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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 inserting
‘‘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 monu-
ment 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 transmitted the pro-
posed 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
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the date 2 years after issuance of the proclamation
unless the proclamation has been approved 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 preceding sentence
shall revert to the land use status such land and in-
terests in land had immediately before the proclama-
tion 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 structures,
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 section,
the President shall consider any information made avail-
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able in the development of existing plans and programs for
the management of the lands under consideration for proc-
lamation 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.’’.
Union Calendar No. 242
107TH CONGRESS
2D SESSION
H. R. 2114
[Report No. 107–408]
A BILL
To amend the Antiquities Act regarding the estab-
lishment by the President of certain national
monuments and to provide for public participa-
tion in the proclamation of national monuments.
APRIL 15, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed