I 

116TH CONGRESS 

1ST SESSION H. R. 1664 

To amend title 54, United States Code, to reform the Antiquities Act of 

1906, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2019 

Mr. BISHOP of Utah (for himself, Mr. MCCLINTOCK, Mr. STEWART, Mr. 

GOSAR, Mr. WESTERMAN, and Mr. CURTIS) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To amend title 54, United States Code, to reform the 

Antiquities Act of 1906, 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 Creation And Protection Act’’ or the ‘‘National Monument 

6 CAP Act’’. 

7 SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE 

8 OBJECTS. 

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

10 amended— 


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1 (1) in subsection (a), by striking ‘‘historic land2 marks, historic and prehistoric structures, and other 

3 objects of historic or scientific interest’’ and insert4 ing ‘‘object or objects of antiquity’’; 

5 (2) in subsection (b), by striking ‘‘confined to 

6 the smallest area compatible with the proper care 

7 and management of the objects to be protected’’ and 

8 inserting ‘‘in accordance with the limitations out9 lined in subsections (e), (f), (g), and (h)’’; and 

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

11 ‘‘(e) LIMITATION ON SIZE OF NATIONAL MONU12 MENTS.—Except as provided by subsections (f), (g), and 

13 (h), after the date of the enactment of this subsection, 

14 land may not be declared under this section in a configura15 tion that would create a national monument— 

16 ‘‘(1) that is more than 640 acres; and 

17 ‘‘(2) whose exterior boundary is less than 50 

18 miles from the closest exterior boundary of another 

19 national monument declared under this section. 

20 ‘‘(f) EXCEPTION FOR MONUMENTS OF LESS THAN

21 5,000 ACRES.—Subsection (e) shall not apply to the des22 ignation of a national monument under this section if the 

23 national monument so designated— 

24 ‘‘(1) would be less than 5,000 acres; 


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1 ‘‘(2) would have all exterior boundaries 50 

2 miles or more from the closest exterior boundary of 

3 another national monument declared under this sec4 tion; and 

5 ‘‘(3) has been reviewed under the National En6 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) by the Secretary of the Interior or the Sec8 retary of Agriculture, as appropriate. 

9 ‘‘(g) EXCEPTION FOR MONUMENTS OF 5,000 ACRES

10 AND UP TO 10,000 ACRES.— 

11 ‘‘(1) IN GENERAL.—Subsection (e) shall not 

12 apply to the designation of a national monument 

13 under this section if the national monument so des14 ignated— 

15 ‘‘(A) would be at least 5,000 acres but not 

16 more than 10,000 acres; and 

17 ‘‘(B) would have all exterior boundaries 50 

18 miles or more from the closest exterior bound19 ary of another national monument declaration 

20 under this section. 

21 ‘‘(2) OTHER REQUIREMENT.—A monument de22 scribed in this subsection shall be subject to the 

23 preparation of an environmental assessment or envi24 ronmental impact statement as part of a review 

25 under the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.). The choice of envi2 ronmental review document shall be within the dis3 cretion of the Secretary of the Interior or the Sec4 retary of Agriculture, as appropriate. 

5 ‘‘(h) EXCEPTION FOR MONUMENTS 10,000 ACRES

6 AND UP TO 85,000 ACRES.—Subsection (e) shall not apply 

7 to the designation of a national monument under this sec8 tion if the national monument so designated— 

9 ‘‘(1) would be at least 10,000 acres but not 

10 more than 85,000 acres; 

11 ‘‘(2) would have all exterior boundaries 50 

12 miles or more from the closest exterior boundary of 

13 another national monument declaration under this 

14 section; and 

15 ‘‘(3) has been approved by the elected gov16 erning body of each county (or county equivalent), 

17 the legislature of each State, and the Governor of 

18 each State within whose boundaries the national 

19 monument will be located (and the Governor of each 

20 such State has transmitted a copy of each such ap21 proval to the President). 

22 ‘‘(i) EXCEPTION FOR EMERGENCY DESIGNATION.— 

23 ‘‘(1) IN GENERAL.—Subsection (e) shall not 

24 apply to the designation under this section of a na25 tional monument of any acreage amount if designaVerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664

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1 tion is made to prevent imminent and irreparable 

2 harm to the object or objects of antiquity to be pro3 tected by the designation. 

4 ‘‘(2) ONE-YEAR LIMITATION.—A national 

5 monument designation under this subsection shall 

6 terminate on the date that is one calendar year after 

7 the date of the designation. 

8 ‘‘(3) ONE-TIME DESIGNATION.—Land des9 ignated as a national monument under this sub10 section— 

11 ‘‘(A) may only be so designated one time; 

12 and 

13 ‘‘(B) may not also be permanently des14 ignated as a national monument under this sec15 tion. 

16 ‘‘(4) RIGHTS AND USES.—Land designated as a 

17 national monument under this subsection shall re18 main subject to— 

19 ‘‘(A) valid existing rights; and 

20 ‘‘(B) uses allowed on the day before such 

21 designation under an applicable Resource Man22 agement Plan or Forest Plan. 

23 ‘‘(j) LIMITATION ON PRESIDENTIAL AUTHORITY TO

24 REDUCE SIZE OF DECLARED MONUMENTS.—The Presi25 dent may— 


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1 ‘‘(1) reduce the size of any national monument 

2 declared under this section by 85,000 acres or less; 

3 or 

4 ‘‘(2) reduce the size of any national monument 

5 declared under this section by more than 85,000 

6 acres only if the reduction— 

7 ‘‘(A) has been approved by the elected gov8 erning body of each county (or county equiva9 lent), the legislature of each State, and the 

10 Governor of each State within whose boundaries 

11 the national monument will be located (and the 

12 Governor of each such State has transmitted a 

13 copy of each such approval to the President); 

14 and 

15 ‘‘(B) has been reviewed under the National 

16 Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.) by the Secretary of the Interior 

18 or the Secretary of Agriculture, as appropriate. 

19 ‘‘(k) DISCLOSURE, CONSULTATION, SURVEY, AND

20 EVALUATION REQUIREMENT.—On a date not later than 

21 45 days before the declaration of any national monument 

22 or reduction in size of a declared monument under this 

23 section, and excluding such designations under subsection 

24 (i), the President shall— 


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1 ‘‘(1) keep records of all lobbying activity as de2 fined under the Lobbying Disclosure Act of 1995 (2 

3 U.S.C. 1601 et seq.) and received by the President 

4 or the Secretary of the Interior or Secretary of Agri5 culture for the purposes of influencing the declara6 tion of or adjustment to boundaries of such monu7 ment, including a record of— 

8 ‘‘(A) identities and affiliations of peti9 tioning registered lobbyists; 

10 ‘‘(B) date of such lobbying activity; 

11 ‘‘(C) duration of all meetings between reg12 istered lobbyists and the President or the Sec13 retary of the Interior or Secretary of Agri14 culture; 

15 ‘‘(D) topics of all meetings between reg16 istered lobbyists and the President or the Sec17 retary of the Interior or Secretary of Agri18 culture; and 

19 ‘‘(E) requests by registered lobbyists or 

20 other persons who made requests to the Presi21 dent or the Secretary of the Interior or Sec22 retary of Agriculture pertaining to the declara23 tion or modification of the boundaries of a 

24 monument; 


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1 ‘‘(2) solicit from the chief executive or designee 

2 of impacted governments information and advice re3 garding the declaration or adjustment to boundaries 

4 of such monument; 

5 ‘‘(3) produce a record of any significant eco6 nomic, recreational, cultural, geologic, artifactual, 

7 scientific, and other relevant objects or interests 

8 within the boundary of the planned monument or 

9 monument boundary adjustment, or which would 

10 otherwise be substantially impacted by such monu11 ment declaration or monument boundary adjust12 ment; 

13 ‘‘(4) designate any qualifying object as found in 

14 the record under paragraph (3) as an object of an15 tiquity, and include in the record under such clause 

16 any information showing that such designation 

17 meets the definition of object or objects of antiquity 

18 under this section; 

19 ‘‘(5) conduct an analysis of economic impact of 

20 such monument declaration or boundary adjustment, 

21 including impacts to— 

22 ‘‘(A) tourism; 

23 ‘‘(B) grazing; 

24 ‘‘(C) hunting and recreation; 

25 ‘‘(D) forestry; 


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1 ‘‘(E) mineral and other resource extrac2 tion; and 

3 ‘‘(F) other economic activity; 

4 ‘‘(6) produce an evaluation of anticipated im5 pacts to protection, management, and use of objects 

6 designated as ‘‘objects of antiquity’’ under para7 graph (4) which would be subject to protection 

8 under such monument declaration or boundary ad9 justment; 

10 ‘‘(7) compile and present to the Chair and 

11 Ranking Member or the staff designees of the Sen12 ate Energy and Natural Resources Committee and 

13 the House Committee on Natural Resources a report 

14 which includes all information as produced or re15 ceived under paragraphs (1) through (6); and 

16 ‘‘(8) establish and maintain an online portal on 

17 the website of the Department of the Interior acces18 sible by the public that allows the public to view 

19 such report under paragraph (7) after the presen20 tation of such report under such paragraph. 

21 ‘‘(l) NON-FEDERALLY OWNED PROPERTY.—After 

22 the date of the enactment of this subsection, land may 

23 not be declared as a national monument under this section 

24 in a configuration that would place non-federally owned 

25 property within the exterior boundaries of the national 


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1 monument without the express written consent of the own2 ers of that non-federally owned property. 

3 ‘‘(m) EFFECT OF DECLARATION ON FEDERAL

4 FUNDS.—No declaration under this section shall be con5 strued to increase the amount of Federal funds that are 

6 authorized to be appropriated for any fiscal year. 

7 ‘‘(n) WATER RIGHTS ASSOCIATED WITH A DECLARA8 TION.—Water rights associated with a declaration under 

9 this section— 

10 ‘‘(1) may not be reserved expressly or by impli11 cation by a declaration under this section; and 

12 ‘‘(2) may be acquired for a declaration under 

13 this section only in accordance with the laws of the 

14 State in which the water rights are based. 

15 ‘‘(o) DEFINITIONS.—For the purposes of this section: 

16 ‘‘(1) DECLARATION; DECLARED.—The terms 

17 ‘declaration’ and ‘declared’ shall only include the 

18 creation or expansion of a national monument under 

19 this section. 

20 ‘‘(2) IMPACTED GOVERNMENTS.—The term ‘im21 pacted governments’ means any of the following that 

22 contain a monument or reduced monument declared 

23 within its jurisdiction or which would otherwise have 

24 a significant economic or culture interest in such de25 clared monument: 


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1 ‘‘(A) County. 

2 ‘‘(B) City. 

3 ‘‘(C) Federally recognized Indian Tribe. 

4 ‘‘(D) State. 

5 ‘‘(E) State legislature. 

6 ‘‘(3) LAND.—The term ‘land’ shall not include 

7 submerged land or water. 

8 ‘‘(4) OBJECT OR OBJECTS OF ANTIQUITY.— 

9 ‘‘(A) The term ‘object or objects of antiq10 uity’ means— 

11 ‘‘(i) relics; 

12 ‘‘(ii) artifacts; 

13 ‘‘(iii) human or animal skeletal re14 mains; 

15 ‘‘(iv) fossils (other than fossil fuels); 

16 and 

17 ‘‘(v) certain buildings constructed be18 fore the date of the enactment of this sub19 section. 

20 ‘‘(B) The term ‘object or objects of antiq21 uity’ does not include— 

22 ‘‘(i) natural geographic features; and 


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1 ‘‘(ii) objects not made by humans, ex2 cept fossils (other than fossil fuels) or 

3 human or animal skeletal remains.’’. 

Æ 


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