I 

111TH CONGRESS 

2D SESSION H. R. 5580 

To amend the Act popularly known as the Antiquities Act of 1906 to require 

certain procedures for designating national monuments, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2010 

Mr. NUNES (for himself, Mr. SIMPSON, Mr. BISHOP of Utah, Mr. MCCLINTOCK, Mr. MCKEON, Mr. HERGER, Mr. REHBERG, Mr. WALDEN, Mr. 

LAMBORN, and Mr. HUNTER) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Act popularly known as the Antiquities Act 

of 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 2010’’. 


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

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

4 popularly known as the ‘‘Antiquities Act of 1906’’, is 

5 amended— 

6 (1) by striking ‘‘That the President’’ and in7 serting ‘‘(a) IN GENERAL.—Subject to the require8 ments of this section, the President’’; and 

9 (2) in subsection (a) (as so designated)— 

10 (A) by striking ‘‘compatible with’’ and in11 serting ‘‘essential to ensure’’; and 

12 (B) by striking ‘‘Provided, That when’’ and 

13 inserting ‘‘When’’. 

14 SEC. 3. NATIONAL MONUMENT DESIGNATION PROCE15 DURES. 

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

17 is further amended by adding at the end the following: 

18 ‘‘(b) NATIONAL MONUMENT DESIGNATION PROCE19 DURES.— 

20 ‘‘(1) PRECONDITION TO PROCLAMATION.—The 

21 President may not issue a proclamation to designate 

22 a national monument under subsection (a) before 

23 the last day of the 30-day period beginning on the 

24 date on which the President provides the language 

25 of the proposed proclamation to Congress and to the 

26 Governor of each State, the chief elected official of 


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1 each unit of local government, and the governing en2 tity of each tribal government with jurisdiction over 

3 parcels of land located within the boundaries of the 

4 proposed national monument. 

5 ‘‘(2) PUBLIC PARTICIPATION.— 

6 ‘‘(A) PUBLIC HEARING REQUIREMENT.— 

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

8 (iv), not later than 90 days after the date 

9 on which the President issues a proclama10 tion under subsection (a), the Secretary of 

11 the Interior shall hold not fewer than one 

12 public hearing within a county (or com13 parable unit of local government) located 

14 wholly or in part within the boundaries of 

15 the national monument. The Secretary 

16 shall ensure that all interested individuals 

17 are afforded an opportunity to participate 

18 in a hearing held under this subparagraph. 

19 ‘‘(ii) COMMENTS.—The Secretary of 

20 the Interior shall solicit comments from 

21 the public at a hearing held under clause 

22 (i), and shall enter all comments received 

23 at or related to such hearing into the 

24 record of the hearing. 


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1 ‘‘(iii) AVAILABILITY OF RECORD.— 

2 The Secretary of the Interior shall prompt3 ly make the record of a hearing held under 

4 clause (i), including a transcript of the 

5 hearing, available to the public on the 

6 Internet or by other electronic means. The 

7 Secretary shall ensure that any compo8 nents of the record that are completed be9 fore the entire record is finalized are made 

10 available upon their completion. 

11 ‘‘(iv) WAIVER.—The Secretary of the 

12 Interior may decline to hold a public hear13 ing under clause (i) if each unit of local 

14 and tribal government located wholly or in 

15 part within the boundaries of the national 

16 monument expressly waives the right to 

17 such hearing. 

18 ‘‘(B) NOTICE AND COMMENT PERIOD RE19 QUIREMENT.—Not later than 30 days after the 

20 date on which the President issues a proclama21 tion under subsection (a), the Secretary of the 

22 Interior shall initiate a notice and comment pe23 riod to receive comments from the public re24 garding the proclamation. 

25 ‘‘(C) REPORT.— 


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1 ‘‘(i) CONTENTS.—Not later than one 

2 year after issuing a proclamation to des3 ignate a national monument under sub4 section (a), the President shall submit to 

5 Congress a report containing the following: 

6 ‘‘(I) An analysis of the economic 

7 impact of the designation on the com8 munities within the boundaries of the 

9 monument, including an estimate of 

10 the tax revenues that will be lost to, 

11 or gained for, the Federal, State, and 

12 local governments as a result of the 

13 designation. 

14 ‘‘(II) An analysis of the impact 

15 the designation will have on the Na16 tion’s energy security, including the 

17 effects of the loss of sites to produce 

18 wind, geothermal, or solar energy, and 

19 the number of barrels of oil, tons of 

20 coal, or cubic feet of natural gas that 

21 will become unavailable as a result of 

22 the proclamation. 

23 ‘‘(III) The projected impact of 

24 the designation on interests, rights, 

25 and uses associated with the parcels 


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1 of land within the boundaries of the 

2 monument, including water rights, 

3 hunting, grazing, timber production, 

4 vegetation manipulation to maintain 

5 forest health, off-road vehicle use, hik6 ing, horseback riding, and mineral 

7 and energy leases, claims, and per8 mits. 

9 ‘‘(IV) The record of any hearings 

10 held under subparagraph (A). 

11 ‘‘(V) Any written comments re12 ceived during the notice and comment 

13 period conducted under subparagraph 

14 (B). 

15 ‘‘(ii) PUBLICATION.—The President 

16 shall ensure that a report submitted to 

17 Congress under clause (i) is published on 

18 the White House Internet website upon 

19 completion. The President shall further en20 sure that any components of the report 

21 that are completed before the entire report 

22 is finalized and submitted to Congress are 

23 published on the White House Internet 

24 website upon their completion. 


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1 ‘‘(D) IMPLEMENTATION GUIDELINES.— 

2 The Secretary of the Interior, in cooperation 

3 with the States, shall develop and publish 

4 guidelines to provide for the implementation of 

5 this paragraph. 

6 ‘‘(3) CONGRESSIONAL APPROVAL OF PROCLAMA7 TION.— 

8 ‘‘(A) APPROVAL REQUIRED.—A proclama9 tion issued under subsection (a) shall cease to 

10 be effective following the last day of the 2-year 

11 period beginning on the date on which the 

12 President issued the proclamation, unless the 

13 proclamation is approved by an Act of Congress 

14 on or before that last day. 

15 ‘‘(B) MANAGEMENT OF LAND BEFORE AP16 PROVAL.—During the period between the 

17 issuance of a proclamation under subsection (a) 

18 and the approval of the proclamation under 

19 subparagraph (A), the President shall ensure 

20 that any restriction placed on land and inter21 ests, rights, or uses associated with the parcels 

22 of land designated as a national monument, in23 cluding water rights, hunting, grazing, timber 

24 production, vegetation manipulation to maintain 

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1 back riding, and mineral and energy leases, 

2 claims, and permits, is narrowly tailored and 

3 essential to the proper care and management of 

4 the objects to be protected. 

5 ‘‘(C) EFFECT OF NONAPPROVAL.—If Con6 gress does not approve a proclamation to des7 ignate a national monument under subpara8 graph (A), any reservation of land made by 

9 such proclamation, and any restriction imposed 

10 as a result of such proclamation on interests, 

11 rights, or uses associated with the parcels of 

12 land, shall cease to be effective following the 

13 last day of the 2-year period referred to in sub14 paragraph (A). 

15 ‘‘(D) PROHIBITION ON REPEAT PROCLAMA16 TIONS.—The President may not issue a procla17 mation that is substantially similar to a procla18 mation previously issued under subsection (a) 

19 that Congress has not approved under subpara20 graph (A).’’. 

21 SEC. 4. LIMITATION ON RESTRICTIONS. 

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

23 is further amended by adding at the end the following: 

24 ‘‘(c) LIMITATION ON RESTRICTIONS.—The President 

25 shall ensure that any restriction placed on land and interVerDate Mar 15 2010 04:03 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5580.IH H5580

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1 ests, rights, or uses associated with the parcels of land 

2 designated as a national monument by a proclamation 

3 issued under this section is narrowly tailored and essential 

4 to the proper care and management of the objects to be 

5 protected.’’. 

Æ 


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