IB

Union Calendar No. 242

107TH CONGRESS

2D SESSION H. R. 2114

[Report No. 107–408]

To amend the Antiquities Act regarding the establishment by the President

of certain national monuments and to provide for public participation

in the proclamation of national monuments.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 2001

Mr. SIMPSON (for himself, Mr. HANSEN, Mr. OTTER, Mr. PETERSON of Pennsylvania, Mr. DOOLITTLE, Mr. SHADEGG, Mr. DUNCAN, Mr. GIBBONS,

Mr. SCHAFFER, Mr. STUMP, Mr. SESSIONS, Mr. NETHERCUTT, Mrs.

CUBIN, Mr. CANNON, Mr. HERGER, Mr. HASTINGS of Washington, Mr.

SOUDER, Mr. RADANOVICH, Mr. REHBERG, Mr. WALDEN, Mr. GOSS, Mr.

CALVERT, Mr. SKEEN, Mr. THORNBERRY, Mr. THOMAS, Mr. HAYWORTH,

Mr. TANCREDO, Mr. HUNTER, Mr. TAUZIN, and Mr. FLAKE) introduced

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

APRIL 15, 2002

Additional sponsors: Mr. WAMP, Mr. HOSTETTLER, and Mr. TERRY

APRIL 15, 2002

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 7, 2001]

A BILL

To amend the Antiquities Act regarding the establishment

by the President of certain national monuments and
2

HR 2114 RH

to provide for public participation in the proclamation

of national monuments.

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 Fairness Act’’.

6 SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL MONU7 MENT STATUS AND CONSULTATION.

8 Section 2 of the Act of June 8, 1906, commonly re9 ferred to as the ‘‘Antiquities Act’’ (34 Stat. 225; 16 U.S.C.

10 431) is amended—

11 (1) by striking ‘‘SEC. 2. That the’’ and inserting

12 ‘‘SEC. 2. (a) The’’;

13 (2) by adding the following at the end of sub14 section (a) (as so designated by paragraph (1)): ‘‘A

15 proclamation of the President under this section that,

16 during one calendar year, creates a national monu17 ment that is more than 50,000 acres or that, during

18 one calendar year, adds more than 50,000 acres to an

19 existing national monument may not be issued until

20 30 days after the President has transmitted the pro21 posed proclamation to the Governor of the State or

22 States in which such acreage is located and solicited

23 such Governor’s or Governors’ written comments, and

24 any such proclamation shall cease to be effective on
3

HR 2114 RH

1 the date 2 years after issuance of the proclamation

2 unless the proclamation has been approved by an Act

3 of Congress. Land and interests in land that were

4 subject to a proclamation issued after the date of the

5 enactment of the National Monument Fairness Act

6 that ceases to be effective under the preceding sentence

7 shall revert to the land use status such land and in8 terests in land had immediately before the proclama9 tion was issued.’’; and

10 (3) by adding after subsection (a) (as so des11 ignated by paragraph (1)) the following new sub12 sections:

13 ‘‘(b)(1) To the extent consistent with the protection of

14 the historic landmarks, historic and prehistoric structures,

15 and other objects of historic or scientific interest located on

16 the public lands to be designated, the President shall—

17 ‘‘(A) solicit public participation and comment in

18 the development of a monument proclamation; and

19 ‘‘(B) consult with the Governor and entire con20 gressional delegation of the State or territory in

21 which such lands are located, to the extent prac22 ticable, at least 60 days prior to any national monu23 ment proclamation.

24 ‘‘(2) Before issuing a proclamation under this section,

25 the President shall consider any information made avail-
4

HR 2114 RH

1 able in the development of existing plans and programs for

2 the management of the lands under consideration for proc3 lamation as a monument, including such public comments

4 as may have been offered.

5 ‘‘(c) Any management plan for a national monument

6 developed subsequent to a proclamation made under this

7 section shall comply with the procedural requirements of

8 the National Environmental Policy Act of 1969.’’.

Union Calendar No. 242

107TH CONGRESS

2D SESSION H. R. 2114

[Report No. 107–408]

A BILL

To amend the Antiquities Act regarding the establishment by the President of certain national

monuments and to provide for public participation in the proclamation of national monuments.

APRIL 15, 2002

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed