IIB 

113TH CONGRESS 

2D SESSION H. R. 1459 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2014 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To ensure that the National Environmental Policy Act of 

1969 applies to the declaration of 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, 


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HR 1459 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ensuring Public In3 volvement in the Creation of National Monuments Act’’. 

4 SEC. 2. NEPA APPLICABILITY TO NATIONAL MONUMENT 

5 DECLARATIONS. 

6 Section 2 of the Act of June 8, 1906 (16 U.S.C. 431; 

7 commonly known as the ‘‘Antiquities Act of 1906’’) is 

8 amended— 

9 (1) by striking ‘‘That the President’’ and in10 serting the following: 

11 ‘‘(a) That the President’’; 

12 (2) by striking ‘‘discretion, to declare’’ and in13 serting ‘‘discretion, subject to the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

15 to declare’’; 

16 (3) by inserting before the final period the fol17 lowing ‘‘. No more than one declaration shall be 

18 made in a State during any presidential four-year 

19 term of office without an express Act of Congress’’; 

20 and 

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

22 ‘‘(b) A declaration under this section shall— 

23 ‘‘(1) not include private property without the 

24 informed written consent of the owner of the private 

25 property affected by the declaration; 


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HR 1459 RFS 

1 ‘‘(2) be considered a major Federal action 

2 under the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4321 et seq.), except if it affects 

4 5,000 acres or less, in which case— 

5 ‘‘(A) the declaration shall be categorically 

6 excluded from the National Environmental Pol7 icy Act of 1969; 

8 ‘‘(B) the declaration shall expire three 

9 years after the date of the declaration; and 

10 ‘‘(C) the declaration may become perma11 nent if— 

12 ‘‘(i) specifically designated as a monu13 ment by Federal statute; or 

14 ‘‘(ii) the President follows the review 

15 process under the National Environmental 

16 Policy Act of 1969; and 

17 ‘‘(3) be followed by a feasibility study that in18 cludes an estimate of the costs associated with man19 aging the monument in perpetuity, including any 

20 loss of Federal and State revenue, and the benefits 

21 associated with managing the monument in per22 petuity, including jobs created and tourism dollars 

23 associated with managing the monument, which 

24 shall be submitted to the Committee on Natural Re25 sources of the House of Representatives and the 


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HR 1459 RFS 

1 Committee on Energy and Natural Resources of the 

2 Senate and made available on the website of the De3 partment of the Interior not later than one year 

4 after the date of the declaration.’’. 

5 SEC. 3. USE OF EXISTING FUNDS. 

6 This Act shall not be construed to increase the 

7 amount of funds that are authorized to be appropriated 

8 for any fiscal year. 

Passed the House of Representatives March 26, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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