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[House Report 106-367]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-367

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 APPOINTMENTS TO KEWEENAW NATIONAL HISTORICAL PARK ADVISORY COMMISSION

                                _______

October 7, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 748]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 748) to amend the Act that established the Keweenaw 
National Historical Park to require the Secretary of the 
Interior to consider nominees of various local interests in 
appointing members of the Keweenaw National Historical Parks 
Advisory Commission, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. APPOINTMENTS TO KEWEENAW NATIONAL HISTORICAL PARK ADVISORY 
                    COMMISSION.

    Section 9(c)(1) of the Act entitled ``An Act to establish the 
Keweenaw National Historical Park, and for other purposes'' (Public Law 
102-543; 16 U.S.C. 410yy-8(c)(1)) is amended by striking ``from 
nominees'' each place it appears and inserting ``after consideration of 
nominees''.

    Amend the title so as to read:

    A bill to amend the Act that established the Keweenaw National 
Historical Park to require the Secretary of the Interior to consider 
nominees of various local interests in appointing members of the 
Keweenaw National Historical Park Advisory Commission.

                          Purpose of the Bill

    As introduced, the purpose of H.R. 748 is to amend the Act 
that established the Keweenaw National Historical Park to 
require the Secretary of the Interior to consider nominees of 
various local interests in appointing members of the Keweenaw 
National Historical Parks Advisory Commission.

                  Background and Need for Legislation

    This bill would amend the Act that established Keweenaw 
National Historical Park to require the Secretary of the 
Interior to consider nominees of various local interests in 
appointing members of the Keweenaw National Historical Park 
Advisory Commission. The Keweenaw National Historical Park 
Advisory Commission has performed a number of duties since its 
establishment in1992. The Advisory Commission serves as an 
advisory body which assists the Secretary of the Interior in 
many areas, including the preparation and implementation of the 
Historical Park's general management plan and disbursal of 
funds for developing non-federal property. The Commission also 
assists the Secretary in developing programs and policies for 
the conservation and protection of the scenic, historical, 
cultural, and natural resources which are found throughout the 
Historical Park.
    The existing statute establishing the Keweenaw National 
Historical Park Advisory Commission states that members shall 
be appointed ``from nominees'' submitted by various local 
governmental entities. Apparently, this has raised 
Constitutional concerns as the statute directs the Secretary of 
the Interior to appoint to the Commission persons nominated by 
state and local officials. The Department of Justice has opined 
that this procedure does not satisfy the requirements imposed 
by the Appointments Clause. H.R. 748 addresses these 
Constitutional concerns by striking ``from nominees'' each 
place it appears and inserting ``after consideration of 
nominees''.

                            Committee Action

    H.R. 748 was introduced on February 11, 1999, by 
Congressman Bart Stupak (D-MI). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On July 13, 
1999, the Subcommittee held a hearing on the bill where the 
Administration testified in favor of the bill with a minor 
amendment. On August 5, 1999, the Subcommittee met to consider 
the bill. An amendment was offered by Congressman Carlos 
Romero-Barcelo (D-PR) which struck the provision requiring the 
Secretary of the Interior to justify in writing the reasons for 
not selecting a nominee submitted by the local governmental 
entity. The amendment was adopted by voice vote and then the 
bill, as amended, was ordered favorably reported to the Full 
Committee by voice vote. On September 22, 1999, the Full 
Committee met to consider the bill. No amendments were offered 
and the bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

            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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 1, 1999.
Hon. Don Young,
Chairman, Committee on Resources
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 748, a bill to 
amend the act that established the Keweenaw National Historical 
Park to require the Secretary of the Interior to consider 
nominees of various local interests in appointing members of 
the Keweenaw National Historical Parks Advisory Commission.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 748--A bill to amend the act that established the Keweenaw 
        National Historical Park to require the Secretary of the 
        Interior to consider nominees of various local interests in 
        appointing members of the Keweenaw National Historical Parks 
        Advisory Commission

    H.R. 748 would change the way that the Secretary of the 
Interior chooses people to serve on the Keweenaw National 
Historical Park Advisory Commission. Specifically, the bill 
would eliminate the requirement that candidates for the 
commission be chosen from those nominated by state and local 
officials, allowing the Secretary to consider other candidates.
    CBO estimates that implementing H.R. 748 would have no 
impact on the federal budget. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. H.R. 748 contains no private-sector or 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                  Federal Advisory Committee Statement

    This bill affects an advisory committee already in 
existence.

                    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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                SECTION 9 OF THE ACT OF OCTOBER 27, 1992

  AN ACT To establish the Keweenaw National Historical Park, and for 
                            other purposes.

SEC. 9. KEWEENAW NATIONAL HISTORICAL PARK ADVISORY COMMISSION.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Membership.--
          (1) Composition.--The Commission shall be composed of 
        seven members appointed by the Secretary, of whom--
                  (A) two members shall be appointed [from] 
                after consideration of nominees submitted by 
                the Calumet Village Council and the Calumet 
                Township Board;
                  (B) one member shall be appointed [from] 
                after consideration of nominees submitted by 
                the Quincy Township Board and the Franklin 
                Township Board;
                  (C) one member shall be appointed [from] 
                after consideration of nominees submitted by 
                the Houghton County Board of Commissioners;
                  (D) one member shall be appointed [from] 
                after consideration of nominees submitted by 
                the Governor of the State of Michigan; and,
                  (E) two members who are qualified to serve on 
                the Commission because of their familiarity 
                with National Parks and historic preservation.

                                

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