IB 
Union Calendar No. 161 
113TH CONGRESS 
1ST SESSION H. R. 1459 
[Report No. 113–221] 
To ensure that the National Environmental Policy Act of 1969 applies to 
the declaration of national monuments, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2013 
Mr. BISHOP of Utah (for himself, Mr. GOSAR, Mr. CHAFFETZ, Mr. WALDEN, 
Mr. PEARCE, Mrs. LUMMIS, Mr. AMODEI, and Mr. STEWART) introduced 
the following bill; which was referred to the Committee on Natural Re-
sources 
SEPTEMBER 20, 2013 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To ensure that the National Environmental Policy Act of 
1969 applies to the declaration of national monuments, 
and for other purposes. 
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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 ‘‘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— 
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‘‘(1) not include private property without the 
informed written consent of the owner of the private 
property affected by the declaration; 
‘‘(2) be considered a major Federal action 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), if it affects more 
than 5,000 acres; 
‘‘(3) be categorically excluded under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and expire three years after the date 
of the declaration (unless specifically designated as 
a monument by Federal law), if it affects 5,000 
acres or less; and 
‘‘(4) 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, which shall be 
submitted to the Committee on Natural Resources of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate and 
made available on the website of the Department of 
the Interior not later than one year after the date 
of the declaration.’’. 
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Union Calendar No. 161 
113TH CONGRESS 
1ST SESSION 
H. R. 1459 
[Report No. 113–221] 
A BILL 
To ensure that the National Environmental Policy 
Act of 1969 applies to the declaration of national 
monuments, and for other purposes. 
SEPTEMBER 20, 2013 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Mar 15 2010 
21:20 Sep 20, 2013
Jkt 029200
PO 00000
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H1459
emcdonald on DSK67QTVN1PROD with BILLS