Requires the Secretary to object to inclusion of property on the World Heritage in Danger list unless the Secretary: (1) submits such report to Congress; and (2) is specifically authorized to assent to such inclusion by an Act of Congress.
Prohibits any Federal official from nominating property for designation as a Biosphere Reserve unless the Secretary of State: (1) publishes such proposed nomination and conducts required hearings; (2) makes the same considerations and submits the same type of report as required of the Secretary for inclusion on the World Heritage List and the nomination is specifically authorized by an Act of Congress. Requires such Secretary to object to such a designation unless such report is submitted and such Secretary is specifically authorized to assent to such inclusion by an Act of Congress. Provides transitional provisions for property so designated before the enactment of this Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2575 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2575
To preserve the sovereignty of the United States over property owned by
the United States, to preserve State sovereignty over and private
property rights in non-Federal property surrounding Federal Property,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2002
Mr. Smith of New Hampshire introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To preserve the sovereignty of the United States over property owned by
the United States, to preserve State sovereignty over and private
property rights in non-Federal property surrounding Federal Property,
and for other purposes.
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 PURPOSES.
(a) Findings.--Congress finds that--
(1) the power to dispose of and make all necessary rules
governing property belonging to the United States is vested in
Congress under section 3 of article IV of the Constitution;
(2) some Federal property designations under international
agreements concern land use policies and regulations for
property belonging to the United States that, under section 3
of article IV of the Constitution, can be implemented only by
an Act of Congress;
(3) some international property 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, that have no legislative
directive or authorization from Congress;
(4) actions by the United States in making such
designations may affect the use and value of nearby non-Federal
property;
(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 property
belonging to the United States under international agreements
in some cases conflict with congressional constitutional
responsibilities and the sovereign powers of the States; and
(8) actions by the President in applying certain
international agreements to property owned by the United States
diminish the authority of Congress to make rules respecting the
property.
(b) Purposes.--The purposes of this Act are--
(1) to reaffirm the power of Congress under section 3 of
article IV of the Constitution over international agreements
that concern disposal, management, and use of property
belonging to the United States;
(2) to protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating property under international agreements;
(3) to ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal action designating property under an international
agreement for the purpose of imposing restrictions on use of
the property;
(4) to protect private interests in property from
diminishment as a result of Federal action designating property
under international agreements; and
(5) to provide a process under which the United States may,
when it is desirable to do so, designate property under an
international agreement.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
(1) by striking ``Sec. 401. (a)'' and inserting the
following:
``SEC. 401. PARTICIPATION BY THE UNITED STATES.
``(a) In General.--'';
(2) in the first sentence of subsection (a)--
(A) by striking ``The Secretary of the Interior''
and inserting ``Subject to subsections (b), (c), (d),
and (e), the Secretary of the Interior (referred to in
this section as the `Secretary')''; and
(B) by inserting ``(referred to in this section as
the `Convention')'' after ``1973'';
(3) in subsection (b)--
(A) by striking ``(b) The Secretary of the
Interior'' and inserting ``(b) Nomination of Property
to World Heritage Committee.--The Secretary''; and
(B) in the fourth sentence--
(i) by striking ``Representatives and'' and
inserting ``Representatives,''; and
(ii) by inserting before the final period
``, and the appropriate State and local
governments'';
(4) in subsection (c), by striking ``(c) No non-Federal
property may be nominated by the Secretary of the Interior''
and inserting ``(c) Nomination of Non-Federal Property to World
Heritage Committee.--No non-Federal property may be nominated
by the Secretary''; and
(5) by adding at the end the following:
``(d) Requirements for Nomination of Properties.--The Secretary
shall not nominate a property under subsection (b) unless--
``(1) the Secretary publishes a proposed nomination in the
Federal Register and conducts a proceeding under sections 555,
556, and 557, of title 5, United States Code;
``(2) the Secretary, in carrying out the proceeding
described in paragraph (1)--
``(A) considers--
``(i) natural resources associated with the
property proposed to be nominated and other
property located within 10 miles of the
property to be nominated; and
``(ii) the impact that inclusion of the
property proposed to be nominated on the World
Heritage List would have on existing and future
uses of the property proposed to be nominated
or other property located within 10 miles of
the property to be nominated; and
``(B) determines that commercially viable uses (in
existence on the date of the nomination) of the
property proposed to be nominated and of other property
located within 10 miles of the property proposed to be
nominated will not be adversely affected by inclusion
of the property on the World Heritage List; and
``(3) the Secretary submits to Congress a report that--
``(A) contains the information described in
subparagraphs (A) and (B);
``(B) describes the necessity for including the
property on the list; and
``(C) proposes legislation authorizing nomination
of the property; and
``(4) the nomination is specifically authorized by an Act
of Congress enacted after the date of the report.
``(e) Objection to Inclusion of Property.--The Secretary shall
object to the inclusion of 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 submits to Congress the report required
under subsection (d)(1)(C); and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list by an Act of Congress
enacted after the date of submission of the report under
paragraph (1).
``(f) Decisionmaking.--Notwithstanding any provision of the
Convention, all land management decisions with respect to any Federal
or State land shall remain the responsibility of the land management
agency that administers the land.''.
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:
``SEC. 403. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
``(a) In General.--No Federal official may nominate property 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 unless--
``(1) the Secretary of State publishes a proposed
nomination in the Federal Register and conducts a proceeding
under sections 555, 556, and 557, of title 5, United States
Code;
``(2) the Secretary of State, in carrying out the
proceeding described in paragraph (1)--
``(A) considers--
``(i) natural resources associated with the
property proposed to be nominated and other
property located within 10 miles of the
property to be nominated; and
``(ii) the impact that inclusion of the
property proposed to be designated as a
Biosphere would have on existing and future
uses of the property proposed to be nominated
or other property located within 10 miles of
the property to be nominated;
``(B) determines that commercially viable uses (in
existence on the date of the nomination) of the
property proposed to be nominated and of other property
located within 10 miles of the property proposed to be
nominated will not be adversely affected by designation
of the property as a Biosphere; and
``(3) the Secretary of State submits to Congress a report
that--
``(A) contains the information described in
subparagraphs (A) and (B);
``(B) describes the necessity for including the
property in the program; and
``(C) proposes legislation authorizing nomination
of the property; and
``(4) the nomination is specifically authorized by an Act
of Congress enacted after the date of the report.
``(b) Objection to Inclusion of Property.--The Secretary of State
shall object to the designation of property in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization, unless--
``(1) the Secretary of State submits Congress the report
required under subsection (a)(1)(C); and
``(2) the Secretary of State is specifically authorized to
assent to the inclusion of the property on the list by an Act
of Congress enacted after the date of submission of the report
under paragraph (1).
``(c) Properties Designated Before Date of Enactment.--Any
designation of property in the United States as a Biosphere Reserve
under the Man and Biosphere Program of the United Nations Educational,
Scientific, and Cultural Organization made before the date of enactment
of this section shall terminate on December 31, 2003, unless the
Biosphere Reserve--
``(1) is specifically authorized by a law enacted after the
date of enactment of this section and before December 31, 2003;
``(2) consists solely of property that on the date of
enactment of this section is owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of nearby non-Federal property is not
limited or restricted as a result of the designation.
``(d) Decisionmaking.--Notwithstanding any provision of the
Convention, all land management decisions with respect to any Federal
or State land shall remain the responsibility of the land management
agency that administers the land.''.
SEC. 5. TECHNICAL AMENDMENTS.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended--
(1) in the last sentence of section 401(b), by striking
``Committee on Natural Resources'' and inserting ``Committee on
Resources''; and
(2) in section 402, by striking ``Sec. 402. Prior to the
approval'' and inserting the following:
``SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS
OUTSIDE THE UNITED STATES.
``Prior to the approval''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4969-4970)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S4970-4971)
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