[House Report 112-162]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-162
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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
_______
July 20, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 670]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
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, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 670 is 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.
Background and Need for Legislation
The Northern Mariana Islands Archipelago is located in the
western Pacific, roughly 40 miles north of the U.S. Territory
of Guam, on the easternmost boundary of the Philippine Sea. The
Archipelago consists of 14 volcanic islands, with a total land
area of 184 square miles. The island chain spans 375 miles
north to south or roughly 400 nautical miles from the southern
island (Rota) to the northern island (Farallon De Pajaros).
After World War II, a U.S. military government was
installed on the islands. In 1947, the islands became a United
Nations Trust Territory of the Pacific Islands (TTPI), with the
U.S. as its administering authority under the trusteeship
agreement. The U.S. was required under the trusteeship to
``promote the development of the inhabitants of the trust
territory toward self-government.'' The Marianas Political
Status Commission, with representatives from the islands and a
delegation from the U.S., negotiated a Covenant. The Covenant
defined the relationship between the Northern Mariana Islands
and the U.S., with the Northern Mariana Islands functioning as
a self-governing commonwealth, while recognizing U.S.
sovereignty over the islands. The negotiators signed the
Covenant on February 15, 1975, and it was unanimously approved
by the legislature of the Mariana Islands District of the
United Nations Trust Territory of the Pacific Islands on
February 17, 1975.
In 1976, Congress approved the Covenant to Establish a
Commonwealth of the Northern Mariana Islands (CNMI) in
Political Union with the United States (Covenant) and then-
President Gerald Ford signed the bill which became Public Law
94-241. The CNMI government adopted a constitution in 1978 and
its constitutional government took office in 1978. In 1986,
Presidential Proclamation No. 5564 fully implemented the
Covenant. Finally, the United Nations terminated the TTPI as it
applied to the CNMI in 1990.
In 1974, Congress passed the Territorial Submerged Lands
Act which gave Guam, the U.S. Virgin Islands and American Samoa
jurisdiction over submerged lands out to three geographical
miles; however, the Act was enacted before the CNMI was granted
territory status. The CNMI legislature passed legislation in
1979, 1980 and 1988 asserting that the CNMI had exclusive
jurisdiction over submerged lands and offshore marine
resources. However, the U.S. federal government's position on
the submerged lands surrounding CNMI has been that the
submerged lands were not transferred to the CNMI under the
Covenant and remain under the jurisdiction of the U.S.
In 2004, the CNMI sued the U.S. in District Court under the
Quiet Title Act (28 U.S.C. 2409a) asserting its claim of
jurisdiction over oceanic submerged lands and marine resources
from its coastline to a distance of 200 nautical miles. The
District Court ruled that the U.S. has ``paramount authority
over those lands and resources as a necessary and retained
element of its national sovereignty.'' The CNMI appealed the
decision to the Ninth Circuit Court of Appeals. The Ninth
Circuit affirmed the District Court's ruling; however, it did
recognize that Congress has the authority to transfer ownership
of submerged lands to the states and its territories.
Committee Action
H.R. 670 was introduced on February 11, 2011, by Delegate
Gregorio Sablan (D-MP). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife, Oceans, and Insular
Affairs. On May 12, 2011, the Subcommittee on Fisheries,
Wildlife, Oceans, and Insular Affairs held a hearing on the
bill. On June 15, 2011, the Full Resources Committee met to
consider the bill. The Subcommittee on Fisheries, Wildlife,
Oceans, and Insular Affairs was discharged by unanimous
consent. No amendments were offered and the bill was ordered
favorably reported to the House of Representatives by unanimous
consent.
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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 670--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. 670 would convey ownership of submerged lands to the
Commonwealth of the Northern Mariana Islands from the mean high
tide seaward to the point that is three geographical miles from
its coast line. Under current law, those lands are owned by the
United States. Based on information from the Department of the
Interior, CB0 estimates that implementing H.R. 670 would have
no significant cost to the federal government. Enacting the
bill would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
H.R. 670 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.
2. Section 308(a) of 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. CBO estimates that
implementing H.R. 670 would have no significant cost to the
federal government. Enacting the bill would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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):
SECTION 1 OF THE 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.
* * * * * * *