IB 

Union Calendar No. 161 

113TH CONGRESS 

1ST SESSION H. R. 1459 

[Report No. 113–221] 

To ensure that the National Environmental Policy Act of 1969 applies to 

the declaration of national monuments, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2013 

Mr. BISHOP of Utah (for himself, Mr. GOSAR, Mr. CHAFFETZ, Mr. WALDEN, 

Mr. PEARCE, Mrs. LUMMIS, Mr. AMODEI, and Mr. STEWART) introduced 

the following bill; which was referred to the Committee on Natural Resources 

SEPTEMBER 20, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 1459 RH

A BILL 

To ensure that the National Environmental Policy Act of 

1969 applies to the declaration of national monuments, 

and for other purposes. 


emcdonald on DSK67QTVN1PROD with BILLS
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•HR 1459 RH

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 ‘‘Ensuring Public In5 volvement in the Creation of National Monuments Act’’. 

6 SEC. 2. NEPA APPLICABILITY TO NATIONAL MONUMENT 

7 DECLARATIONS. 

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

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

10 amended— 

11 (1) by striking ‘‘That the President’’ and in12 serting the following: 

13 ‘‘(a) That the President’’; 

14 (2) by striking ‘‘discretion, to declare’’ and in15 serting ‘‘discretion, subject to the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

17 to declare’’; 

18 (3) by inserting before the final period the fol19 lowing ‘‘. No more than one declaration shall be 

20 made in a State during any presidential four-year 

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

22 and 

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

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


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•HR 1459 RH

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

2 informed written consent of the owner of the private 

3 property affected by the declaration; 

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

5 under the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.), if it affects more 

7 than 5,000 acres; 

8 ‘‘(3) be categorically excluded under the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.) and expire three years after the date 

11 of the declaration (unless specifically designated as 

12 a monument by Federal law), if it affects 5,000 

13 acres or less; and 

14 ‘‘(4) be followed by a feasibility study that in15 cludes an estimate of the costs associated with man16 aging the monument in perpetuity, including any 

17 loss of Federal and State revenue, which shall be 

18 submitted to the Committee on Natural Resources of 

19 the House of Representatives and the Committee on 

20 Energy and Natural Resources of the Senate and 

21 made available on the website of the Department of 

22 the Interior not later than one year after the date 

23 of the declaration.’’. 


emcdonald on DSK67QTVN1PROD with BILLS

emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 161 

113TH CONGRESS 

1ST SESSION H. R. 1459 

[Report No. 113–221] 

A BILL 

To ensure that the National Environmental Policy 

monuments, and for other purposes. Act of 1969 applies to the declaration of national 

SEPTEMBER 20, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS