II 

114TH CONGRESS 

1ST SESSION S. 437 

To provide for congressional approval of national monuments and restrictions 

on the use of national monuments, to establish requirements for the 

declaration of marine national monuments, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2015 

Ms. MURKOWSKI (for herself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for congressional approval of national monuments 

and restrictions on the use of national monuments, to 

establish requirements for the declaration of marine 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 ‘‘Improved National 

5 Monument Designation Process Act’’. 

6 SEC. 2. DESIGNATION OF NATIONAL MONUMENTS. 

7 (a) IN GENERAL.—Section 320301 of title 54, United 

8 States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘The Presi2 dent may, in the President’s discretion’’ and insert3 ing the following: ‘‘After obtaining congressional ap4 proval of the proposed national monument, certi5 fying compliance with the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.) with re7 spect to the proposed national monument, and re8 ceiving from the Governor of each State in which the 

9 proposed national monument is to be located notice 

10 that the State legislature has enacted legislation ap11 proving the designation of the proposed national 

12 monument, and subject to subsection (e), the Presi13 dent may’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(e) REQUIREMENTS FOR DECLARATION OF MARINE

16 NATIONAL MONUMENTS.— 

17 ‘‘(1) DEFINITION OF EXCLUSIVE ECONOMIC

18 ZONE.—In this subsection, the term ‘exclusive eco19 nomic zone’ means the zone established by Procla20 mation Number 5030, dated March 10, 1983 (16 

21 U.S.C. 1453 note). 

22 ‘‘(2) REQUIREMENTS.—The President may not 

23 declare any area of the exclusive economic zone to 

24 be a national monument unless— 


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1 ‘‘(A) the declaration is specifically author2 ized by an Act of Congress; 

3 ‘‘(B) the President has certified compli4 ance with the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.) with re6 spect to the proposed national monument; 

7 ‘‘(C) the President has submitted to the 

8 Governor of each State and each territory, any 

9 part of which is located within 100 nautical 

10 miles of the proposed national monument, a 

11 proposal to make the declaration; 

12 ‘‘(D) the Governor of each State and terri13 tory described in subparagraph (C) submits to 

14 the President notice that the legislature of the 

15 State or territory has approved the proposal 

16 submitted under that paragraph; and 

17 ‘‘(E) the declaration is substantially the 

18 same as the proposal submitted under subpara19 graph (C).’’. 

20 (b) RESTRICTIONS ON PUBLIC USE.—Section 

21 320303 of title 54, United States Code, is amended— 

22 (1) by striking ‘‘The Secretary,’’ and inserting 

23 the following: 

24 ‘‘(a) IN GENERAL.—The Secretary,’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(b) RESTRICTIONS ON PUBLIC USE.—The Secretary 

2 of the Interior, or the Secretary of Commerce, with respect 

3 to any area of the exclusive economic zone (as defined in 

4 section 320301(e)(1)) designated as a national monument, 

5 shall not implement any restrictions on the public use of 

6 a national monument until the expiration of an appro7 priate review period (as determined by the Secretary of 

8 the Interior or the Secretary of Commerce, as applicable) 

9 providing for public input and congressional approval.’’. 

Æ 


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