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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 407

  To amend the Act of June 8, 1906, to require certain procedures for 
        designating national monuments, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

 Mr. Crapo (for himself, Mr. Ensign, Mr. Lee, Mr. Enzi, Mr. Risch, Mr. 
  Barrasso, Mr. Hatch, Mr. Roberts, and Ms. Murkowski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To amend the Act of June 8, 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 of 2011''.

SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.

    Section 2 of the Act of June 8, 1906 (commonly known as the 
``Antiquities Act of 1906'') (16 U.S.C. 431) is amended--
            (1) by striking ``sec. 2. That the President'' and 
        inserting the following:

``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.

    ``(a) In General.--Subject to the requirements of this section, the 
President'';
            (2) by striking ``Provided, That when such objects are 
        situated upon'' and inserting the following:
    ``(b) Relinquishment of Private Claims.--In cases in which an 
object described in subsection (a) is located on'';
            (3) in subsection (a) (as designated by paragraph (1)), by 
        striking ``compatible with the proper care and mangagement of 
        the objects to be protected:'' and inserting ``necessary to 
        ensure the proper care and mangagement of the objects to be 
        protected.''; and
            (4) by adding at the end the following:
    ``(c) Requirements for Designation of National Monuments.--
            ``(1) In general.--The President may not issue a 
        proclamation to designate a national monument under subsection 
        (a) before the date that is 30 days after the date on which the 
        President provides the proposed proclamation to--
                    ``(A) Congress; and
                    ``(B) 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 any parcel of land located within the 
                boundary of the proposed national monument.
            ``(2) Public participation.--
                    ``(A) Public hearing requirement.--
                            ``(i) In general.--Subject to clause (v), 
                        not later than 90 days after the date on which 
                        the President issues a proclamation under 
                        subsection (a), the Secretary of the Interior 
                        (referred to in this section as the 
                        `Secretary') shall hold at least 1 public 
                        hearing within a county or comparable unit of 
                        local government, any part of which is located 
                        within the boundary of the proposed national 
                        monument.
                            ``(ii) Notice.--Not later than 30 days 
                        before a public hearing is to be held under 
                        clause (i), the Secretary shall provide notice 
                        of the hearing to the public, including by 
                        publishing a notice in local newspapers and 
                        sending a written notice to stakeholders of the 
                        appropriate National Forest or Bureau of Land 
                        Management district.
                            ``(iii) Participation; comments.--The 
                        Secretary shall--
                                    ``(I) ensure that all interested 
                                individuals are afforded an opportunity 
                                to participate in a hearing held under 
                                clause (i);
                                    ``(II) solicit comments from the 
                                public at the hearing; and
                                    ``(III) enter into the record all 
                                comments received at, or related to, 
                                the hearing.
                            ``(iv) Availability of record.--
                                    ``(I) In general.--As soon as 
                                practicable after the date of a hearing 
                                held under clause (i), the Secretary 
                                shall make the record of the hearing 
                                (including a transcript of the hearing) 
                                available to the public on the Internet 
                                or by other electronic means.
                                    ``(II) Components.--The Secretary 
                                shall ensure that any components of the 
                                record of the hearing that are 
                                completed before the entire record is 
                                finalized are made available on 
                                completion of each of the components.
                            ``(v) Waiver.--The Secretary may decline to 
                        hold a public hearing under clause (i) if each 
                        unit of local government and tribal government 
                        within the boundary of the proposed national 
                        monument expressly waives the right to a 
                        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 shall initiate a notice and comment 
                period to receive comments from the public regarding 
                the proclamation.
                    ``(C) Report.--
                            ``(i) Contents.--Not later than 1 year 
                        after the date on which the President issues a 
                        proclamation designating a national monument 
                        under subsection (a), the President shall 
                        submit to Congress a report that includes--
                                    ``(I) an analysis of the economic 
                                impact of the designation on the 
                                communities within the boundary of the 
                                national monument, including an 
                                estimate of the tax revenues that would 
                                be lost to, or gained by, the Federal 
                                Government and State and local 
                                governments as a result of the 
                                designation;
                                    ``(II) an analysis of the impact 
                                the designation would have on energy 
                                security, including--
                                            ``(aa) an analysis of the 
                                        effects of the loss of sites to 
                                        produce wind, geothermal, or 
                                        solar energy; and
                                            ``(bb) an estimate of the 
                                        number of barrels of oil, tons 
                                        of coal, or cubic feet of 
                                        natural gas that would 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 boundary of the 
                                national monument (including water 
                                rights, hunting, 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); and
                                    ``(V) any written comments received 
                                during the notice and comment period 
                                under subparagraph (B).
                            ``(ii) Required coordination.--The 
                        preparation of the report under clause (i) 
                        shall be coordinated with the governing bodies 
                        described in section 210 of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1720).
                            ``(iii) Publication.--The President shall 
                        ensure that there is published on the White 
                        House website--
                                    ``(I) during the period in which 
                                the report prepared under clause (i) is 
                                being compiled, each component of the 
                                report that is completed, on completion 
                                of the component; and
                                    ``(II) on submission of the report 
                                to Congress, the completed report.
                    ``(D) Implementation guidelines.--The Secretary, 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 on the 
                date that is 2 years after the date on which the 
                President issued the proclamation, unless the 
                proclamation is approved by an Act of Congress on or 
                before the last day of that 2-year period.
                    ``(B) Management of land before approval.--During 
                the period beginning on the date of issuance of a 
                proclamation under subsection (a) and the date of 
                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, 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 necessary for 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 
                the proclamation, and any restriction imposed as a 
                result of the proclamation on interests, rights, or 
                uses associated with the parcels of land, shall cease 
                to be effective on the date that is 2 years after the 
                date of the issuance of the proclamation.
                    ``(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).
    ``(d) 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 
necessary to ensure the proper care and management of the objects to be 
protected.
    ``(e) Effect on Certain States.--Nothing in this section affects--
            ``(1) the limitations on designations in the State of 
        Alaska under section 906(j)(5) of the Alaska National Interest 
        Lands Conservation Act (43 U.S.C. 1635(j)(5)); or
            ``(2) the limitations on designations in the State of 
        Wyoming under the proviso of the last sentence of the first 
        section of the Act of September 14, 1950 (64 Stat. 849, chapter 
        950; 16 U.S.C. 431a).''.
                                 <all>
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