IIB 
113TH CONGRESS 
2D SESSION 
H. R. 1459 
IN THE SENATE OF THE UNITED STATES 
MARCH 27, 2014 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To ensure that the National Environmental Policy Act of 
1969 applies to the declaration of national monuments, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
03:11 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1459.RFS
H1459
rfrederick on DSK6VPTVN1PROD with BILLS
HR 1459 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Public In-
volvement in the Creation of National Monuments Act’’. 
SEC. 2. NEPA APPLICABILITY TO NATIONAL MONUMENT 
DECLARATIONS. 
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431; 
commonly known as the ‘‘Antiquities Act of 1906’’) is 
amended— 
(1) by striking ‘‘That the President’’ and in-
serting the following: 
‘‘(a) That the President’’; 
(2) by striking ‘‘discretion, to declare’’ and in-
serting ‘‘discretion, subject to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
to declare’’; 
(3) by inserting before the final period the fol-
lowing ‘‘. No more than one declaration shall be 
made in a State during any presidential four-year 
term of office without an express Act of Congress’’; 
and 
(4) by adding at the end the following: 
‘‘(b) A declaration under this section shall— 
‘‘(1) not include private property without the 
informed written consent of the owner of the private 
property affected by the declaration; 
VerDate Mar 15 2010 
03:11 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1459.RFS
H1459
rfrederick on DSK6VPTVN1PROD with BILLS
HR 1459 RFS 
‘‘(2) be considered a major Federal action 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), except if it affects 
5,000 acres or less, in which case— 
‘‘(A) the declaration shall be categorically 
excluded from the National Environmental Pol-
icy Act of 1969; 
‘‘(B) the declaration shall expire three 
years after the date of the declaration; and 
‘‘(C) the declaration may become perma-
nent if— 
‘‘(i) specifically designated as a monu-
ment by Federal statute; or 
‘‘(ii) the President follows the review 
process under the National Environmental 
Policy Act of 1969; and 
‘‘(3) be followed by a feasibility study that in-
cludes an estimate of the costs associated with man-
aging the monument in perpetuity, including any 
loss of Federal and State revenue, and the benefits 
associated with managing the monument in per-
petuity, including jobs created and tourism dollars 
associated with managing the monument, which 
shall be submitted to the Committee on Natural Re-
sources of the House of Representatives and the 
VerDate Mar 15 2010 
03:11 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1459.RFS
H1459
rfrederick on DSK6VPTVN1PROD with BILLS
HR 1459 RFS 
Committee on Energy and Natural Resources of the 
Senate and made available on the website of the De-
partment of the Interior not later than one year 
after the date of the declaration.’’. 
SEC. 3. USE OF EXISTING FUNDS. 
This Act shall not be construed to increase the 
amount of funds that are authorized to be appropriated 
for any fiscal year. 
Passed the House of Representatives March 26, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
03:11 Mar 28, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1459.RFS
H1459
rfrederick on DSK6VPTVN1PROD with BILLS