[House Report 106-367]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-367
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APPOINTMENTS TO KEWEENAW NATIONAL HISTORICAL PARK ADVISORY COMMISSION
_______
October 7, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 748]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 748) to amend the Act that established the Keweenaw
National Historical Park to require the Secretary of the
Interior to consider nominees of various local interests in
appointing members of the Keweenaw National Historical Parks
Advisory Commission, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. APPOINTMENTS TO KEWEENAW NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
Section 9(c)(1) of the Act entitled ``An Act to establish the
Keweenaw National Historical Park, and for other purposes'' (Public Law
102-543; 16 U.S.C. 410yy-8(c)(1)) is amended by striking ``from
nominees'' each place it appears and inserting ``after consideration of
nominees''.
Amend the title so as to read:
A bill to amend the Act that established the Keweenaw National
Historical Park to require the Secretary of the Interior to consider
nominees of various local interests in appointing members of the
Keweenaw National Historical Park Advisory Commission.
Purpose of the Bill
As introduced, the purpose of H.R. 748 is to amend the Act
that established the Keweenaw National Historical Park to
require the Secretary of the Interior to consider nominees of
various local interests in appointing members of the Keweenaw
National Historical Parks Advisory Commission.
Background and Need for Legislation
This bill would amend the Act that established Keweenaw
National Historical Park to require the Secretary of the
Interior to consider nominees of various local interests in
appointing members of the Keweenaw National Historical Park
Advisory Commission. The Keweenaw National Historical Park
Advisory Commission has performed a number of duties since its
establishment in1992. The Advisory Commission serves as an
advisory body which assists the Secretary of the Interior in
many areas, including the preparation and implementation of the
Historical Park's general management plan and disbursal of
funds for developing non-federal property. The Commission also
assists the Secretary in developing programs and policies for
the conservation and protection of the scenic, historical,
cultural, and natural resources which are found throughout the
Historical Park.
The existing statute establishing the Keweenaw National
Historical Park Advisory Commission states that members shall
be appointed ``from nominees'' submitted by various local
governmental entities. Apparently, this has raised
Constitutional concerns as the statute directs the Secretary of
the Interior to appoint to the Commission persons nominated by
state and local officials. The Department of Justice has opined
that this procedure does not satisfy the requirements imposed
by the Appointments Clause. H.R. 748 addresses these
Constitutional concerns by striking ``from nominees'' each
place it appears and inserting ``after consideration of
nominees''.
Committee Action
H.R. 748 was introduced on February 11, 1999, by
Congressman Bart Stupak (D-MI). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On July 13,
1999, the Subcommittee held a hearing on the bill where the
Administration testified in favor of the bill with a minor
amendment. On August 5, 1999, the Subcommittee met to consider
the bill. An amendment was offered by Congressman Carlos
Romero-Barcelo (D-PR) which struck the provision requiring the
Secretary of the Interior to justify in writing the reasons for
not selecting a nominee submitted by the local governmental
entity. The amendment was adopted by voice vote and then the
bill, as amended, was ordered favorably reported to the Full
Committee by voice vote. On September 22, 1999, the Full
Committee met to consider the bill. No amendments were offered
and the bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 1, 1999.
Hon. Don Young,
Chairman, Committee on Resources
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 748, a bill to
amend the act that established the Keweenaw National Historical
Park to require the Secretary of the Interior to consider
nominees of various local interests in appointing members of
the Keweenaw National Historical Parks Advisory Commission.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 748--A bill to amend the act that established the Keweenaw
National Historical Park to require the Secretary of the
Interior to consider nominees of various local interests in
appointing members of the Keweenaw National Historical Parks
Advisory Commission
H.R. 748 would change the way that the Secretary of the
Interior chooses people to serve on the Keweenaw National
Historical Park Advisory Commission. Specifically, the bill
would eliminate the requirement that candidates for the
commission be chosen from those nominated by state and local
officials, allowing the Secretary to consider other candidates.
CBO estimates that implementing H.R. 748 would have no
impact on the federal budget. The bill would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply. H.R. 748 contains no private-sector or
intergovernmental mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.
The CBO staff contact is Deborah Reis. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Federal Advisory Committee Statement
This bill affects an advisory committee already in
existence.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 9 OF THE ACT OF OCTOBER 27, 1992
AN ACT To establish the Keweenaw National Historical Park, and for
other purposes.
SEC. 9. KEWEENAW NATIONAL HISTORICAL PARK ADVISORY COMMISSION.
(a) * * *
* * * * * * *
(c) Membership.--
(1) Composition.--The Commission shall be composed of
seven members appointed by the Secretary, of whom--
(A) two members shall be appointed [from]
after consideration of nominees submitted by
the Calumet Village Council and the Calumet
Township Board;
(B) one member shall be appointed [from]
after consideration of nominees submitted by
the Quincy Township Board and the Franklin
Township Board;
(C) one member shall be appointed [from]
after consideration of nominees submitted by
the Houghton County Board of Commissioners;
(D) one member shall be appointed [from]
after consideration of nominees submitted by
the Governor of the State of Michigan; and,
(E) two members who are qualified to serve on
the Commission because of their familiarity
with National Parks and historic preservation.