I 
108TH CONGRESS 
1ST SESSION H. R. 2386
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 5, 2003
Mr. SIMPSON (for himself, Mr. OTTER, Mr. HERGER, Mr. DUNCAN, Mr. WAL-
DEN of Oregon, Mr. GOSS, Mr. PETERSON of Pennsylvania, Mr. HUNTER, 
Mr. CANNON, Mr. DOOLITTLE, Mr. THORNBERRY, Mr. RADANOVICH, Mr. 
PEARCE, Mr. GIBBONS, and Mr. SOUDER) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Monument 
Fairness Act’’.
SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL MONU-
MENT STATUS AND CONSULTATION. 
Section 2 of the Act of June 8, 1906, commonly re-
ferred to as the ‘‘Antiquities Act’’ (34 Stat. 225; 16 
U.S.C. 431) is amended—
(1) by striking ‘‘SEC. 2. That the’’ and insert-
ing ‘‘SEC. 2. (a) The’’; 
(2) by adding the following at the end of sub-
section (a) (as so designated by paragraph (1)): ‘‘A 
proclamation of the President under this section 
that, during one calendar year, creates a national 
monument that is more than 50,000 acres or that, 
during one calendar year, adds more than 50,000 
acres to an existing national monument may not be 
issued until 30 days after the President has trans-
mitted the proposed proclamation to the Governor of 
the State or States in which such acreage is located 
and solicited such Governor’s or Governors’ written 
comments, and any such proclamation shall cease to 
be effective on the date 2 years after issuance of the 
proclamation unless the proclamation has been ap-
proved by an Act of Congress. Land and interests in 
land that were subject to a proclamation issued after 
the date of the enactment of the National Monument 
Fairness Act that ceases to be effective under the 
preceeding sentence shall revert to the land use sta-
tus such land and interests in land had immediately 
before the proclamation was issued.’’; and 
(3) by adding after subsection (a) (as so des-
ignated by paragraph (1)) the following new sub-
sections: 
‘‘(b)(1) To the extent consistent with the protection 
of the historic landmarks, historic and prehistoric struc-
tures, and other objects of historic or scientific interest 
located on the public lands to be designated, the President 
shall—
‘‘(A) solicit public participation and comment in 
the development of a monument proclamation; and 
‘‘(B) consult with the Governor and entire con-
gressional delegation of the State or territory in 
which such lands are located, to the extent prac-
ticable, at least 60 days prior to any national monu-
ment proclamation. 
‘‘(2) Before issuing a proclamation under this sec-
tion, the President shall consider any information made 
available in the development of existing plans and pro-
grams for the management of the lands under consider-
ation for proclamation as a monument, including such 
public comments as may have been offered. 
‘‘(c) Any management plan for a national monument 
developed subsequent to a proclamation made under this
section shall comply with the procedural requirements of 
the National Environmental Policy Act of 1969.’’.
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