Union Calendar No. 81
106TH CONGRESS
1ST SESSION
H. R. 883
[Report No. 106–142]
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 sov-
ereignty and private property rights in non-Fed-
eral lands surrounding those public lands and ac-
quired lands.
MAY 13, 1999
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 81
106TH CONGRESS
1ST SESSION
H. R. 883
[Report No. 106–142]
To preserve the sovereignty of the United States over public lands and
acquired lands owned by the United States, and to preserve State sov-
ereignty and private property rights in non-Federal lands surrounding
those public lands and acquired lands.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1999
Mr. YOUNG of Alaska (for himself, Ms. DANNER, Mr. DELAY, Mr. PICKETT,
Mrs. EMERSON, Mr. TRAFICANT, Mr. COBURN, Mr. GOODE, Mr. POMBO,
Mr. BARCIA, Mrs. CHENOWETH, Mr. HALL of Texas, Mrs. CUBIN, Mr.
SHOWS, Mr. HASTINGS of Washington, Mr. BISHOP, Ms. DUNN, Mr.
SISISKY, Mr. HERGER, Mr. CRAMER, Mrs. BONO, Mr. MCINTYRE, Mr.
TAYLOR of North Carolina, Mr. GREEN of Texas, Mr. HILLEARY, Mr.
DUNCAN, 
Mr. 
NORWOOD, 
Mr. 
KASICH, 
Mr. 
MCINTOSH, 
Mr.
CUNNINGHAM, Mr. THOMAS, Mr. SKEEN, Mr. WELDON of Florida, Mr.
NETHERCUTT, Mr. COMBEST, Mr. SENSENBRENNER, Mr. BACHUS, Mr.
LEWIS of California, Mr. MCKEON, Mr. HOSTETTLER, Mr. STUMP, Mr.
DOOLITTLE, Mr. STEARNS, Mr. LARGENT, Mr. GARY MILLER of Cali-
fornia, Mr. HUTCHINSON, Mr. WELDON of Pennsylvania, Mr. CALVERT,
Mr. KNOLLENBERG, Mr. GILLMOR, Mr. METCALF, Mr. LOBIONDO, Mr.
WALDEN of Oregon, Mr. CRANE, Mr. BRYANT, Mr. ARCHER, Mr.
TANCREDO, Mr. BLILEY, Mr. HILL of Montana, Mr. EVERETT, Mr.
RADANOVICH, Mr. GOODLATTE, Mr. GIBBONS, Mr. MANZULLO, Mr.
SPENCE, Mr. BARTLETT of Maryland, Mr. ISTOOK, Mr. HUNTER, Mr.
BONILLA, Mr. BURTON of Indiana, Mr. ROHRABACHER, Mr. PAUL, Mr.
BILBRAY, Mr. PETERSON of Pennsylvania, Mr. FOLEY, Mr. LATHAM, Mr.
BLUNT, Mr. LINDER, Mrs. MYRICK, Mr. SHADEGG, Mr. HOEKSTRA, Mr.
PICKERING, Mr. NEY, Mr. MCINNIS, Mr. ROYCE, Mr. BAKER, Mr. CAL-
LAHAN, Mr. WATKINS, Mr. DEAL of Georgia, Mr. PACKARD, Mr. ROG-
ERS, Mr. BRADY of Texas, Mr. SMITH of Texas, Mr. SCHAFFER, Mr.
LEWIS of Kentucky, Mr. WICKER, Mr. BURR of North Carolina, Mr.
TIAHRT, Mr. COOKSEY, Mr. DICKEY, Mr. JONES of North Carolina, Mr.
SOUDER, Mr. GRAHAM, Mr. DEMINT, Mr. HAYWORTH, Mr. ROGAN, Mr.
OXLEY, Mr. PITTS, Mr. WELLER, Mr. BARR of Georgia, Mr. GOSS, Ms.
GRANGER, Mr. CANNON, Mr. SAM JOHNSON of Texas, Mr. THORNBERRY,
Mr. LUCAS of Oklahoma, Mr. BASS, Mr. MORAN of Kansas, Mr. WAMP,
Mrs. FOWLER, Mr. SMITH of Michigan, Mr. SWEENEY, Mr. ADERHOLT,
Mr. RILEY, Mr. GOODLING, Mr. SIMPSON, Mr. BARTON of Texas, and
Mr. FLETCHER) introduced the following bill; which was referred to the
Committee on Resources
MAY 13, 1999
Additional sponsors: Mr. FORBES, Mr. PETERSON of Minnesota, Mr. COOK,
Mr. STENHOLM, Mr. SESSIONS, Mr. SMITH of New Jersey, Mr. COLLINS,
Mr. GUTKNECHT, Mr. HOBSON, Mr. WATTS of Oklahoma, Mr. TALENT,
Mr. MCCRERY, Mr. SALMON, Mr. CHABOT, Mr. HAYES, Mr. DREIER, Mr.
SHERWOOD, Mrs. NORTHUP, Mr. UPTON, Mr. BUYER, Mr. BATEMAN,
Mr. NUSSLE, Mr. MILLER of Florida, Mr. HYDE, Mr. LAHOOD, Mr.
BERRY, Mr. SHIMKUS, Mr. HULSHOF, Mr. CANADY of Florida, Mr.
GALLEGLY, Mr. ORTIZ, Mr. WHITFIELD, Mr. GREEN of Wisconsin, Mr.
BALLENGER, Mr. COBLE, Mr. COX, Mr. TERRY, Mr. RYUN of Kansas,
Mr. LUCAS of Kentucky, Mr. SCARBOROUGH, Mr. REYNOLDS, Mr. TAU-
ZIN, Mr. PEASE, Mr. THUNE, Mr. HOLDEN, Mr. CHAMBLISS, Mr. HAN-
SEN, Mr. MCCOLLUM, Mr. GEKAS, Mr. SKELTON, Mr. TURNER, Mr.
JENKINS, Mr. ISAKSON, Mr. SUNUNU, Mr. EHRLICH, and Mr. CAMP
MAY 13, 1999
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Land Sov-
ereignty Protection Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The power to dispose of and make all need-
ful 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 pur-
suant 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 Cul-
tural Organization, operate under independent na-
tional committees, such as the United States Na-
tional Man and Biosphere Committee, which have no
legislative directives or authorization from the Con-
gress.
(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 Con-
gress to make rules and regulations respecting these
lands.
(b) PURPOSE.—The purposes of this Act are the fol-
lowing:
(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 inter-
national agreements.
(3) To ensure that no United States citizen suf-
fers any diminishment or loss of individual rights as
a result of Federal actions designating lands pursu-
ant to international agreements for purposes of im-
posing 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 agree-
ments.
(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 sub-
sections:
‘‘(d)(1) The Secretary of the Interior may not nomi-
nate 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 Con-
gress a report describing—
‘‘(i) natural resources associated with the
lands referred to in subparagraph (A); and
‘‘(ii) the impacts that inclusion of the nom-
inated lands on the World Heritage List would
have on existing and future uses of the nomi-
nated 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 subpara-
graph (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 Speak-
er of the House of Representatives and the Presi-
dent of the Senate a report describing—
‘‘(A) the necessity for including that prop-
erty 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 pro-
posed 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 an-
nual 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 Representa-
tives and of the Committee on Energy and Natural Re-
sources 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 nongovern-
mental organizations that contributed to the man-
agement 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 UNAUTHOR-
IZED 
UNITED 
NATIONS 
BIOSPHERE 
RE-
SERVES.
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 Or-
ganization.
‘‘(b) Any designation on or before the date of enact-
ment 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 Na-
tions 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 spe-
cifically ensures that the use of intermixed or adja-
cent 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 re-
port 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 nongovern-
mental organizations that contributed to the man-
agement 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 fur-
ther amended by adding at the end the following new sec-
tion:
‘‘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 specifi-
cally authorized by law. The President may from time to
time submit to the Speaker of the House of Representa-
tives and the President of the Senate proposals for legisla-
tion authorizing such a nomination, classification, or des-
ignation.
‘‘(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 un-
less the nomination, classification, or designation is spe-
cifically 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 con-
sent 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 agree-
ment’ 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 en-
tity, 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’’.