H*4985 Session 112 (1997-1998)
H*4985 Concurrent Resolution, By Hamilton, Cato, Easterday, Haskins, Leach,
Loftis, Sharpe, Tripp and Vaughn
A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE
REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO
OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM
AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE
UNITED STATES.
04/08/98 House Introduced HJ-25
04/08/98 House Referred to Committee on Invitations and Memorial
Resolutions HJ-25
04/22/98 House Committee report: Favorable Invitations and
Memorial Resolutions HJ-49
04/23/98 House Adopted, sent to Senate HJ-28
04/28/98 Senate Introduced SJ-8
04/28/98 Senate Referred to Committee on Agriculture and Natural
Resources SJ-8
05/21/98 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-6
05/26/98 Senate Adopted, returned to House with concurrence SJ-39
COMMITTEE REPORT
May 21, 1998
H. 4985
Introduced by Reps. Hamilton, Easterday, Leach, Loftis, Haskins,
Tripp, Cato, Sharpe and Vaughn
S. Printed 5/21/98--S.
Read the first time April 28, 1998.
THE COMMITTEE ON
AGRICULTURE AND NATURAL RESOURCES
To whom was referred a Concurrent Resolution (H. 4985), to
memorialize the President of the United States, the representative of
the United States to the United Nations, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
PHIL P. LEVENTIS, for Committee.
A CONCURRENT
RESOLUTION
TO MEMORIALIZE THE PRESIDENT OF THE UNITED
STATES, THE REPRESENTATIVE OF THE UNITED STATES
TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE
THE BIOSPHERE RESERVES DESIGNATION OF THE MAN
AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE
PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY
THE UNITED STATES.
Whereas, the United Nations has promoted a Biosphere Program
throughout the world; and
Whereas, the Biosphere Program threatens to place millions of acres
of land under the control of the United Nations via agreements or
executive orders; and
Whereas, the United Nations Cultural, Educational, and Scientific
Organization (UNESCO) has created a worldwide system of 328
Biosphere Reserves in 82 nations; and
Whereas, 47 United Nations designated Biosphere Reserves are
within the sovereign borders of the United States, and one United
Nations designated Biosphere Reserves is within the State of South
Carolina; and
Whereas, neither the legislature of the State of South Carolina nor the
Congress of the United States has considered, debated, or approved
such designations; and
Whereas, such designations require strict land use management
procedures as are set forth in the 1994 Strategic Plan for the United
States Man and the Biosphere Program, as published by the United
States State Department, and further described in the Global
Biodiversity Assessment, published by the United Nations
Environment Program, expressly for the Conferences of the Parties
to the Convention on Biological Diversity; and
Whereas, Biosphere Reserves are, by definition, designed to
continually expand each of the three zones: core protected zone,
buffer zone, and zone of cooperation; and
Whereas, Biosphere Reserves are expected to be the nucleus of the
system of protected areas required by Article 8 of the Convention on
Biological Diversity as expressed in the minutes of the first meeting
of the Conference of the Parties; and
Whereas, no land owner within reach or potential reach of the
Biosphere Reserves has input or recourse to land use management
policies of UNESCO or the Conference of the Parties to the
Convention on Biological Diversity; and
Whereas, no body of elected officials, whether local, state, or federal,
has input, recourse, or veto power over such land use management
policies that may be prescribed by either UNESCO or the Conference
of the Parties to the Convention on Biological Diversity; and
Whereas, even though the Convention on Biological Diversity has
not been ratified by the United States Senate, the very presence of
United Nations Biosphere Reserves on American soil demonstrates
the compliance with an international treaty that has not been ratified;
and
Whereas, the use of land in biosphere areas for ordinary commercial
or agricultural purposes may be severely restricted or eliminated; and
Whereas, 22,200 acres of the area of the Congaree Swamp National
Monument have already been designated as Biosphere Reserves; and
Whereas, none of the current areas included within the Biosphere
Program in South Carolina has been included at the request of, or
with the consent of the General Assembly of the State of South
Carolina; and
Whereas, the General Assembly does not believe that a request from
the National Park Service or a tourist and convention service should
be adequate to subject land in South Carolina to the control of the
United Nations or any other foreign parties; and
Whereas, the areas encompassed by these reserves may include not
only public but private lands; and
Whereas, the placing of environmental or other restrictions upon the
use of private lands has been held by a number of recent United
States Supreme Court decisions to constitute a taking of the land for
public purposes; and
Whereas, the proposed Biodiversity Treaty, if ratified by the United
States, would ultimately lead to the reality that citizens of South
Carolina could not use their private and public lands in the manner to
which they have been accustomed; and
Whereas, there are no proposals either to purchase the private lands
by the United States or the United Nations; and
Whereas, the restrictions contemplated together with the outside
control of the land encompassed by a Biosphere Reserve constitutes
an unlawful taking of that land in violation of the Constitution of the
United States, to wit:
Article I, Section 8, Clause 17, delegates to the United States only
the power "[T]o exercise exclusive legislation...and...like
authority over all places purchased by the consent of the legislature
of the state in which the same shall be, for the erection of forts,
magazines and arsenals, dock yards, and other needful
buildings."
Article IV, Section 3, Clause 2, we note that, "[N]othing in
this Constitution shall be so construed as to prejudice any claims of
the United States, or of any particular state."
Article IV, Section 4, we note that, "The United States shall
guarantee to every state in this union a republican form of
government."
Amendment V of the Constitution of the United States, "nor
[shall any person] be deprived of life, liberty, or property; without
due process of law; nor shall private property be taken for public use,
without just compensation."; and
Whereas, the restrictions contemplated together with the outside
control of the land encompassed by a Biosphere Reserve is contrary
to the State of South Carolina's ultimate property in lands in violation
of the Constitution of South Carolina, to wit:
Article XIV, Section 3, providing, in part, that "[T]he people
of the State are declared to possess the ultimate property in and to all
lands within the jurisdiction of the State;"; and
Whereas, the virtual ceding of these lands to the United Nations
leaves the residents who own the land, local governments, and the
State of South Carolina without any legitimate form for redress of
grievances for input into any decision-making process relating to the
Biosphere Reserve; and
Whereas, under the Supremacy Clause in Article VI of the
Constitution of the United States, this treaty would become part of
the supreme law of the land and be given equal footing with the
Constitution of the United States, thus effectively precluding any
legal means of redress; and
Whereas, the State of South Carolina does not wish to have portions
of its land area controlled by foreign minions over which it has no
control and who are not subject to its laws. Now, therefore,
Be it resolved by the House of Representatives, the Senate
concurring:
That the members of the General Assembly of the State of South
Carolina are unalterably opposed to the inclusion of any land within
the borders of the State of South Carolina within the purview of the
Biodiversity Treaty or any biodiversity program without the express
consent of the General Assembly of the State of South Carolina, as
provided by the Constitution of the United States, and the laws and
Constitution of South Carolina, 1895; and that the General Assembly
urges the members of the Congress of the United States, and
especially the South Carolina Congressional Delegation, to oppose
ratification of this treaty and the inclusion of any land within the
State of South Carolina in any biosphere program of the United
Nations.
Be it further resolved that copies of this resolution be forwarded to
the President of the United States, the Honorable Bill Clinton, 1600
Pennsylvania Avenue, Washington, D.C. 20500; the representative
of the United States to the United Nations, the Honorable Bill
Richardson, United States Mission to the United Nations, 799 United
Nations Plaza, New York, New York, 10017; the United States
Senate, the United States House of Representatives, and to each
member of the South Carolina Congressional Delegation.
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