II 

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. 

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 and Accountability Act of 

6 2011’’. 


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1 SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONU2 MENTS. 

3 Section 2 of the Act of June 8, 1906 (commonly 

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

5 is amended— 

6 (1) by striking ‘‘SEC. 2. That the President’’ 

7 and inserting the following: 

8 ‘‘SEC. 2. DESIGNATION OF NATIONAL MONUMENTS. 

9 ‘‘(a) IN GENERAL.—Subject to the requirements of 

10 this section, the President’’; 

11 (2) by striking ‘‘Provided, That when such ob12 jects are situated upon’’ and inserting the following: 

13 ‘‘(b) RELINQUISHMENT OF PRIVATE CLAIMS.—In 

14 cases in which an object described in subsection (a) is lo15 cated on’’; 

16 (3) in subsection (a) (as designated by para17 graph (1)), by striking ‘‘compatible with the proper 

18 care and mangagement of the objects to be pro19 tected:’’ and inserting ‘‘necessary to ensure the 

20 proper care and mangagement of the objects to be 

21 protected.’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(c) REQUIREMENTS FOR DESIGNATION OF NA24 TIONAL MONUMENTS.— 

25 ‘‘(1) IN GENERAL.—The President may not 

26 issue a proclamation to designate a national monuVerDate Mar 15 2010 02:01 Feb 19, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S407.IS S407

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1 ment under subsection (a) before the date that is 30 

2 days after the date on which the President provides 

3 the proposed proclamation to— 

4 ‘‘(A) Congress; and 

5 ‘‘(B) the Governor of each State, the chief 

6 elected official of each unit of local government, 

7 and the governing entity of each tribal govern8 ment with jurisdiction over any parcel of land 

9 located within the boundary of the proposed na10 tional monument. 

11 ‘‘(2) PUBLIC PARTICIPATION.— 

12 ‘‘(A) PUBLIC HEARING REQUIREMENT.— 

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

14 (v), not later than 90 days after the date 

15 on which the President issues a proclama16 tion under subsection (a), the Secretary of 

17 the Interior (referred to in this section as 

18 the ‘Secretary’) shall hold at least 1 public 

19 hearing within a county or comparable unit 

20 of local government, any part of which is 

21 located within the boundary of the pro22 posed national monument. 

23 ‘‘(ii) NOTICE.—Not later than 30 

24 days before a public hearing is to be held 

25 under clause (i), the Secretary shall proVerDate Mar 15 2010 02:01 Feb 19, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S407.IS S407

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1 vide notice of the hearing to the public, in2 cluding by publishing a notice in local 

3 newspapers and sending a written notice to 

4 stakeholders of the appropriate National 

5 Forest or Bureau of Land Management 

6 district. 

7 ‘‘(iii) PARTICIPATION; COMMENTS.— 

8 The Secretary shall— 

9 ‘‘(I) ensure that all interested in10 dividuals are afforded an opportunity 

11 to participate in a hearing held under 

12 clause (i); 

13 ‘‘(II) solicit comments from the 

14 public at the hearing; and 

15 ‘‘(III) enter into the record all 

16 comments received at, or related to, 

17 the hearing. 

18 ‘‘(iv) AVAILABILITY OF RECORD.— 

19 ‘‘(I) IN GENERAL.—As soon as 

20 practicable after the date of a hearing 

21 held under clause (i), the Secretary 

22 shall make the record of the hearing 

23 (including a transcript of the hearing) 

24 available to the public on the Internet 

25 or by other electronic means. 


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1 ‘‘(II) COMPONENTS.—The Sec2 retary shall ensure that any compo3 nents of the record of the hearing that 

4 are completed before the entire record 

5 is finalized are made available on 

6 completion of each of the components. 

7 ‘‘(v) WAIVER.—The Secretary may 

8 decline to hold a public hearing under 

9 clause (i) if each unit of local government 

10 and tribal government within the boundary 

11 of the proposed national monument ex12 pressly waives the right to a hearing. 

13 ‘‘(B) NOTICE AND COMMENT PERIOD RE14 QUIREMENT.—Not later than 30 days after the 

15 date on which the President issues a proclama16 tion under subsection (a), the Secretary shall 

17 initiate a notice and comment period to receive 

18 comments from the public regarding the procla19 mation. 

20 ‘‘(C) REPORT.— 

21 ‘‘(i) CONTENTS.—Not later than 1 

22 year after the date on which the President 

23 issues a proclamation designating a na24 tional monument under subsection (a), the 


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1 President shall submit to Congress a re2 port that includes— 

3 ‘‘(I) an analysis of the economic 

4 impact of the designation on the com5 munities within the boundary of the 

6 national monument, including an esti7 mate of the tax revenues that would 

8 be lost to, or gained by, the Federal 

9 Government and State and local gov10 ernments as a result of the designa11 tion; 

12 ‘‘(II) an analysis of the impact 

13 the designation would have on energy 

14 security, including— 

15 ‘‘(aa) an analysis of the ef16 fects of the loss of sites to 

17 produce wind, geothermal, or 

18 solar energy; and 

19 ‘‘(bb) an estimate of the 

20 number of barrels of oil, tons of 

21 coal, or cubic feet of natural gas 

22 that would become unavailable as 

23 a result of the proclamation; 

24 ‘‘(III) the projected impact of the 

25 designation on interests, rights, and 


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1 uses associated with the parcels of 

2 land within the boundary of the na3 tional monument (including water 

4 rights, hunting, grazing, timber pro5 duction, vegetation manipulation to 

6 maintain forest health, off-road vehi7 cle use, hiking, horseback riding, and 

8 mineral and energy leases, claims, and 

9 permits); 

10 ‘‘(IV) the record of any hearings 

11 held under subparagraph (A); and 

12 ‘‘(V) any written comments re13 ceived during the notice and comment 

14 period under subparagraph (B). 

15 ‘‘(ii) REQUIRED COORDINATION.—The 

16 preparation of the report under clause (i) 

17 shall be coordinated with the governing 

18 bodies described in section 210 of the Fed19 eral Land Policy and Management Act of 

20 1976 (43 U.S.C. 1720). 

21 ‘‘(iii) PUBLICATION.—The President 

22 shall ensure that there is published on the 

23 White House website— 

24 ‘‘(I) during the period in which 

25 the report prepared under clause (i) is 


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1 being compiled, each component of the 

2 report that is completed, on comple3 tion of the component; and 

4 ‘‘(II) on submission of the report 

5 to Congress, the completed report. 

6 ‘‘(D) IMPLEMENTATION GUIDELINES.— 

7 The Secretary, in cooperation with the States, 

8 shall develop and publish guidelines to provide 

9 for the implementation of this paragraph. 

10 ‘‘(3) CONGRESSIONAL APPROVAL OF PROCLAMA11 TION.— 

12 ‘‘(A) APPROVAL REQUIRED.—A proclama13 tion issued under subsection (a) shall cease to 

14 be effective on the date that is 2 years after the 

15 date on which the President issued the procla16 mation, unless the proclamation is approved by 

17 an Act of Congress on or before the last day of 

18 that 2-year period. 

19 ‘‘(B) MANAGEMENT OF LAND BEFORE AP20 PROVAL.—During the period beginning on the 

21 date of issuance of a proclamation under sub22 section (a) and the date of approval of the proc23 lamation under subparagraph (A), the Presi24 dent shall ensure that any restriction placed on 

25 land and interests, rights, or uses associated 


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1 with the parcels of land designated as a na2 tional monument (including water rights, hunt3 ing, grazing, timber production, vegetation ma4 nipulation to maintain forest health, off-road 

5 vehicle use, hiking, horseback riding, and min6 eral and energy leases, claims, and permits) is 

7 narrowly tailored and necessary for the proper 

8 care and management of the objects to be pro9 tected. 

10 ‘‘(C) EFFECT OF NONAPPROVAL.—If Con11 gress does not approve a proclamation to des12 ignate a national monument under subpara13 graph (A), any reservation of land made by the 

14 proclamation, and any restriction imposed as a 

15 result of the proclamation on interests, rights, 

16 or uses associated with the parcels of land, shall 

17 cease to be effective on the date that is 2 years 

18 after the date of the issuance of the proclama19 tion. 

20 ‘‘(D) PROHIBITION ON REPEAT PROCLAMA21 TIONS.—The President may not issue a procla22 mation that is substantially similar to a procla23 mation previously issued under subsection (a) 

24 that Congress has not approved under subpara25 graph (A). 


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1 ‘‘(d) LIMITATION ON RESTRICTIONS.—The President 

2 shall ensure that any restriction placed on land and inter3 ests, rights, or uses associated with the parcels of land 

4 designated as a national monument by a proclamation 

5 issued under this section is narrowly tailored and nec6 essary to ensure the proper care and management of the 

7 objects to be protected. 

8 ‘‘(e) EFFECT ON CERTAIN STATES.—Nothing in this 

9 section affects— 

10 ‘‘(1) the limitations on designations in the State 

11 of Alaska under section 906(j)(5) of the Alaska Na12 tional Interest Lands Conservation Act (43 U.S.C. 

13 1635(j)(5)); or 

14 ‘‘(2) the limitations on designations in the State 

15 of Wyoming under the proviso of the last sentence 

16 of the first section of the Act of September 14, 1950 

17 (64 Stat. 849, chapter 950; 16 U.S.C. 431a).’’. 

Æ 


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