[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3146 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 3146
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 2 (legislative day, September 22), 2000
Mr. Campbell introduced the following bill; which was read the first
time
_______________________________________________________________________
A BILL
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 enactment and before December 31, 2000;
``(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 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''.
<all>
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
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