29–006 
113TH CONGRESS 
REPORT 
" 
! 
HOUSE OF REPRESENTATIVES 
1st Session 
113–56 
TO AMEND PUBLIC LAW 93–435 WITH RESPECT TO THE NORTHERN MAR-
IANA ISLANDS, PROVIDING PARITY WITH GUAM, THE VIRGIN ISLANDS, 
AND AMERICAN SAMOA 
MAY 14, 2013.—Committed to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
Mr. HASTINGS of Washington, from the Committee on Natural 
Resources, submitted the following 
R E P O R T 
[To accompany H.R. 573] 
[Including cost estimate of the Congressional Budget Office] 
The Committee on Natural Resources, to whom was referred the 
bill (H.R. 573) to amend Public Law 93–435 with respect to the 
Northern Mariana Islands, providing parity with Guam, the Virgin 
Islands, and American Samoa, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass. 
PURPOSE OF THE BILL 
The purpose of H.R. 573 is to amend Public Law 93–435 with re-
spect to the Northern Mariana Islands, providing parity with 
Guam, the Virgin Islands, and American Samoa. 
BACKGROUND AND NEED FOR LEGISLATION 
The Northern Mariana Islands archipelago is located in the west-
ern Pacific, roughly 40 miles north of the U.S. territory of Guam, 
on the eastern-most boundary of the Philippine Sea. The archi-
pelago consists of 14 volcanic islands, with a total land area of 184 
square miles. The island chain spans 375 miles north to south or 
roughly 400 nautical miles from the southern island (Rota) to the 
northern island (Farallon De Pajaros). 
After World War II, a U.S. military government was installed on 
the islands. In 1947, the islands became a United Nations Trust 
Territory of the Pacific Islands, with the U.S. administering the 
trusteeship agreement. The U.S. was required under the trustee-
ship to ‘‘promote the development of the inhabitants of the trust 
territory toward self-government.’’ The Marianas Political Status 
Commission, with representatives from the islands and a delega-
VerDate Mar 15 2010 
04:38 May 15, 2013
Jkt 029006
PO 00000
Frm 00001
Fmt 6659
Sfmt 6602
E:\HR\OC\HR056.XXX
HR056
PWALKER on DSK7TPTVN1PROD with REPORTS
2 
tion from the U.S., negotiated a Covenant to define the relationship 
between the parties. Under the covenant, the Northern Mariana Is-
lands functions as a self-governing commonwealth, while recog-
nizing U.S. sovereignty over the islands. The negotiators signed the 
Covenant on February 15, 1975, and it was unanimously approved 
by the legislature of the Mariana Islands District of United Nations 
Trust Territory of the Pacific Islands on February 17, 1975. 
In 1976, Congress approved the Covenant to Establish a Com-
monwealth of the Northern Mariana Islands (CNMI) in Political 
Union with the United States and then-President Ford signed the 
bill which became Public Law 94–241. The CNMI government 
adopted a constitution in 1978 and its constitutional government 
took office in 1978. In 1986, Presidential Proclamation No. 5564 
fully implemented the Covenant. Finally, the United Nations ter-
minated the trust status as it applied to the CNMI in 1990. 
In 1974, Congress passed the Territorial Submerged Lands Act 
which gave Guam, the Virgin Islands and America Samoa jurisdic-
tion over submerged lands surrounding each of the islands out to 
three geographical miles. The CNMI was not granted similar au-
thorities since it was not a U.S. territory at the time. The CNMI 
legislature passed legislation in 1979, 1980 and 1988 asserting that 
the CNMI had exclusive jurisdiction over submerged lands and off-
shore marine resources. However, the U.S. position has been that 
the submerged lands were not transferred to the CNMI under the 
Covenant and remain under the jurisdiction of the U.S. 
In 2004, CNMI sued the U.S. in District Court under the Quiet 
Title Act (28 U.S.C. 2409a) asserting its claim of jurisdiction over 
oceanic submerged lands and marine resources from its coastline to 
a distance of 200 nautical miles. The District Court ruled that the 
U.S. has ‘‘paramount authority over those lands and resources as 
a necessary and retained element of its national sovereignty.’’ 
CNMI appealed the decision to the Ninth Circuit Court of Appeals. 
The Ninth Circuit affirmed the District Court’s ruling; however, it 
did recognize that Congress has the authority to transfer owner-
ship of submerged lands to the states and its territories. 
H.R. 573 amends section one and two of Public Law 93–435 (48 
U.S.C. 1705) to provide CNMI with the same benefits in its sub-
merged lands as Guam, the Virgin Islands, and American Samoa. 
The amendment to section two of the public law retains federal de-
fense and navigational rights. 
In the 111th and 112th Congresses, similar legislation was re-
ported out of the Natural Resources Committee. In the 111th Con-
gress, H.R. 934 passed the House of Representatives by a roll call 
vote of 416–0, and in the 112th Congress, H.R. 670 passed by a roll 
call vote of 397–0. 
COMMITTEE ACTION 
H.R. 573 was introduced on February 6, 2013, by Congressman 
Gregorio Kilili Camacho Sablan (D–MP). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Fisheries, Wildlife, Oceans and Insular Af-
fairs. On April 24, 2013, the Full Natural Resources Committee 
met to consider the bill. The Subcommittee on Fisheries, Wildlife, 
Oceans and Insular Affairs was discharged by unanimous consent. 
No amendments were offered, and the bill was then adopted and 
VerDate Mar 15 2010 
04:38 May 15, 2013
Jkt 029006
PO 00000
Frm 00002
Fmt 6659
Sfmt 6602
E:\HR\OC\HR056.XXX
HR056
PWALKER on DSK7TPTVN1PROD with REPORTS
3 
ordered favorably reported to the House of Representatives by 
unanimous consent. 
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 
Natural Resources’ oversight findings and recommendations are re-
flected in the body of this report. 
COMPLIANCE WITH HOUSE RULE XIII 
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 
the House of Representatives requires an estimate and a compari-
son by the Committee of the costs which would be incurred in car-
rying out this bill. However, clause 3(d)(2)(B) of that Rule provides 
that this requirement does not apply when the Committee has in-
cluded in its report a timely submitted cost estimate of the bill pre-
pared by the Director of the Congressional Budget Office under sec-
tion 402 of the Congressional Budget Act of 1974. 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 Com-
mittee has received the following cost estimate for this bill from the 
Director of the Congressional Budget Office: 
H.R. 573—A bill to amend Public Law 93–435 with respect to the 
Northern Mariana Islands, providing parity with Guam, the 
Virgin Islands, and American Samoa 
CBO estimates that enacting H.R. 573 would have no significant 
effect on the federal budget. The bill would convey ownership of 
submerged lands to the Commonwealth of the Northern Mariana 
Islands (CNMI) from the mean high tide seaward to the point that 
is three geographical miles from its coast line. Under current law, 
those lands are owned by the United States. The legislation also 
would include CNMI among the islands where the United States 
may establish a naval defensive perimeter. 
Based on information from the Department of the Interior, CBO 
estimates that implementing H.R. 573 would have no significant 
cost to the federal government. Enacting the bill would not affect 
direct spending or revenues; therefore, pay-as-you-go procedures do 
not apply. 
H.R. 573 contains no intergovernmental or private-sector man-
dates as defined in the Unfunded Mandates Reform Act and would 
impose no costs on state, local, or tribal governments. 
The CBO staff contact for this estimate is Matthew Pickford. The 
estimate was approved by Theresa Gullo, Deputy Assistant Direc-
tor for Budget Analysis. 
2. Section 308(a) of Congressional Budget Act. As required by 
clause 3(c)(2) of rule XIII of the Rules of the House of Representa-
tives and section 308(a) of the Congressional Budget Act of 1974, 
this bill does not contain any new budget authority, spending au-
thority, credit authority, or an increase or decrease in revenues or 
tax expenditures. CBO estimates that enacting H.R. 573 would 
have no significant effect on the federal budget. 
3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or objective 
VerDate Mar 15 2010 
05:10 May 15, 2013
Jkt 029006
PO 00000
Frm 00003
Fmt 6659
Sfmt 6602
E:\HR\OC\HR056.XXX
HR056
PWALKER on DSK7TPTVN1PROD with REPORTS
4 
of this bill is to amend Public Law 93–435 with respect to the 
Northern Mariana Islands, providing parity with Guam, the Virgin 
Islands, and American Samoa. 
EARMARK STATEMENT 
This bill does not contain any Congressional earmarks, limited 
tax benefits, or limited tariff benefits as defined under clause 9(e), 
9(f), and 9(g) of rule XXI of the Rules of the House of Representa-
tives. 
COMPLIANCE WITH PUBLIC LAW 104–4 
This bill contains no unfunded mandates. 
COMPLIANCE WITH H. RES. 5 
Directed Rule Making. The Chairman does not believe that this 
bill directs any executive branch official to conduct any specific 
rule-making proceedings. 
Duplication of Existing Programs. This bill does not establish or 
reauthorize a program of the federal government known to be du-
plicative of another program. Such program was not included in 
any report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111–139 or identified in the 
most recent Catalog of Federal Domestic Assistance published pur-
suant to the Federal Program Information Act (Public Law 95–220, 
as amended by Public Law 98–169) as relating to other programs. 
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 (new matter is printed in italic 
and existing law in which no change is proposed is shown in 
roman): 
ACT OF OCTOBER 5, 1974 
(Public Law 93–435) 
AN ACT To place certain submerged lands within the jurisdiction of the govern-
ments of Guam, the Virgin Islands, and American Samoa, and for other purposes. 
Be it enacted in the Senate and the House of Representatives of 
the United States of America in Congress assembled, That (a) sub-
ject to valid existing rights, all right, title, and interest of the 
United States in lands permanently or periodically covered by tidal 
waters up to but not above the line of mean high tide and seaward 
to a line three geographical miles distant from the coastlines of the 
territories of Guam, the Commonwealth of the Northern Mariana 
Islands, the Virgin Islands, and American Samoa, as heretofore or 
hereafter modified by accretion, erosion, and reliction, and in artifi-
cially made, filled in, or reclaimed lands which were formerly per-
manently or periodically covered by tidal waters, are hereby con-
veyed to the governments of Guam, the Commonwealth of the 
VerDate Mar 15 2010 
04:38 May 15, 2013
Jkt 029006
PO 00000
Frm 00004
Fmt 6659
Sfmt 6602
E:\HR\OC\HR056.XXX
HR056
PWALKER on DSK7TPTVN1PROD with REPORTS
5 
Northern Mariana Islands, the Virgin Islands, and American 
Samoa, as the case may be, to be administered in trust for the ben-
efit of the people thereof. 
(b) There are excepted from the transfer made by subsection (a) 
hereof— 
(i) all deposits of oil, gas, and other minerals, but the term 
‘‘minerals’’ shall not include coral, sand, and gravel; 
(ii) all submerged lands adjacent to property owned by the 
United States above the line of mean high tide; 
(iii) all submerged lands adjacent to property above the line 
of mean high tide acquired by the United States by eminent 
domain proceedings, purchase, exchange, or gift, after the date 
of enactment of this Act, as required for completion of the De-
partment of the Navy Land Acquisition Project relative to the 
construction of the Ammunition Pier authorized by the Mili-
tary Construction Authorization Act, 1971 (84 Stat. 1204), as 
amended by section 201 of the Military Construction Act, 1973 
(86 Stat. 1135); 
(iv) all submerged lands filled in, built up, or otherwise re-
claimed by the United States, before the date of enactment of 
this Act, for its own use; 
(v) all tracts or parcels of submerged land containing on any 
part thereof any structures or improvements constructed by 
the United States; 
(vi) all submerged lands that have heretofore been deter-
mined by the President or the Congress to be of such scientific, 
scenic, or historic character as to warrant preservation and ad-
ministration under the provisions of the Act entitled ‘‘An Act 
to establish a National Park Service, and for other purposes’’, 
approved August 25, 1916 (16 U.S.C. 1 et seq.); 
(vii) all submerged lands designated by the President within 
one hundred and twenty days after the date of enactment of 
this Act; 
(viii) all submerged lands that are within the administrative 
responsibility of any agency or department of the United 
States other than the Department of the Interior; 
(ix) all submerged lands lawfully acquired by persons other 
than the United States through purchase, gift, exchange, or 
otherwise; 
(x) all submerged lands within the Virgin Islands National 
Park established by the Act of August 2, 1956 (16 U.S.C. 398 
et seq.), including the lands described in the Act of October 5, 
1962 (16 U.S.C. 398c–398d); and 
(xi) all submerged lands within the Buck Island Reef Na-
tional Monument as described in Presidential Proclamation 
3448 dated December 28, 1961. 
Upon request of the Governor of Guam, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, or American Samoa, 
the Secretary of the Interior may, with or without reimbursement, 
and subject to the procedure specified in subsection (c) of this sec-
tion convey all right, title, and interest of the United States in any 
of the lands described in clauses (ii), (iii), (iv), (v), (vi), (vii), or (viii) 
of this subsection to the government of Guam, the Commonwealth 
of the Northern Mariana Islands, the Virgin Islands, or American 
VerDate Mar 15 2010 
04:38 May 15, 2013
Jkt 029006
PO 00000
Frm 00005
Fmt 6659
Sfmt 6602
E:\HR\OC\HR056.XXX
HR056
PWALKER on DSK7TPTVN1PROD with REPORTS
6 
Samoa, as the case may be, with the concurrence of the agency 
having custody thereof. 
(c) No conveyance shall be made by the Secretary pursuant to 
subsection (a) or (b) of this section until the expiration of sixty cal-
endar days (excluding days on which the House of Representatives 
or the Senate is not in session because of an adjournment of more 
than three days to a day certain) from the date on which the Sec-
retary of the Interior submits to the Committee on Natural Re-
sources of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate an explanatory state-
ment indicating the tract proposed to be conveyed and the need 
therefor, unless prior to the expiration of such sixty calendar days 
both committees inform the Secretary that they wish to take no ac-
tion with respect to the proposed conveyance. 
SEC. 2. (a) Nothing in this Act shall affect the right of the Presi-
dent to establish naval defensive sea areas and naval airspace res-
ervations around and over the islands of Guam, the Commonwealth 
of the Northern Mariana Islands, American Samoa, and the Virgin 
Islands when deemed necessary for national defense. 
(b) Nothing in this Act shall affect the use, development, im-
provement, or control by or under the constitutional authority of 
the United States of the lands transferred by the first section of 
this Act, and the navigable waters overlying such lands, for the 
purposes of navigation or flood control or the production of power, 
or be construed as the release or relinquishment of any rights of 
the United States arising under the constitutional authority of 
Congress to regulate or improve navigation, or to provide for flood 
control or the production of power. 
(c) The United States retains all of its navigational servitude and 
rights in and powers of regulation and control of the lands con-
veyed by the first section of this Act, and the navigable waters 
overlying such lands, for the constitutional purposes of commerce, 
navigation, national defense, and international affairs, all of which 
shall be paramount to, but shall not be deemed to include, propri-
etary rights of ownership, or the rights of management, adminis-
tration, leasing, use, and development of the lands and natural re-
sources which are specifically conveyed to the government of 
Guam, the Commonwealth of the Northern Mariana Islands, the 
Virgin Islands, or American Samoa, as the case may be, by the first 
section of this Act. 
(d) Nothing in this Act shall affect the status of lands beyond the 
three-mile limit described in section 1 of this Act. 
Æ 
VerDate Mar 15 2010 
04:38 May 15, 2013
Jkt 029006
PO 00000
Frm 00006
Fmt 6659
Sfmt 6611
E:\HR\OC\HR056.XXX
HR056
PWALKER on DSK7TPTVN1PROD with REPORTS