Union Calendar No. 456
104TH CONGRESS
2D SESSION
H. R. 3752
[Report No. 104–835]
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.
SEPTEMBER 24, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 456
104TH CONGRESS
2D SESSION
H. R. 3752
[Report No. 104–835]
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
JUNE 27, 1996
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
SEPTEMBER 24, 1996
Additional sponsors: Mr. COBURN, Mr. NETHERCUTT, Mr. BONO, Mrs.
CHENOWETH, Mr. MILLER of Florida, Mr. HERGER, Mrs. VUCANOVICH,
Mr. HOSTETTLER, Mr. BARR of Georgia, Mr. STOCKMAN, Mr. STUMP,
Mr. SOLOMON, Mr. TAYLOR of North Carolina, Ms. DUNN of Washing-
ton, Mr. HUTCHINSON, Mr. RADANOVICH, Mr. KIM, Mr. POMBO, Mr.
WELDON of Florida, Mr. HASTINGS of Washington, Mr. DUNCAN, Mrs.
SMITH of Washington, Mrs. CUBIN, Mr. SKEEN, Mr. COOLEY of Oregon,
Mr. DICKEY, and Mr. CREMEANS
SEPTEMBER 24, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 27, 1996]
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 of 1996’’.
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 pursu-
ant 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 Unit-
ed States diminishes the authority of the Congress to
make rules and regulations respecting these lands.
(b) PURPOSE.—The purposes of this Act are the follow-
ing:
(1) To reaffirm the power of the Congress under
article IV, section 3, of the Constitution over inter-
SEC. 4. PROHIBITION AND TERMINATION OF 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 Unit-
ed Nations Educational, Scientific, and Cultural Organiza-
tion.
‘‘(b) Any designation of an area in the United States
as a Biosphere Reserve under the Man and Biosphere Pro-
gram 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 the date of enactment of the American Land
Sovereignty Protection Act of 1996 and before Decem-
ber 31, 1999;
‘‘(2) consists solely of lands that on the date of
that 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 the following information for each
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 contributing 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, clas-
sify, or designate any lands owned by the United States
and located within the United States for a special or re-
stricted use under any international agreement unless such
nomination, classification, or designation is specifically au-
thorized by law. The President may from time to time sub-
mit 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 of
lands owned by a State or local government, under any
international agreement shall have no force or effect unless
the nomination, classification, or designation is specifically
authorized by a law enacted by the State or local govern-
ment, respectively.
‘‘(c) A nomination, classification, or designation of
privately owned lands under any international agreement
shall have no force or effect without the written consent of
the owner of the lands.
‘‘(d) This section shall not apply to—
‘‘(1) sites nominated under the Convention on
Wetlands of International Importance Especially as
Waterfowl Habitat (popularly known as the Ramsar
Convention);
‘‘(2) agreements established under section 16(a)
of the North American Wetlands Conservation Act (16
U.S.C. 4413); and
‘‘(3) 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, conven-
tion, or bilateral 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 insert-
ing ‘‘Committee on Resources’’.