I

107TH CONGRESS

1ST SESSION H. R. 2114

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

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.

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 of 2001’’.
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1 SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL MONU2 MENT STATUS AND CONSULTATION.

3 Section 2 of the Act of June 8, 1906, commonly re4 ferred to as the ‘‘Antiquities Act’’ (34 Stat. 225; 16

5 U.S.C. 431) is amended—

6 (1) by striking ‘‘SEC. 2. That the’’ and insert7 ing ‘‘SEC. 2. (a) The’’;

8 (2) by adding the following at the end of sub9 section (a) (as so designated by paragraph (1)): ‘‘A

10 proclamation of the President under this section

11 that, during one calendar year, creates a national

12 monument that is more than 50,000 acres or that,

13 during one calendar year, adds more than 50,000

14 acres to an existing national monument may not be

15 issued until 30 days after the President has trans16 mitted the proposed proclamation to the Governor of

17 the State or States in which such acreage is located

18 and solicited such Governor’s or Governors’ written

19 comments, and any such proclamation shall cease to

20 be effective on the date 2 years after issuance of the

21 proclamation unless the Congress has approved such

22 proclamation by law.’’; and

23 (3) by adding after subsection (a) (as so des24 ignated by paragraph (1)) the following new sub25 sections:
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1 ‘‘(b)(1) To the extent consistent with the protection

2 of the historic landmarks, historic and prehistoric struc3 tures, and other objects of historic or scientific interest

4 located on the public lands to be designated, the President

5 shall—

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

7 the development of a monument proclamation; and

8 ‘‘(B) consult with the Governor and entire con9 gressional delegation of the State or territory in

10 which such lands are located, to the extent prac11 ticable, at least 60 days prior to any national monu12 ment proclamation.

13 ‘‘(2) Before issuing a proclamation under this sec14 tion, the President shall consider any information made

15 available in the development of existing plans and pro16 grams for the management of the lands under consider17 ation for proclamation as a monument, including such

18 public comments as may have been offered.

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

20 developed subsequent to a proclamation made under this

21 section shall comply with the procedural requirements of

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

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