Union Calendar No. 141
105TH CONGRESS
1ST SESSION
H. R. 901
[Report No. 105–245]
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 5, 1997
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. 141
105TH CONGRESS
1ST SESSION
H. R. 901
[Report No. 105–245]
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
FEBRUARY 27, 1997
Mr. YOUNG of Alaska (for himself, Mr. CONDIT, Mr. SOLOMON, Mr. PICKETT,
Mr. COBURN, Mr. TRAFICANT, Mr. POMBO, Mr. STENHOLM, Mr.
HILLEARY, Ms. DANNER, Mrs. CHENOWETH, Mr. ORTIZ, Mrs. CUBIN,
Mr. PETERSON of Minnesota, Mr. HASTINGS of Washington, Mr.
NETHERCUTT, Ms. DUNN, Mr. HOSTETTLER, Mr. HERGER, Mr. STUMP,
Mr. BONO, Mr. SMITH of Oregon, Mr. TAYLOR of North Carolina, Mr.
DOOLITTLE, Mr. DICKEY, Mr. DUNCAN, Mr. NORWOOD, Mr. HAYWORTH,
Mr. MCINTOSH, Mr. CUNNINGHAM, Mr. BARR of Georgia, Mr. SKEEN,
Mr. WELDON of Florida, Mr. CANADY of Florida, Mr. COMBEST, Mr.
SENSENBRENNER, Mr. BACHUS, Mr. LEWIS of California, Mr. MCKEON,
Mr. GEKAS, Mrs. SMITH of Washington, Mr. COLLINS, Mr. STEARNS,
Mr. LARGENT, Mr. MILLER of Florida, Mr. HUTCHINSON, Mr. KIM, Mr.
CALVERT, Mr. KNOLLENBERG, Mr. GILLMOR, Mr. METCALF, Mr. TAU-
ZIN, Mr. TALENT, Mr. CRANE, Mr. BRYANT, Mr. ARCHER, Mr. BILBRAY,
Mr. BLILEY, Mr. HILL, Mrs. EMERSON, Mr. RADANOVICH, Mr.
GOODLATTE, Mr. GIBBONS, Mr. MANZULLO, Mr. SPENCE, Mr. BART-
LETT of Maryland, and Mr. HULSHOF) introduced the following bill;
which was referred to the Committee on Resources
SEPTEMBER 5, 1997
Additional sponsors: Mr. PETERSON of Pennsylvania, Mr. SHADEGG, Mr. GRA-
HAM, Mr. CRAPO, Mr. JOHN, Mr. JONES, Mr. LEWIS of Kentucky, Mr.
MCHUGH, Mr. CANNON, Mr. ISTOOK, Mrs. MYRICK, Mr. BLUNT, Mr.
CHAMBLISS, Mr. LUCAS of Oklahoma, Mr. MCINNIS, Mr. WATKINS, Mr.
PAXON, Mr. BONILLA, Mr. GOODE, Mr. WATTS of Oklahoma, Mr. HUN-
TER, Mr. TIAHRT, Mr. COOK, Mr. LIVINGSTON, Mr. HYDE, Mr. EVER-
ETT, Mr. THORNBERRY, Mr. COOKSEY, Mr. MICA, Mr. BISHOP, Mrs.
NORTHUP, Mr. LATHAM, Mr. NEUMANN, Mr. HASTERT, Mr. WELLER,
Mr. SOUDER, Mr. TURNER, Mr. HALL of Texas, Mr. BOEHNER, Mr.
MCCOLLUM, Mr. BAKER, Mr. BURR of North Carolina, Mr. HOBSON, Mr.
ROGERS, Mr. ROHRABACHER, Mr. MCCRERY, Mr. MCINTYRE, Mr. SMITH
of Texas, Mr. DEAL of Georgia, Mr. BOB SCHAFFER of Colorado, Mr.
MORAN of Kansas, Mr. BURTON of Indiana, Mr. CRAMER, Mr. NEY, Mr.
SMITH of New Jersey, Mr. BARTON of Texas, Mr. DREIER, Mr. GANSKE,
Mr. LINDER, Mr. CHABOT, Mr. CAMP, Mr. KING, Mr. PAPPAS, Mr. SES-
SIONS, Ms. GRANGER, Mr. DAN SCHAEFER of Colorado, Mr. PACKARD,
Mr. ROYCE, Mr. PITTS, Mr. SALMON, Mr. WAMP, Mr. GOODLING, Mr.
JENKINS, Mr. GUTKNECHT, Mr. KINGSTON, Mr. SAM JOHNSON of Texas,
Mr. CALLAHAN, Mr. BARCIA, Mr. KOLBE, Mrs. FOWLER, Mr. UPTON,
Mr. FOLEY, Mr. RIGGS, Mr. BRADY, Mr. SCARBOROUGH, Mr. DELAY,
Mr. TAYLOR of Mississippi, Mr. PICKERING, Mr. BASS, Mr. THUNE, Mr.
SISISKY, Mr. REDMOND, Mr. SCHIFF, Mr. INGLIS of South Carolina, Mr.
ENSIGN, Mr. ADERHOLT, Mr. THOMAS, Mr. OXLEY, Mr. SNOWBARGER,
Mr. CHRISTENSEN, Mr. LAHOOD, Mr. RILEY, Mr. SHIMKUS, Mr. PAUL,
Mr. EHRLICH, Mr. NUSSLE, Mr. HOEKSTRA, and Mr. WICKER
SEPTEMBER 5, 1997
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 February 27, 1997]
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 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-
national agreements which concern disposal, manage-
ment, and use of lands belonging to the United States.
(2) To protect State powers not reserved to the
Federal Government under the Constitution from Fed-
eral 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 des-
ignating lands pursuant to international agreements.
(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, un-
less—
‘‘(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 Herit-
age List, and publishes that finding;
‘‘(B) the Secretary has submitted to the Congress
a report describing—
‘‘(i) natural resources associated with the
lands referred to in subparagraph (A); and
‘‘(ii) the impacts that inclusion of the nomi-
nated 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 Speaker
of the House of Representatives and the President 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 prop-
erty on the list would have on existing and fu-
ture uses of the property and other property lo-
cated within 10 miles of the property proposed
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 sub-
mittal 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 Representatives
and of 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 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 manage-
ment 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 Unit-
ed Nations Educational, Scientific, and Cultural Organiza-
tion.
‘‘(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 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 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 report
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 manage-
ment 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,
under any international agreement, of lands owned by a
State or local government 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,
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 agreement’
means any treaty, compact, executive agreement, conven-
tion, 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 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’’.