  ........
Mr. Cremeans....................        X   ........  ........  Mr. Pickett.......  ........  ........  ........
Mrs. Cubin......................  ........  ........  ........  Mr. Pallone.......  ........  ........  ........
Mr. Cooley......................        X   ........  ........  Mr. Dooley........  ........  ........  ........
Mrs. Chenoweth..................        X   ........  ........  Mr. Romero-Barcelo        X   ........  ........
Mrs. Smith......................  ........  ........  ........  Mr. Hinchey.......  ........  ........  ........
Mr. Radanovich..................        X   ........  ........  Mr. Underwood.....  ........        X   ........
Mr. Jones.......................        X   ........  ........  Mr. Farr..........  ........        X   ........
Mr. Thornberry..................        X   ........  ........  Mr. Kennedy.......  ........        X   ........
Mr. Hastings....................        X   ........  ........                                                  
Mr. Metcalf.....................        X   ........  ........                                                  
Mr. Longley.....................  ........  ........  ........                                                  
Mr. Shadegg.....................  ........  ........  ........                                                  
Mr. Ensign......................  ........  ........  ........                                                  
----------------------------------------------------------------------------------------------------------------

                      Section-by-Section Analysis

                         Section 1. short title

    This section states that the Act may be cited as the 
``American Land Sovereignty Protection Act of 1996.''

                    Section 2. findings and purpose

    Section 2 makes eight findings which basically state that: 
(1) the constitutional power to make rules and regulations 
governing lands belonging to the United States belongs to 
Congress; (2) actions in creating lands with international 
designations may affect the use and value of nearby or 
intermixed non-federal lands; and (3) actions by the President 
in applying international designations to lands owned by the 
United States may conflict with Congressional constitutional 
responsibilities.
    This section further states that the purpose of H.R. 3752 
is to assert the power of Congress over the management and use 
of lands belonging to the United States and protect State 
powers not reserved to the federal government and to ensure 
that no United States citizen suffers any diminishment or loss 
of individual rights or private property rights as a result of 
federal actions designating lands pursuant to international 
agreements.

 Section 3. Clarification of Congressional Role in World Heritage Site 
                                Listing

    Section 3 amends the National Historic Preservation Act to 
compel the Secretary of the Interior to require the legislative 
consent of Congress to any nomination of a property located in 
the United States for inclusion on the World Heritage List 
pursuant to the Convention Concerning the Protection of the 
World Cultural and Natural Heritage. The Secretary is also 
required to obtain Congressional approval before assenting to 
the designation of any United States site on the World Heritage 
List as a Site in Danger under the World Heritage Convention. 
The Secretary must submit an annual report to Congress on each 
World Heritage site within the United States.

  Section 4. Prohibition and Termination of United Nations Biosphere 
                                Reserves

    Section 4 amends the National Historic Preservation Act to 
prohibit federal officials from nominating any land in the 
United States for designation as a Biosphere Reserve. Existing 
United States Biosphere Reserves are terminated unless: (1) the 
Biosphere Reserve is specifically authorized in subsequently 
enacted law by December 31, 1999; (2) the designated Biosphere 
Reserve entirely consists of lands owned by the United States; 
and (3) a management plan for the Biosphere Reserve has been 
implemented which specifically provides for the protection of 
non-federal property rights and uses. The Secretary of State is 
to submit an annual report to Congress providing specified 
information on each Biosphere Reserve in the United States.

             Section 5. International Agreements in General

    Section 5 amends the National Historic Preservation Act to 
prohibit federal officials from designating any land in the 
United States for a special or restricted use under any 
international agreement unless such designation is specifically 
approved by law. ``International agreement'' means any treaty, 
compact, executive agreement, convention, or bilateral 
agreement between the United States and any foreign entity or 
agency of any foreign entity, having a primary purpose of 
conserving, preserving, or protecting the terrestrial or marine 
environment, flora, or fauna. The amendments made by this 
section do not apply to sites nominated under the Convention on 
Wetlands of International Importance Especially as Waterfowl 
Habitat, agreements established under the North American 
Wetlands Conservation Act, and conventions referred to in 
section 3(h)(3) of the Fish and Wildlife Improvement Act of 
1978.
    Lands owned by State or local governments may not be 
included within the boundaries of any area designated for a 
special or restricted use under any international agreement 
unless the designation is approved by a law enacted by the 
State or local government, respectively.
    No privately owned lands may be included within the 
boundaries of any area designated for a special or restricted 
use under any international agreement unless the owner of the 
property concurs with such action in writing.

                     Section 6. Clerical Amendment

    This section updates a reference to the Committee on 
Resources in the National Historic Preservation Act Amendments 
of 1980.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 3752 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 3752. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
3752 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3752.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3752 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 20, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 3752, the American Land Sovereignty Protection 
Act of 1996, as ordered reported by the House Committee on 
Resources on September 18, 1996. We estimate that enacting this 
bill would have no significant impact on the federal budget. 
H.R. 3752 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 3752 would prohibit any federal official from 
nominating, classifying, or designating any federal land for a 
special or restricted use under any international agreement 
unless specifically authorized by law, with certain exceptions. 
Moreover, the bill would make ineffective the designation of 
any area in the United States under such agreements unless the 
designation is specifically authorized in written permission 
from the landowner for private property, or by state or local 
law for property owned by such governments. Designations of 
federal land would be ineffective as well, unless authorized by 
federal legislation enacted after enactment of H.R. 3752. These 
provisions would affect designations of land under programs 
such as the World Heritage List and the Man and Biosphere 
Program of the United Nations. H.R. 3752 would require the 
Secretaries of State and the Interior to submit annual reports 
to the Congress on each site designated under these programs.
    CBO estimates that the Departments of State and the 
Interior would incur minor expenses to collect information 
(such as budget and staffing data by site) and to submit annual 
reports to the Congress. Implementing the bill would have no 
impact on other federal agencies.
    H.R. 3752 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) and would have no impact on the budgets of 
state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Victoria Heid.
            Sincerely,
                                         June E. O'Neill, Director.

                    Compliance With Public Law 104-4

    H.R. 3752 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

         NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS OF 1980

          * * * * * * *

    TITLE IV--INTERNATIONAL ACTIVITIES AND WORLD HERITAGE CONVENTION

  Sec. 401. (a) The Secretary of the Interior shall direct and 
coordinate United States participation in the Convention 
Concerning the Protection of the World Cultural and Natural 
Heritage, approved by the Senate on October 26, 1973 (in this 
section referred to as the ``Convention''), in cooperation with 
the Secretary of State, the Smithsonian Institution, and the 
Advisory Council on Historic Preservation. Whenever possible, 
expenditures incurred in carrying out activities in cooperation 
with other nations and international organizations shall be 
paid for in such excess currency of the country or area where 
the expense is incurred as may be available to the United 
States and subject to subsections (b), (c), (d), (e), and (f).
  (b) The Secretary of the Interior shall, subject to 
subsection (d), periodically nominate properties he determines 
are of international significance to the World Heritage 
Committee on behalf of the United States. No property may be so 
nominated unless it has previously been determined to be of 
national significance. Each such nomination shall include 
evidence of such legal protections as may be necessary to 
ensure preservation of the property and its environment 
(including restrictive covenants, easements, or other forms of 
protection). Before making any such nomination, the Secretary 
shall notify the Committee on [Natural Resources] Resources of 
the United States House of Representatives and the Committee on 
Energy and Natural Resources of the United States Senate.
          * * * * * * *
  (d) The Secretary of the Interior shall not nominate any 
lands owned by the United States for inclusion on the World 
Heritage List pursuant to the Convention unless such nomination 
is specifically authorized by a law enacted after the date of 
enactment of the American Land Sovereignty Protection Act of 
1996. The Secretary may from time to time submit to the Speaker 
of the House and the President of the Senate proposals for 
legislation authorizing such a nomination.
  (e) The Secretary of the Interior shall object to the 
inclusion of any 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 has submitted to the Speaker of the 
        House and the President of the Senate a report 
        describing the necessity for including that property on 
        the list; and
          (2) the Secretary is specifically authorized to 
        assent to the inclusion of the property on the list, by 
        a joint resolution of the Congress enacted after the 
        date that report is submitted.
  (f) The Secretary of the Interior shall submit an annual 
report on each World Heritage Site within the United States to 
the Chairman and Ranking Minority member of the Committee on 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate, that contains the 
following information for each site:
          (1) An accounting of all money expended to manage the 
        site.
          (2) A summary of Federal full time equivalent hours 
        related to management of the site.
          (3) A list and explanation of all nongovernmental 
        organizations contributing to the management of the 
        site.
          (4) A summary and account of the disposition of 
        complaints received by the Secretary related to 
        management of the site.
          * * * * * * *
  Sec. 403. (a) No Federal official may nominate any lands 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.
  (b) Any designation of an area in the United States as a 
Biosphere Reserve under the Man and Biosphere Program of the 
United Nations Educational, Scientific, and Cultural 
Organization shall not have, and shall not be given, any force 
or effect, unless the Biosphere Reserve--
          (1) is specifically authorized by a law enacted after 
        the date of enactment of the American Land Sovereignty 
        Protection Act of 1996 and before December 31, 1999;
          (2) consists solely of lands that on the date of that 
        enactment are owned by the United States; and
          (3) is subject to a management plan that specifically 
        ensures that the use of intermixed or adjacent non-
        Federal property is not limited or restricted as a 
        result of that designation.
  (c) The Secretary of State shall submit an annual report on 
each Biosphere Reserve within the United States to the Chairman 
and Ranking Minority member of the Committee on Resources of 
the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate, that contains the following 
information for each reserve:
          (1) An accounting of all money expended to manage the 
        reserve.
          (2) A summary of Federal full time equivalent hours 
        related to management of the reserve.
          (3) A list and explanation of all nongovernmental 
        organizations contributing to the management of the 
        reserve.
          (4) A summary and account of the disposition of the 
        complaints received by the Secretary related to 
        management of the reserve.
  Sec. 404. (a) No Federal official may nominate, classify, or 
designate any lands owned by the United States and located 
within the United States for a special or restricted use under 
any international agreement unless such nomination, 
classification, or designation is specifically authorized by 
law. The President may from time to time submit to the Speaker 
of the House of Representatives and the President of the Senate 
proposals for legislation authorizing such a nomination, 
classification, or designation.
  (b) A nomination, classification, or designation of lands 
owned by a State or local government, under any international 
agreement shall have no force or effect unless the nomination, 
classification, or designation is specifically authorized by a 
law enacted by the State or local government, respectively.
  (c) A nomination, classification, or designation of privately 
owned lands under any international agreement shall have no 
force or effect without the written consent of the owner of the 
lands.
  (d) This section shall not apply to--
          (1) sites nominated under the Convention on Wetlands 
        of International Importance Especially as Waterfowl 
        Habitat (popularly known as the Ramsar Convention);
          (2) agreements established under section 16(a) of the 
        North American Wetlands Conservation Act (16 U.S.C. 
        4413); and
          (3) conventions referred to in section 3(h)(3) of the 
        Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 
        712(2)).
  (e) In this section, the term ``international agreement'' 
means any treaty, compact, executive agreement, convention, or 
bilateral agreement between the United States or any agency of 
the United States and any foreign entity or agency of any 
foreign entity, having a primary purpose of conserving, 
preserving, or protecting the terrestrial or marine 
environment, flora, or fauna.
          * * * * * * *
DISSENTING VIEWS OF HON. GEORGE MILLER, HON. EDWARD J. MARKEY, HON. SAM 
FARR, HON. BILL RICHARDSON, HON. SAM GEJDENSON, AND HON. BRUCE F. VENTO

    H.R. 3752 is an unjustified and unnecessary bill that 
addresses a phantom problem on behalf of extreme, anti-
environmental, anti-United Nations groups.
    Under six Presidents--four Republicans and two Democrats--
the World Heritage Convention has been successfully implemented 
by the Department of the Interior. In fact, the Convention was 
a United States initiative and the United States was the first 
nation to ratify it in 1973. There are 20 United States sites 
on the World Heritage List, 17 of which are National Parks. 
Under the Convention, a site may only be nominated to be listed 
by the country in which it lies. A site may only be listed if 
it contains cultural or natural resources of universal value, 
and if the national government provides a certain level of 
protection for the site. Listing as a World Heritage Site 
imposes no change in domestic law nor any requirement for 
future changes in domestic law. It does not give oversight, 
management or regulatory authority to any foreign nation or 
organization. In short, the legal protection of a World 
Heritage Site is entirely the responsibility of the nation in 
which it lies.
    The U.S. Man and the Biosphere Program attempts to 
facilitate a more sustainable relationship between human beings 
and their natural environment by identifying areas rich in 
natural resources that are also suited to the program's 
cooperative approach. It brings local and regional stakeholders 
to the table in a voluntary joint planning effort, and provides 
technical assistance and limited research funding to relevant 
projects. A United States Biosphere Reserve is an honorific 
designation by the United States Man and the Biosphere Program, 
which is a domestic federal program, not under UN control. As 
with World Heritage designations, Biosphere Reserve status does 
not impose or imply any land or natural resource use 
restrictions above and beyond those already in place under 
federal, state, or local law.
    For over 20 years, these programs have functioned 
effectively and with little controversy. Far from subjecting 
the American people to UN hegemony, these programs have allowed 
the United States to export its vision of parks to the world. 
But some interests, whose activities--often on public land--
could pollute or otherwise despoil our national parks and other 
public lands, would prefer to operate without the public 
attention and media scrutiny that comes with World Heritage or 
Biosphere Reserve status. This legislation, which caters to 
those suspicious of international agreements and environmental 
planning, aids these special interests by hinting at threats to 
United States sovereignty and the undermining of domestic law 
by these beneficial programs.
    If Congress wishes to micromanage these international 
programs, it could assume that responsibility. However, it is 
very ironic that this Congress is willing to spend its waning 
days fixing programs that are not broken when it has completely 
failed to enact meaningful reform of a host of natural resource 
management programs that rob the Treasury of much-needed 
revenue and deny the American people sustainable use of their 
natural resource legacy. Perhaps more harmful, by pandering to 
the radical right, the Majority diverts attention from the real 
issues--the rights and responsibilities of the American people 
to protect our natural heritage, as embodied in our National 
Parks and other public lands.

                                   George Miller,
                                           Senior Democrat, Committee 
                                               on Resources.
                                   Sam Farr.
                                   Sam Gejdenson.
                                   Edward J. Markey.
                                   Bill Richardson,
                                           Senior Democrat, 
                                               Subcommittee on National 
                                               Parks, Forests, and 
                                               Lands.
                                   Bruce F. Vento.