I 

108TH CONGRESS 

1ST SESSION H. R. 2386

To amend the Antiquities Act regarding the establishment by the President 

of certain national monuments and to provide for public participation 

in the proclamation of national monuments. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. SIMPSON (for himself, Mr. OTTER, Mr. HERGER, Mr. DUNCAN, Mr. WALDEN of Oregon, Mr. GOSS, Mr. PETERSON of Pennsylvania, Mr. HUNTER, 

Mr. CANNON, Mr. DOOLITTLE, Mr. THORNBERRY, Mr. RADANOVICH, Mr. 

PEARCE, Mr. GIBBONS, and Mr. SOUDER) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL

To amend the Antiquities Act regarding the establishment 

by the President of certain national monuments and 

to provide for public participation in the proclamation 

of national monuments.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Monument 

5 Fairness Act’’. 
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1 SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL MONU2 MENT STATUS AND CONSULTATION. 

3 Section 2 of the Act of June 8, 1906, commonly re4 ferred to as the ‘‘Antiquities Act’’ (34 Stat. 225; 16 

5 U.S.C. 431) is amended—

6 (1) by striking ‘‘SEC. 2. That the’’ and insert7 ing ‘‘SEC. 2. (a) The’’; 

8 (2) by adding the following at the end of sub9 section (a) (as so designated by paragraph (1)): ‘‘A 

10 proclamation of the President under this section 

11 that, during one calendar year, creates a national 

12 monument that is more than 50,000 acres or that, 

13 during one calendar year, adds more than 50,000 

14 acres to an existing national monument may not be 

15 issued until 30 days after the President has trans16 mitted the proposed proclamation to the Governor of 

17 the State or States in which such acreage is located 

18 and solicited such Governor’s or Governors’ written 

19 comments, and any such proclamation shall cease to 

20 be effective on the date 2 years after issuance of the 

21 proclamation unless the proclamation has been ap22 proved by an Act of Congress. Land and interests in 

23 land that were subject to a proclamation issued after 

24 the date of the enactment of the National Monument 

25 Fairness Act that ceases to be effective under the 

26 preceeding sentence shall revert to the land use sta-
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1 tus such land and interests in land had immediately 

2 before the proclamation was issued.’’; and 

3 (3) by adding after subsection (a) (as so des4 ignated by paragraph (1)) the following new sub5 sections: 

6 ‘‘(b)(1) To the extent consistent with the protection 

7 of the historic landmarks, historic and prehistoric struc8 tures, and other objects of historic or scientific interest 

9 located on the public lands to be designated, the President 

10 shall—

11 ‘‘(A) solicit public participation and comment in 

12 the development of a monument proclamation; and 

13 ‘‘(B) consult with the Governor and entire con14 gressional delegation of the State or territory in 

15 which such lands are located, to the extent prac16 ticable, at least 60 days prior to any national monu17 ment proclamation. 

18 ‘‘(2) Before issuing a proclamation under this sec19 tion, the President shall consider any information made 

20 available in the development of existing plans and pro21 grams for the management of the lands under consider22 ation for proclamation as a monument, including such 

23 public comments as may have been offered. 

24 ‘‘(c) Any management plan for a national monument 

25 developed subsequent to a proclamation made under this 
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1 section shall comply with the procedural requirements of 

2 the National Environmental Policy Act of 1969.’’.

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