I
104TH CONGRESS
2D SESSION
H. R. 3752
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
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 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) inserting ‘‘(in this section referred to
as the ‘Convention’)’’ after ‘‘1973’’; and
(B) inserting ‘‘and subject to subsections
(b), (c), (d), and (e)’’ before the period at the
end; and
(2) adding at the end the following new sub-
sections:
‘‘(d) The Secretary of the Interior shall not nominate
any lands owned by the United States for inclusion on the
World Heritage List pursuant to the Convention unless
such nomination is specifically authorized by a law enacted
after the date of enactment of the American Land Sov-
ereignty Protection Act of 1996. The President may from
time to time submit to the Speaker of the House and the
President of the Senate proposals for legislation authoriz-
ing such a 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 and the President of the Senate a
report describing the necessity for including that
property on the list; 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 enacted after
the date that report is submitted.’’.
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
United Nations Educational, Scientific, and Cultural Or-
ganization.
‘‘(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 De-
cember 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.’’.
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 of
lands owned by a State or local government, under any
international agreement 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 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) In this section, the term ‘international agree-
ment’ means any treaty, compact, executive agreement,
convention, 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 terres-
trial or marine environment, flora, or fauna.’’.
Æ