Home > 106th Congressional Bills > H.R. 883 (rh) 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...

H.R. 883 (rh) 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...


Google
 
Web GovRecords.org


106th CONGRESS
  1st Session
                                H. R. 883


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1999

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
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.

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

SECTION 1. SHORT TITLE.

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

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 (Public Law 96-515; 94 Stat. 2987) is amended--
            (1) in subsection (a) in the first sentence, by--
                    (A) striking ``The Secretary'' and inserting 
                ``Subject to subsections (b), (c), (d), and (e), the 
                Secretary''; and
                    (B) inserting ``(in this section referred to as the 
                `Convention')'' after ``1973''; and
            (2) by adding at the end the following new subsections:
    ``(d)(1) The Secretary of the Interior may not nominate any lands 
owned by the United States for inclusion on the World Heritage List 
pursuant to the Convention, unless--
            ``(A) the Secretary finds with reasonable basis that 
        commercially viable uses of the nominated lands, and 
        commercially viable uses of other lands located within 10 miles 
        of the nominated lands, in existence on the date of the 
        nomination will not be adversely affected by inclusion of the 
        lands on the World Heritage List, and publishes that finding;
            ``(B) the Secretary has submitted to the Congress a report 
        describing--
                    ``(i) natural resources associated with the lands 
                referred to in subparagraph (A); and
                    ``(ii) the impacts that inclusion of the nominated 
                lands on the World Heritage List would have on existing 
                and future uses of the nominated lands or other lands 
                located within 10 miles of the nominated lands; and
            ``(C) the nomination is specifically authorized by a law 
        enacted after the date of enactment of the American Land 
        Sovereignty Protection Act and after the date of publication of 
        a finding under subparagraph (A) for the nomination.
    ``(2) The President may submit to the Speaker of the House of 
Representatives and the President of the Senate a proposal for 
legislation authorizing such a nomination after publication of a 
finding under paragraph (1)(A) for the 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 of Representatives and the President of the Senate a 
        report describing--
                    ``(A) the necessity for including that property on 
                the list;
                    ``(B) the natural resources associated with the 
                property; and
                    ``(C) the impacts that inclusion of the property on 
                the list would have on existing and future uses of the 
                property and other property located within 10 miles of 
                the property proposed for inclusion; 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 after the date of submittal of the 
        report required by paragraph (1).
    ``(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 of the Committee on Energy and Natural Resources 
of the Senate, that contains for the year covered by the report the 
following information for the 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 that contributed 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 UNAUTHORIZED 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 on or before the date of enactment of the 
American Land Sovereignty Protection Act 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 
        that date of the enactment and before December 31, 2003;
            ``(2) consists solely of lands that on that date of 
        enactment are owned by the United States; and
            ``(3) is subject to a management plan that specifically 
        ensures that the designation does not adversly affect State or 
        local government revenue, including revenue for public 
        education programs, and 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 for the year covered by the report the 
following information for the 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 that contributed 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, under any 
international agreement, of lands owned by a State or local government 
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, under any 
international agreement, of privately owned lands shall have no force 
or effect without the written consent of the owner of the lands.
    ``(d) This section shall not apply to--
            ``(1) agreements established under section 16(a) of the 
        North American Wetlands Conservation Act (16 U.S.C. 4413); and
            ``(2) 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, bilateral agreement, 
or multilateral 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''.

SEC. 7. INTERNATIONAL AGREEMENTS CONCERNING THE DISPOSAL, MANAGEMENT, 
              AND USE OF LANDS BELONGING TO THE UNITED STATES.

    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. 405. No Federal official may enter into an agreement with 
any international or foreign entity (including any subsidiary thereof) 
providing for the disposal, management, and use of any lands owned by 
the United States and located within the United States unless such 
agreement 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 
agreements.''.

            Passed the House of Representatives May 20, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 2020 (ih) To amend the Internal Revenue Code of 1986 to provide marriage penalty relief, incentives to encourage health coverage, and increased child care assistance, to extend certain expiring tax provisions, and for other purposes. [Introduced in H...
2 H.R. 4690 (rh) Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2001, and for other purposes. [Reported in House] ...
3 S. 2853 (is) To amend the Internal Revenue Code of 1986 to allow distributions to be made from certain pension plans before the participant is severed from employment. [Introduced in Senate] ...
4 H.R. 1444 (eah) [Engrossed Amendment House] ...
5 H.R. 107 (ih) To amend the Internal Revenue Code of 1986 to repeal the 1993 increase in income tax on Social Security benefits, to repeal the earnings limitation on Social Security recipients, and to repeal the estate and gift taxes. [Introduced in House]...
6 H.J.Res. 125 (cph) Making further continuing appropriations for the fiscal year 2001, and for other purposes. [Considered and Passed House] ...
7 H.R. 457 (rh) To amend title 5, United States Code, to increase the amount of leave time available to a Federal employee in any year in connection with serving as an organ donor, and for other purposes. [Reported in House] ...
8 S. 1059 (pcs) To authorize appropriations for fiscal year 2000 for military [Placed on Calendar Senate] ...
9 H.Res. 583 (rh) Providing for consideration of the Senate amendments to the bill (H.R. 940) to designate the Lackawanna Valley National Heritage Area, and for other purposes. [Reported in House] ...
10 H.Res. 196 (ih) Urging the President to call for the United Nations to resolve the crisis in Yugoslavia. [Introduced in House] ...
11 S. 2098 (is) To facilitate the transition to more competitive and efficient electric power markets, and to ensure electric reliability. [Introduced in Senate] ...
12 S. 574 (enr) To direct the Secretary of the Interior to make corrections to a map relating to the Coastal Barrier Resources System. [Enrolled bill] ...
13 H.R. 834 (eh) To extend the authorization for the National Historic Preservation Fund, and for other purposes. [Engrossed in House] ...
14 H.R. 416 (ih) To provide for the rectification of certain retirement coverage errors affecting Federal employees, and for other purposes. [Introduced in House] ...
15 H.R. 2607 (eh) To promote the development of the commercial space transportation [Engrossed in House] ...
16 S. 226 (is) To promote democracy and good governance in Nigeria, and for other purposes. [Introduced in Senate] ...
17 H.R. 853 (rh) To amend the Congressional Budget Act of 1974 to provide for joint [Reported in House] ...
18 S. 721 (is) To allow media coverage of court proceedings. [Introduced in Senate] ...
19 H.R. 17 (ih) To amend the Agricultural Trade Act of 1978 to require the President to report to Congress on any selective embargo on agricultural commodities, to provide a termination date for the embargo, to provide greater assurances for contract sanctit...
20 S.Res. 5 (ris) To establish procedures for the consideration of emergency legislation in the Senate. [Referral Instructions Senate] ...
21 S. 1257 (eas) [Engrossed Amendment Senate] ...
22 H.R. 3700 (ih) To amend the Internal Revenue Code of 1986 to allow a credit to holders of qualified bonds issued by an intercity passenger rail carrier, and for other purposes. [Introduced in House] ...
23 S. 1324 (es) To expand the boundaries of the Gettysburg National Military Park to include the Wills House, and for other purposes. [Engrossed in Senate] ...
24 S. 1653 (es) To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act. [Engrossed in Senate] ...
25 H.R. 4943 (ih) To amend the Small Business Act to require that certain acquisitions of goods and services be from small business concerns and to authorize certain acquisitions using a governmentwide commercial purchase card, and for other purposes. [Intro...
26 S. 1699 (is) To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes. [Introduced in Senate] ...
27 H.R. 2938 (ih) To designate the facility of the United States Postal Service located at 424 South Michigan Street in South Bend, Indiana, as the ``John Brademas Post Office''. [Introduced in House] ...
28 H.R. 2615 (ih) To amend the Small Business Act to make improvements to the general business loan program, and for other purposes. [Introduced in House] ...
29 H.R. 820 (rfs) To authorize appropriations for fiscal years 2000 and 2001 for the Coast Guard, and for other purposes. [Referred in Senate] ...
30 S. 1440 (is) To promote economic growth and opportunity by increasing the level of visas available for highly specialized scientists and engineers and by eliminating the earnings penalty on senior citizens who continue to work after reaching retirement ag...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy