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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1459 Referred in Senate (RFS)]

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.

    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 ``Ensuring Public Involvement in the 
Creation of National Monuments Act''.

SEC. 2. NEPA APPLICABILITY TO NATIONAL MONUMENT DECLARATIONS.

    Section 2 of the Act of June 8, 1906 (16 U.S.C. 431; commonly known 
as the ``Antiquities Act of 1906'') is amended--
            (1) by striking ``That the President'' and inserting the 
        following:
    ``(a) That the President'';
            (2) by striking ``discretion, to declare'' and inserting 
        ``discretion, subject to the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), to declare'';
            (3) by inserting before the final period the following ``. 
        No more than one declaration shall be made in a State during 
        any presidential four-year term of office without an express 
        Act of Congress''; and
            (4) by adding at the end the following:
    ``(b) A declaration under this section shall--
            ``(1) not include private property without the informed 
        written consent of the owner of the private property affected 
        by the declaration;
            ``(2) be considered a major Federal action under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), except if it affects 5,000 acres or less, in which 
        case--
                    ``(A) the declaration shall be categorically 
                excluded from the National Environmental Policy Act of 
                1969;
                    ``(B) the declaration shall expire three years 
                after the date of the declaration; and
                    ``(C) the declaration may become permanent if--
                            ``(i) specifically designated as a monument 
                        by Federal statute; or
                            ``(ii) the President follows the review 
                        process under the National Environmental Policy 
                        Act of 1969; and
            ``(3) be followed by a feasibility study that includes an 
        estimate of the costs associated with managing the monument in 
        perpetuity, including any loss of Federal and State revenue, 
        and the benefits associated with managing the monument in 
        perpetuity, including jobs created and tourism dollars 
        associated with managing the monument, which shall be submitted 
        to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate and made available on the website of 
        the Department of the Interior not later than one year after 
        the date of the declaration.''.

SEC. 3. USE OF EXISTING FUNDS.

    This Act shall not be construed to increase the amount of funds 
that are authorized to be appropriated for any fiscal year.

            Passed the House of Representatives March 26, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```