National Monument Designation Transparency and Accountability Act - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area essential to ensure the proper care and management of the objects of historic or scientific interest protected by the monument.
Sets forth additional procedures for the designation of national monuments under the Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 758 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 758
To amend the Act popularly known as the Antiquities Act of 1906 to
require certain procedures for designating national monuments, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2011
Mr. Nunes (for himself, Mr. McCarthy of California, Mr. McKeon, Mr.
Bishop of Utah, Mr. Coffman of Colorado, Mr. McClintock, Mr. Lamborn,
Mr. Campbell, Mr. Gallegly, Mr. Rehberg, Mrs. McMorris Rodgers, Mr.
Cole, Mr. Broun of Georgia, Mr. Chaffetz, Mr. Walden, Mr. Hunter, Mr.
Tipton, Mr. Calvert, Mr. Herger, Mr. Labrador, and Mr. Sam Johnson of
Texas) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Act popularly known as the Antiquities Act of 1906 to
require certain procedures for designating national monuments, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency and Accountability Act''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), popularly
known as the ``Antiquities Act of 1906'', is amended--
(1) by striking ``That the President'' and inserting ``(a)
In General.--Subject to the requirements of this section, the
President''; and
(2) in subsection (a) (as so designated)--
(A) by striking ``compatible with'' and inserting
``essential to ensure''; and
(B) by striking ``Provided, That when'' and
inserting ``When''.
SEC. 3. NATIONAL MONUMENT DESIGNATION PROCEDURES.
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431) is further
amended by adding at the end the following:
``(b) National Monument Designation Procedures.--
``(1) Precondition to proclamation.--The President may not
issue a proclamation to designate a national monument under
subsection (a) before the last day of the 30-day period
beginning on the date on which the President provides the
language of the proposed proclamation to Congress and to the
Governor of each State, the chief elected official of each unit
of local government, and the governing entity of each tribal
government with jurisdiction over parcels of land located
within the boundaries of the proposed national monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (iv),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
shall hold not fewer than one public hearing
within a county (or comparable unit of local
government) located wholly or in part within
the boundaries of the national monument. The
Secretary shall ensure that all interested
individuals are afforded an opportunity to
participate in a hearing held under this
subparagraph.
``(ii) Comments.--The Secretary of the
Interior shall solicit comments from the public
at a hearing held under clause (i), and shall
enter all comments received at or related to
such hearing into the record of the hearing.
``(iii) Availability of record.--The
Secretary of the Interior shall promptly make
the record of a hearing held under clause (i),
including a transcript of the hearing,
available to the public on the Internet or by
other electronic means. The Secretary shall
ensure that any components of the record that
are completed before the entire record is
finalized are made available upon their
completion.
``(iv) Waiver.--The Secretary of the
Interior may decline to hold a public hearing
under clause (i) if each unit of local and
tribal government located wholly or in part
within the boundaries of the national monument
expressly waives the right to such hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary of the Interior shall initiate a notice
and comment period to receive comments from the public
regarding the proclamation.
``(C) Report.--
``(i) Contents.--Not later than one year
after issuing a proclamation to designate a
national monument under subsection (a), the
President shall submit to Congress a report
containing the following:
``(I) An analysis of the economic
impact of the designation on the
communities within the boundaries of
the monument, including an estimate of
the tax revenues that will be lost to,
or gained for, the Federal, State, and
local governments as a result of the
designation.
``(II) An analysis of the impact
the designation will have on the
Nation's energy security, including the
effects of the loss of sites to produce
wind, geothermal, or solar energy, and
the number of barrels of oil, tons of
coal, or cubic feet of natural gas that
will become unavailable as a result of
the proclamation.
``(III) The projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundaries of the
monument, including water rights,
hunting, recreational shooting,
grazing, timber production, vegetation
manipulation to maintain forest health,
off-road vehicle use, hiking, horseback
riding, and mineral and energy leases,
claims, and permits.
``(IV) The record of any hearings
held under subparagraph (A).
``(V) Any written comments received
during the notice and comment period
conducted under subparagraph (B).
``(ii) Publication.--The President shall
ensure that a report submitted to Congress
under clause (i) is published on the White
House Internet website upon completion. The
President shall further ensure that any
components of the report that are completed
before the entire report is finalized and
submitted to Congress are published on the
White House Internet website upon their
completion.
``(D) Implementation guidelines.--The Secretary of
the Interior, in cooperation with the States, shall
develop and publish guidelines to provide for the
implementation of this paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective
following the last day of the 2-year period beginning
on the date on which the President issued the
proclamation, unless the proclamation is approved by an
Act of Congress on or before that last day.
``(B) Management of land before approval.--During
the period between the issuance of a proclamation under
subsection (a) and the approval of the proclamation
under subparagraph (A), the President shall ensure that
any restriction placed on land and interests, rights,
or uses associated with the parcels of land designated
as a national monument, including water rights,
hunting, recreational shooting, grazing, timber
production, vegetation manipulation to maintain forest
health, off-road vehicle use, hiking, horseback riding,
and mineral and energy leases, claims, and permits, is
narrowly tailored and essential to the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
such proclamation, and any restriction imposed as a
result of such proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective following the last day of the 2-year
period referred to in subparagraph (A).
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).''.
SEC. 4. LIMITATION ON RESTRICTIONS.
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431) is further
amended by adding at the end the following:
``(c) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
essential to the proper care and management of the objects to be
protected.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
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