[House Report 111-176]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-176
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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
_______
June 23, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 934]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 934) 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, 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 all after the enacting clause and insert the
following:
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.
(c) Nothing in this section amends, repeals, or otherwise alters the
Proclamation of the President dated January 6, 2009, establishing the
Marianas Trench Marine National Monument.
Purpose of the Bill
The purpose of H.R. 934 is to convey to the government of
the Commonwealth of the Northern Mariana Islands (CNMI) the
submerged lands surrounding such islands and extending three
geographical miles outward from their coastline.
Background and Need for Legislation
The CNMI, located in the western Pacific Ocean, is an
archipelago comprised of fourteen islands. The majority of the
CNMI's population lives on three of the most southern islands:
its capital Saipan, Rota, and Tinian. The CNMI's southernmost
island is approximately 40 miles north of the U.S. Territory of
Guam.
At the end of World War II, the Northern Mariana Islands,
along with all other islands in the Micronesian region--except
Guam, Nauru, and Kiribati--became part of the United Nations
Strategic Trust Territory of the Pacific Islands (TTPI)
administered by the United States. Consistent with the U.N.
trusteeship agreement, the Northern Mariana Islands took steps
in the early 1970's to express their desire for greater self-
government. By 1975, following negotiations with the U.S. and a
subsequent local plebiscite, the Northern Mariana Islands
submitted its ``Covenant'' proposal to the U.S. for final
approval. After favorable consideration by Congress, the
Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America
(Covenant) was signed into law (P.L. 94-241) in 1976 by
President Gerald Ford.
The Covenant, coming into full effect in 1986, conferred
U.S. citizenship, provided a greater measure of self-
government, and defined the relationship between the U.S. and
the CNMI. The Covenant's Article VIII addressed the
distribution of property (right, title, and interest), from the
TTPI government to the newly formed Northern Mariana Islands
government.
In 2004, the CNMI government appealed a ruling of the
District Court of the Northern Mariana Islands granting summary
judgment in favor of the United States, requesting a
declaration by the Ninth Circuit Court of Appeals that the CNMI
holds title to, or an order mandating that the U.S. quitclaim
any interest in, the submerged lands ``underlying the internal
waters, archipelagic waters, and territorial waters adjacent to
the Northern Mariana Islands.'' The CNMI offered two arguments
to substantiate its request: (1) contending the paramountcy
doctrine is inconsistent with the Covenant's limitations on the
application of federal law, and (2) arguing alternatively that
the Covenant's transfer of real property creates a ``recognized
exception'' to the paramountcy doctrine. The doctrine instructs
that the United States, as a ``function of national external
sovereignty,'' acquires ``paramount rights'' over seaward
submerged lands. The Ninth Circuit found neither argument
persuasive, and thus affirmed the District Court's summary
judgment.
In the Ninth Circuit's opinion (CNMI v. United States, 399
F.3d 1057 (2005)) however, the Court recognizes along with the
CNMI that Congress can, and has, transferred ownership of
submerged lands to the states or other entities. The Court
cites as examples the Submerged Lands Act of 1953 (43 U.S.C.
Sec. 1301), which transferred lands up to three miles from
shore back to the states, and 42 U.S.C. Sec. 1705, which
conveyed submerged lands to Guam, the Virgin Islands, and
American Samoa.
H.R. 934 is the first bill sponsored by new CNMI Delegate,
Gregorio Kilili Sablan and is similar to ones introduced in
both the House and the Senate during the 109th Congress. The
Senate Energy and Natural Resources held a hearing where the
Department of the Interior (DOI) testified in favor of
conveying submerged lands to the CNMI. Suggested changes to the
legislation, made by the DOI at that time, are reflected in
H.R. 934.
Committee Action
H.R. 934 was introduced on February 10, 2009, by Rep.
Gregorio Kilili Camacho Sablan (I-MP). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Insular Affairs, Oceans and Wildlife.
On June 10, 2009, the Subcommittee was discharged from
further consideration of H.R. 934 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairwoman Bordallo (D-GU) offered an amendment in the nature
of a substitute to H.R. 934. The amendment was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Section-by-Section Analysis
Section 1. Conveyance of Certain Submerged Lands to the Commonwealth of
the Northern Mariana Islands
Section 1(a) amends Public Law 93-438 (48 U.S.C. 1705) to
insert ``the Commonwealth of the Northern Mariana Islands''
after ``Guam,'' every place it appears in that Act.
Section 1(b) provides that each reference of the date of
enactment for Public Law 93-435 shall also be considered as a
reference to the date of enactment of this section.
Section 1(c) provides that nothing in this section amends,
repeals or otherwise alters the establishment of the Marianas
Trench Marine National Monument.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to convey to the government of the
Commonwealth of the Northern Mariana Islands the submerged
lands surrounding such Islands and extending three geographical
miles outward from their coastline.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:
H.R. 934--A bill 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
H.R. 934 would convey ownership of submerged lands to the
Commonwealth of the Northern Mariana Islands (CNMI) from the
mean high tide seaward to three geographical miles from its
coast lines. Under current law, the submerged lands off the
CNMI are owned by the United States. Based on information from
the Department of the Interior, CBO estimates that implementing
this bill would have no significant effect on the federal
budget.
H.R. 934 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 934 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or (f) of rule XXI.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
ACT OF OCTOBER 5, 1974
(Public Law 93-435)
An Act to place certain submerged lands within the jurisdiction of the
governments of Guam, the Virgin Islands, and American Samoa, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
subject to valid existing rights, all right, title, and
interest of the United States in lands permanently or
periodically covered by tidal waters up to but not above the
line of mean high tide and seaward to a line three geographical
miles distant from the coastlines of the territories of Guam,
the Commonwealth of the Northern Mariana Islands, the Virgin
Islands, and American Samoa, as heretofore or hereafter
modified by accretion, erosion, and reliction, and in
artificially made, filled in, or reclaimed lands which were
formerly permanently or periodically covered by tidal waters,
are hereby conveyed to the governments of Guam, the
Commonwealth of the Northern Mariana Islands, the Virgin
Islands, and American Samoa, as the case may be, to be
administered in trust for the benefit of the people thereof.
(b) There are excepted from the transfer made by subsection
(a) hereof--
(i) * * *
* * * * * * *
Upon request of the Governor of Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, or American
Samoa, the Secretary of the Interior may, with or without
reimbursement, and subject to the procedure specified in
subsection (c) of this section convey all right, title, and
interest of the United States in any of the lands described in
clauses (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this
subsection to the government of Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, or American
Samoa, as the case may be, with the concurrence of the agency
having custody thereof.
* * * * * * *
(d)(1) The Secretary of the Interior shall, not later than
sixty days after the date of enactment of this subsection,
convey to the governments of Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, and American
Samoa, as the case may be, all right, title, and interest of
the United States in deposits of oil, gas, and other minerals
in the submerged lands conveyed to the government of such
territory by subsection (a) of this section.
* * * * * * *