[House Report 113-56]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-56
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TO AMEND PUBLIC LAW 93-435 WITH RESPECT TO THE NORTHERN MARIANA
ISLANDS, PROVIDING PARITY WITH GUAM, THE VIRGIN ISLANDS, AND AMERICAN
SAMOA
_______
May 14, 2013.--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. 573]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 573) to amend Public Law 93-435 with respect to
the Northern Mariana Islands, providing parity with Guam, the
Virgin Islands, and American Samoa, 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. 573 is to amend Public Law 93-435 with
respect to the Northern Mariana Islands, providing parity with
Guam, the Virgin Islands, and American Samoa.
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 eastern-most 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, with the U.S.
administering 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 to define the relationship between the parties. Under
the covenant, the Northern Mariana Islands functions 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 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 and then-President 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 trust
status as it applied to the CNMI in 1990.
In 1974, Congress passed the Territorial Submerged Lands
Act which gave Guam, the Virgin Islands and America Samoa
jurisdiction over submerged lands surrounding each of the
islands out to three geographical miles. The CNMI was not
granted similar authorities since it was not a U.S. territory
at the time. 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. position 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, 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.'' 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.
H.R. 573 amends section one and two of Public Law 93-435
(48 U.S.C. 1705) to provide CNMI with the same benefits in its
submerged lands as Guam, the Virgin Islands, and American
Samoa. The amendment to section two of the public law retains
federal defense and navigational rights.
In the 111th and 112th Congresses, similar legislation was
reported out of the Natural Resources Committee. In the 111th
Congress, H.R. 934 passed the House of Representatives by a
roll call vote of 416-0, and in the 112th Congress, H.R. 670
passed by a roll call vote of 397-0.
Committee Action
H.R. 573 was introduced on February 6, 2013, by Congressman
Gregorio Kilili Camacho 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 April 24, 2013, the Full Natural 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 then adopted and 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. 573--A bill to amend Public Law 93-435 with respect to the
Northern Mariana Islands, providing parity with Guam, the
Virgin Islands, and American Samoa
CBO estimates that enacting H.R. 573 would have no
significant effect on the federal budget. The bill would convey
ownership of submerged lands to the Commonwealth of the
Northern Mariana Islands (CNMI) 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. The legislation also would include CNMI among the
islands where the United States may establish a naval defensive
perimeter.
Based on information from the Department of the Interior,
CBO estimates that implementing H.R. 573 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. 573 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. The 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
enacting H.R. 573 would have no significant effect on the
federal budget.
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 amend Public Law 93-435 with
respect to the Northern Mariana Islands, providing parity with
Guam, the Virgin Islands, and American Samoa.
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.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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 in the Senate and the 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) all deposits of oil, gas, and other minerals, but
the term ``minerals'' shall not include coral, sand,
and gravel;
(ii) all submerged lands adjacent to property owned
by the United States above the line of mean high tide;
(iii) all submerged lands adjacent to property above
the line of mean high tide acquired by the United
States by eminent domain proceedings, purchase,
exchange, or gift, after the date of enactment of this
Act, as required for completion of the Department of
the Navy Land Acquisition Project relative to the
construction of the Ammunition Pier authorized by the
Military Construction Authorization Act, 1971 (84 Stat.
1204), as amended by section 201 of the Military
Construction Act, 1973 (86 Stat. 1135);
(iv) all submerged lands filled in, built up, or
otherwise reclaimed by the United States, before the
date of enactment of this Act, for its own use;
(v) all tracts or parcels of submerged land
containing on any part thereof any structures or
improvements constructed by the United States;
(vi) all submerged lands that have heretofore been
determined by the President or the Congress to be of
such scientific, scenic, or historic character as to
warrant preservation and administration under the
provisions of the Act entitled ``An Act to establish a
National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1 et seq.);
(vii) all submerged lands designated by the President
within one hundred and twenty days after the date of
enactment of this Act;
(viii) all submerged lands that are within the
administrative responsibility of any agency or
department of the United States other than the
Department of the Interior;
(ix) all submerged lands lawfully acquired by persons
other than the United States through purchase, gift,
exchange, or otherwise;
(x) all submerged lands within the Virgin Islands
National Park established by the Act of August 2, 1956
(16 U.S.C. 398 et seq.), including the lands described
in the Act of October 5, 1962 (16 U.S.C. 398c-398d);
and
(xi) all submerged lands within the Buck Island Reef
National Monument as described in Presidential
Proclamation 3448 dated December 28, 1961.
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.
(c) No conveyance shall be made by the Secretary pursuant to
subsection (a) or (b) of this section until the expiration of
sixty calendar days (excluding days on which the House of
Representatives or the Senate is not in session because of an
adjournment of more than three days to a day certain) from the
date on which the Secretary of the Interior submits to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
an explanatory statement indicating the tract proposed to be
conveyed and the need therefor, unless prior to the expiration
of such sixty calendar days both committees inform the
Secretary that they wish to take no action with respect to the
proposed conveyance.
Sec. 2. (a) Nothing in this Act shall affect the right of the
President to establish naval defensive sea areas and naval
airspace reservations around and over the islands of Guam, the
Commonwealth of the Northern Mariana Islands, American Samoa,
and the Virgin Islands when deemed necessary for national
defense.
(b) Nothing in this Act shall affect the use, development,
improvement, or control by or under the constitutional
authority of the United States of the lands transferred by the
first section of this Act, and the navigable waters overlying
such lands, for the purposes of navigation or flood control or
the production of power, or be construed as the release or
relinquishment of any rights of the United States arising under
the constitutional authority of Congress to regulate or improve
navigation, or to provide for flood control or the production
of power.
(c) The United States retains all of its navigational
servitude and rights in and powers of regulation and control of
the lands conveyed by the first section of this Act, and the
navigable waters overlying such lands, for the constitutional
purposes of commerce, navigation, national defense, and
international affairs, all of which shall be paramount to, but
shall not be deemed to include, proprietary rights of
ownership, or the rights of management, administration,
leasing, use, and development of the lands and natural
resources which are specifically conveyed to the government of
Guam, the Commonwealth of the Northern Mariana Islands, the
Virgin Islands, or American Samoa, as the case may be, by the
first section of this Act.
(d) Nothing in this Act shall affect the status of lands
beyond the three-mile limit described in section 1 of this Act.