I 

114TH CONGRESS 

1ST SESSION H. R. 3389 

To amend section 320301 of title 54, United States Code, to require certain 

procedures for designating national monuments, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mr. NUNES (for himself, Mr. LAMALFA, Mr. VALADAO, Mrs. MIMI WALTERS

of California, Mr. KLINE, and Mr. COOK) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To amend section 320301 of title 54, United States Code, 

to require certain procedures for designating national 

monuments, and for other purposes. 

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 Designation Transparency Act’’. 

6 SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONU7 MENTS. 

8 Section 320301 of title 54, United States Code, is 

9 amended— 


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1 (1) in subsection (a), by striking ‘‘The Presi2 dent may’’ and inserting ‘‘Subject to the require3 ments of this section, the President may’’; 

4 (2) in subsection (b), by striking ‘‘compatible 

5 with’’ and inserting ‘‘essential to ensure’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(e) NATIONAL MONUMENT DESIGNATION PROCE8 DURES.— 

9 ‘‘(1) PRECONDITION TO PROCLAMATION.—The 

10 President may not issue a proclamation under sub11 section (a) before the last day of the 30-day period 

12 beginning on the date on which the President pro13 vides the language of the proposed proclamation to 

14 Congress and to the Governor of each State, the 

15 chief elected official of each unit of local govern16 ment, and the governing entity of each tribal govern17 ment with jurisdiction over parcels of land located 

18 within the boundaries of the proposed national 

19 monument. 

20 ‘‘(2) PUBLIC PARTICIPATION.— 

21 ‘‘(A) PUBLIC HEARING REQUIREMENT.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (iv), not later than 90 days after the date 

24 on which the President issues a proclama25 tion under subsection (a), the Secretary of 


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1 the Interior shall hold not fewer than one 

2 public hearing within a county (or com3 parable unit of local government) located 

4 wholly or in part within the boundaries of 

5 the national monument. The Secretary 

6 shall ensure that all interested individuals 

7 are afforded an opportunity to participate 

8 in a hearing held under this subparagraph. 

9 ‘‘(ii) COMMENTS.—The Secretary of 

10 the Interior shall solicit comments from 

11 the public at a hearing held under clause 

12 (i), and shall enter all comments received 

13 at or related to such hearing into the 

14 record of the hearing. 

15 ‘‘(iii) AVAILABILITY OF RECORD.— 

16 The Secretary of the Interior shall prompt17 ly make the record of a hearing held under 

18 clause (i), including a transcript of the 

19 hearing, available to the public on the 

20 Internet or by other electronic means. The 

21 Secretary shall ensure that any compo22 nents of the record that are completed be23 fore the entire record is finalized are made 

24 available upon their completion. 


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1 ‘‘(iv) WAIVER.—The Secretary of the 

2 Interior may decline to hold a public hear3 ing under clause (i) if each unit of local 

4 and tribal government located wholly or in 

5 part within the boundaries of the national 

6 monument expressly waives the right to 

7 such hearing. 

8 ‘‘(B) NOTICE AND COMMENT PERIOD RE9 QUIREMENT.—Not later than 30 days after the 

10 date on which the President issues a proclama11 tion under subsection (a), the Secretary of the 

12 Interior shall initiate a notice and comment pe13 riod to receive comments from the public re14 garding the proclamation. 

15 ‘‘(C) REPORT.— 

16 ‘‘(i) CONTENTS.—Not later than one 

17 year after issuing a proclamation under 

18 subsection (a), the President shall submit 

19 to Congress a report containing the fol20 lowing: 

21 ‘‘(I) An analysis of the economic 

22 impact of the designation on the com23 munities within the boundaries of the 

24 monument, including an estimate of 

25 the tax revenues that will be lost to, 


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1 or gained for, the Federal, State, and 

2 local governments as a result of the 

3 designation. 

4 ‘‘(II) An analysis of the impact 

5 the designation will have on the Na6 tion’s energy security, including the 

7 effects of the loss of sites to produce 

8 wind, geothermal, or solar energy, and 

9 the number of barrels of oil, tons of 

10 coal, or cubic feet of natural gas that 

11 will become unavailable as a result of 

12 the proclamation. 

13 ‘‘(III) The projected impact of 

14 the designation on interests, rights, 

15 and uses associated with the parcels 

16 of land within the boundaries of the 

17 monument, including water rights, 

18 hunting, recreational shooting, graz19 ing, timber production, vegetation ma20 nipulation to maintain forest health, 

21 off-road vehicle use, hiking, horseback 

22 riding, and mineral and energy leases, 

23 claims, and permits. 

24 ‘‘(IV) The record of any hearings 

25 held under subparagraph (A). 


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1 ‘‘(V) Any written comments re2 ceived during the notice and comment 

3 period conducted under subparagraph 

4 (B). 

5 ‘‘(ii) PUBLICATION.—The President 

6 shall ensure that a report submitted to 

7 Congress under clause (i) is published on 

8 the White House Internet website upon 

9 completion. The President shall further en10 sure that any components of the report 

11 that are completed before the entire report 

12 is finalized and submitted to Congress are 

13 published on the White House Internet 

14 website upon their completion. 

15 ‘‘(D) IMPLEMENTATION GUIDELINES.— 

16 The Secretary of the Interior, in cooperation 

17 with the States, shall develop and publish 

18 guidelines to provide for the implementation of 

19 this paragraph. 

20 ‘‘(3) CONGRESSIONAL APPROVAL OF PROCLAMA21 TION.— 

22 ‘‘(A) APPROVAL REQUIRED.—A proclama23 tion issued under subsection (a) shall cease to 

24 be effective following the last day of the 2-year 

25 period beginning on the date on which the 


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1 President issued the proclamation, unless the 

2 proclamation is approved by an Act of Congress 

3 on or before that last day. 

4 ‘‘(B) MANAGEMENT OF LAND BEFORE AP5 PROVAL.—During the period between the 

6 issuance of a proclamation under subsection (a) 

7 and the approval of the proclamation under 

8 subparagraph (A), the President shall ensure 

9 that any restriction placed on land and inter10 ests, rights, or uses associated with the parcels 

11 of land designated as a national monument, in12 cluding water rights, hunting, recreational 

13 shooting, grazing, timber production, vegetation 

14 manipulation to maintain forest health, off-road 

15 vehicle use, hiking, horseback riding, and min16 eral and energy leases, claims, and permits, is 

17 narrowly tailored and essential to the proper 

18 care and management of the objects to be pro19 tected. 

20 ‘‘(C) EFFECT OF NONAPPROVAL.—If Con21 gress does not approve a proclamation to des22 ignate a national monument under subpara23 graph (A), any reservation of land made by 

24 such proclamation, and any restriction imposed 

25 as a result of such proclamation on interests, 


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1 rights, or uses associated with the parcels of 

2 land, shall cease to be effective following the 

3 last day of the 2-year period referred to in sub4 paragraph (A). 

5 ‘‘(D) PROHIBITION ON REPEAT PROCLAMA6 TIONS.—The President may not issue a procla7 mation that is substantially similar to a procla8 mation previously issued under subsection (a) 

9 that Congress has not approved under subpara10 graph (A). 

11 ‘‘(f) LIMITATION ON RESTRICTIONS.—The President 

12 shall ensure that any restriction placed on land and inter13 ests, rights, or uses associated with the parcels of land 

14 designated as a national monument by a proclamation 

15 issued under this section is narrowly tailored and essential 

16 to the proper care and management of the objects to be 

17 protected.’’. 

Æ 


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