II

Calendar No. 750

106TH CONGRESS

2D SESSION S. 729

[Report No. 106–372]

To ensure that Congress and the public have the right to participate in

the declaration of national monuments on Federal land.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. CRAIG (for himself, Mr. MURKOWSKI, Mr. LOTT, Mr. STEVENS, Mr.

BURNS, Mr. SMITH of Oregon, Mr. CRAPO, Mr. SHELBY, Mr. HAGEL,

Mr. BENNETT, Mr. SESSIONS, Mr. KYL, Mr. CAMPBELL, Mr. INHOFE,

Mr. THOMAS, Mr. HELMS, Mr. ENZI, and Mr. NICKLES) introduced the

following bill; which was read twice and referred to the Committee on Energy and Natural Resources

AUGUST 25, 2000

Reported under authority of the order of the Senate of July 26, 2000, by Mr.

MURKOWSKI, without amendment

A BILL

To ensure that Congress and the public have the right to

participate in the declaration of national monuments on

Federal land.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 729 RS

1 SECTION 1. SHORT TITLE.

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

3 Public Participation Act of 1999’’.

4 SEC. 2. PURPOSE.

5 The purpose of this Act is to ensure that Congress

6 and the public have the right and opportunity to partici7 pate in decisions to declare national monuments on Fed8 eral land.

9 SEC. 3. CLARIFICATION OF CONGRESSIONAL AND PUBLIC

10 ROLES IN DECLARATION OF NATIONAL

11 MONUMENTS.

12 The Act entitled ‘‘An Act for the preservation of

13 American antiquities’’, approved June 8, 1906 (commonly

14 known as the ‘‘Antiquities Act of 1906’’) (16 U.S.C. 431

15 et seq.), is amended by adding at the end the following:

16 ‘‘SEC. 5. CONGRESSIONAL AND PUBLIC ROLES IN NA17 TIONAL MONUMENT DECLARATIONS.

18 ‘‘(a) IN GENERAL.—The Secretary of the Interior

19 and the Secretary of Agriculture shall promulgate regula20 tions that establish procedures to ensure that Federal,

21 State, and local governments and the public have the right

22 to participate in the formulation of plans relating to the

23 declaration of a national monument on Federal land on

24 or after the date of enactment of this section, including

25 procedures—
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S 729 RS

1 ‘‘(1) to provide the public with adequate notice

2 and opportunity to comment on and participate in

3 the declaration of a national monument on Federal

4 land; and

5 ‘‘(2) for public hearings, when appropriate, on

6 the declaration of a national monument on Federal

7 land.

8 ‘‘(b) OTHER DUTIES.—Prior to making any rec9 ommendations for declaration of a national monument in

10 an area, the Secretary of the Interior and the Secretary

11 of Agriculture shall—

12 ‘‘(1) ensure, to the maximum extent prac13 ticable, compliance with all applicable Federal land

14 management and environmental laws, including the

15 completion of a programmatic environmental impact

16 statement under the National Environmental Policy

17 Act of 1969 (42 U.S.C. 4321 et seq.);

18 ‘‘(2) cause mineral surveys to be conducted by

19 the Geological Survey to determine the mineral val20 ues, if any, that may be present in the area;

21 ‘‘(3) cause an assessment of the surface re22 source values of the land to be completed and made

23 available by the appropriate agencies;
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S 729 RS

1 ‘‘(4) identify all existing rights held on Federal

2 land contained within the area by type and acreage;

3 and

4 ‘‘(5) identify all State and private land con5 tained within the area.

6 ‘‘(c) RECOMMENDATIONS.—On completion of the re7 views and mineral surveys required under subsection (b),

8 the Secretary of the Interior or the Secretary of Agri9 culture shall submit to the President recommendations as

10 to whether any area on Federal land warrants declaration

11 as a national monument.

12 ‘‘(d) FEDERAL ACTION.—Any study or recommenda13 tion under this section shall be considered a federal action

14 for purposes of the National Environmental Policy Act of

15 1969 (42 U.S.C. 4321 et seq.).

16 ‘‘(e) REPORTS.—Not later than 2 years after the re17 ceipt of a recommendation under subsection (c), the Presi18 dent shall—

19 ‘‘(1) advise the President of the Senate and the

20 Speaker of the House of Representatives of the

21 President’s recommendation with respect to whether

22 each area evaluated should be declared a national

23 monument; and

24 ‘‘(2) provide a map and description of the

25 boundaries of each area evaluated for declaration to
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1 the President of the Senate and the Speaker of the

2 House of Representatives.

3 ‘‘(f) DECLARATION AFTER EFFECTIVE DATE.—A

4 recommendation of the President for declaration of a na5 tional monument that is made after the effective date of

6 this section shall become effective only if the declaration

7 is approved by Act of Congress.’’.
Calendar No. 750

106TH CONGRESS

2D SESSION S. 729

[Report No. 106–372]

A BILL

To ensure that Congress and the public have the

right to participate in the declaration of nationalmonuments on Federal land.

AUGUST 25, 2000

Reported without amendment