99–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–162 

TO CONVEY CERTAIN SUBMERGED LANDS TO THE COMMONWEALTH OF 

THE NORTHERN MARIANA ISLANDS IN ORDER TO GIVE THAT TERRITORY THE SAME BENEFITS IN ITS SUBMERGED LANDS AS GUAM, THE 

VIRGIN ISLANDS, AND AMERICAN SAMOA HAVE IN THEIR SUBMERGED 

LANDS 

JULY 20, 2011.—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. 670] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 670) to convey certain submerged lands to the Commonwealth of the Northern Mariana Islands in order to give that territory the same benefits in its submerged lands as Guam, the Virgin 

Islands, and American Samoa have in their submerged lands, 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. 670 is to convey certain submerged lands to 

the Commonwealth of the Northern Mariana Islands in order to 

give that territory the same benefits in its submerged lands as 

Guam, the Virgin Islands, and American Samoa have in their submerged lands. 

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 easternmost 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 


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Territory of the Pacific Islands (TTPI), with the U.S. as its administering authority under 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. 

The Covenant defined the relationship between the Northern Mariana Islands and the U.S., with the Northern Mariana Islands 

functioning 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 the 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 (Covenant) and then-President Gerald 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 TTPI as it applied to the CNMI in 

1990. 

In 1974, Congress passed the Territorial Submerged Lands Act 

which gave Guam, the U.S. Virgin Islands and American Samoa jurisdiction over submerged lands out to three geographical miles; 

however, the Act was enacted before the CNMI was granted territory status. 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. 

federal government’s position on the submerged lands surrounding 

CNMI 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, the 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.’’ The 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. 

COMMITTEE ACTION

H.R. 670 was introduced on February 11, 2011, by Delegate 

Gregorio 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 

May 12, 2011, the Subcommittee on Fisheries, Wildlife, Oceans, 

and Insular Affairs held a hearing on the bill. On June 15, 2011, 

the Full 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 


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and the bill was 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. 670—A bill to convey certain submerged lands to the Commonwealth of the Northern Mariana Islands in order to give that 

territory the same benefits in its submerged lands as Guam, the 

Virgin Islands, and American Samoa have in their submerged 

lands 

H.R. 670 would convey ownership of submerged lands to the 

Commonwealth of the Northern Mariana Islands 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. Based on information from the Department of 

the Interior, CB0 estimates that implementing H.R. 670 would 

have no significant cost to the federal government. Enacting the 

bill would not affect direct spending or revenues; therefore, pay-asyou-go procedures do not apply. 

H.R. 670 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. 

This 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 implementing H.R. 670 

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. 


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3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

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. 

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): 

SECTION 1 OF THE 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 by the Senate and 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) * * * 

* * * * * * * 

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 


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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. 

* * * * * * * 

(d)(1) The Secretary of the Interior shall, not later than sixty 

days after the date of enactment of this subsection, convey to the 

governments of Guam, the Commonwealth of the Northern Mariana 

Islands, the Virgin Islands, and American Samoa, as the case may 

be, all right, title, and interest of the United States in deposits of 

oil, gas, and other minerals in the submerged lands conveyed to the 

government of such territory by subsection (a) of this section. 

* * * * * * * 

Æ 


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