I 
116TH CONGRESS 
1ST SESSION H. R. 1664 
To amend title 54, United States Code, to reform the Antiquities Act of 
1906, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2019 
Mr. BISHOP of Utah (for himself, Mr. MCCLINTOCK, Mr. STEWART, Mr. 
GOSAR, Mr. WESTERMAN, and Mr. CURTIS) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To amend title 54, United States Code, to reform the 
Antiquities Act of 1906, and for other purposes. 
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 
Creation And Protection Act’’ or the ‘‘National Monument 
CAP Act’’. 
SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE 
OBJECTS. 
Section 320301 of title 54, United States Code, is 
amended— 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
(1) in subsection (a), by striking ‘‘historic land-
marks, historic and prehistoric structures, and other 
objects of historic or scientific interest’’ and insert-
ing ‘‘object or objects of antiquity’’; 
(2) in subsection (b), by striking ‘‘confined to 
the smallest area compatible with the proper care 
and management of the objects to be protected’’ and 
inserting ‘‘in accordance with the limitations out-
lined in subsections (e), (f), (g), and (h)’’; and 
(3) by adding at the end the following: 
‘‘(e) LIMITATION
ON SIZE
OF NATIONAL MONU-
MENTS.—Except as provided by subsections (f), (g), and 
(h), after the date of the enactment of this subsection, 
land may not be declared under this section in a configura-
tion that would create a national monument— 
‘‘(1) that is more than 640 acres; and 
‘‘(2) whose exterior boundary is less than 50 
miles from the closest exterior boundary of another 
national monument declared under this section. 
‘‘(f) EXCEPTION FOR MONUMENTS OF LESS THAN 
5,000 ACRES.—Subsection (e) shall not apply to the des-
ignation of a national monument under this section if the 
national monument so designated— 
‘‘(1) would be less than 5,000 acres; 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
‘‘(2) would have all exterior boundaries 50 
miles or more from the closest exterior boundary of 
another national monument declared under this sec-
tion; and 
‘‘(3) has been reviewed under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) by the Secretary of the Interior or the Sec-
retary of Agriculture, as appropriate. 
‘‘(g) EXCEPTION FOR MONUMENTS OF 5,000 ACRES 
AND UP TO 10,000 ACRES.— 
‘‘(1) IN
GENERAL.—Subsection (e) shall not 
apply to the designation of a national monument 
under this section if the national monument so des-
ignated— 
‘‘(A) would be at least 5,000 acres but not 
more than 10,000 acres; and 
‘‘(B) would have all exterior boundaries 50 
miles or more from the closest exterior bound-
ary of another national monument declaration 
under this section. 
‘‘(2) OTHER REQUIREMENT.—A monument de-
scribed in this subsection shall be subject to the 
preparation of an environmental assessment or envi-
ronmental impact statement as part of a review 
under the National Environmental Policy Act of 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
1969 (42 U.S.C. 4321 et seq.). The choice of envi-
ronmental review document shall be within the dis-
cretion of the Secretary of the Interior or the Sec-
retary of Agriculture, as appropriate. 
‘‘(h) EXCEPTION FOR MONUMENTS 10,000 ACRES 
AND UP TO 85,000 ACRES.—Subsection (e) shall not apply 
to the designation of a national monument under this sec-
tion if the national monument so designated— 
‘‘(1) would be at least 10,000 acres but not 
more than 85,000 acres; 
‘‘(2) would have all exterior boundaries 50 
miles or more from the closest exterior boundary of 
another national monument declaration under this 
section; and 
‘‘(3) has been approved by the elected gov-
erning body of each county (or county equivalent), 
the legislature of each State, and the Governor of 
each State within whose boundaries the national 
monument will be located (and the Governor of each 
such State has transmitted a copy of each such ap-
proval to the President). 
‘‘(i) EXCEPTION FOR EMERGENCY DESIGNATION.— 
‘‘(1) IN
GENERAL.—Subsection (e) shall not 
apply to the designation under this section of a na-
tional monument of any acreage amount if designa-
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
tion is made to prevent imminent and irreparable 
harm to the object or objects of antiquity to be pro-
tected by the designation. 
‘‘(2) 
ONE-YEAR
LIMITATION.—A 
national 
monument designation under this subsection shall 
terminate on the date that is one calendar year after 
the date of the designation. 
‘‘(3) 
ONE-TIME
DESIGNATION.—Land 
des-
ignated as a national monument under this sub-
section— 
‘‘(A) may only be so designated one time; 
and 
‘‘(B) may not also be permanently des-
ignated as a national monument under this sec-
tion. 
‘‘(4) RIGHTS AND USES.—Land designated as a 
national monument under this subsection shall re-
main subject to— 
‘‘(A) valid existing rights; and 
‘‘(B) uses allowed on the day before such 
designation under an applicable Resource Man-
agement Plan or Forest Plan. 
‘‘(j) LIMITATION ON PRESIDENTIAL AUTHORITY TO 
REDUCE SIZE OF DECLARED MONUMENTS.—The Presi-
dent may— 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
‘‘(1) reduce the size of any national monument 
declared under this section by 85,000 acres or less; 
or 
‘‘(2) reduce the size of any national monument 
declared under this section by more than 85,000 
acres only if the reduction— 
‘‘(A) has been approved by the elected gov-
erning body of each county (or county equiva-
lent), the legislature of each State, and the 
Governor of each State within whose boundaries 
the national monument will be located (and the 
Governor of each such State has transmitted a 
copy of each such approval to the President); 
and 
‘‘(B) has been reviewed under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) by the Secretary of the Interior 
or the Secretary of Agriculture, as appropriate. 
‘‘(k) DISCLOSURE, CONSULTATION, SURVEY, AND 
EVALUATION REQUIREMENT.—On a date not later than 
45 days before the declaration of any national monument 
or reduction in size of a declared monument under this 
section, and excluding such designations under subsection 
(i), the President shall— 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
‘‘(1) keep records of all lobbying activity as de-
fined under the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1601 et seq.) and received by the President 
or the Secretary of the Interior or Secretary of Agri-
culture for the purposes of influencing the declara-
tion of or adjustment to boundaries of such monu-
ment, including a record of— 
‘‘(A) identities and affiliations of peti-
tioning registered lobbyists; 
‘‘(B) date of such lobbying activity; 
‘‘(C) duration of all meetings between reg-
istered lobbyists and the President or the Sec-
retary of the Interior or Secretary of Agri-
culture; 
‘‘(D) topics of all meetings between reg-
istered lobbyists and the President or the Sec-
retary of the Interior or Secretary of Agri-
culture; and 
‘‘(E) requests by registered lobbyists or 
other persons who made requests to the Presi-
dent or the Secretary of the Interior or Sec-
retary of Agriculture pertaining to the declara-
tion or modification of the boundaries of a 
monument; 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
‘‘(2) solicit from the chief executive or designee 
of impacted governments information and advice re-
garding the declaration or adjustment to boundaries 
of such monument; 
‘‘(3) produce a record of any significant eco-
nomic, recreational, cultural, geologic, artifactual, 
scientific, and other relevant objects or interests 
within the boundary of the planned monument or 
monument boundary adjustment, or which would 
otherwise be substantially impacted by such monu-
ment declaration or monument boundary adjust-
ment; 
‘‘(4) designate any qualifying object as found in 
the record under paragraph (3) as an object of an-
tiquity, and include in the record under such clause 
any information showing that such designation 
meets the definition of object or objects of antiquity 
under this section; 
‘‘(5) conduct an analysis of economic impact of 
such monument declaration or boundary adjustment, 
including impacts to— 
‘‘(A) tourism; 
‘‘(B) grazing; 
‘‘(C) hunting and recreation; 
‘‘(D) forestry; 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
‘‘(E) mineral and other resource extrac-
tion; and 
‘‘(F) other economic activity; 
‘‘(6) produce an evaluation of anticipated im-
pacts to protection, management, and use of objects 
designated as ‘‘objects of antiquity’’ under para-
graph (4) which would be subject to protection 
under such monument declaration or boundary ad-
justment; 
‘‘(7) compile and present to the Chair and 
Ranking Member or the staff designees of the Sen-
ate Energy and Natural Resources Committee and 
the House Committee on Natural Resources a report 
which includes all information as produced or re-
ceived under paragraphs (1) through (6); and 
‘‘(8) establish and maintain an online portal on 
the website of the Department of the Interior acces-
sible by the public that allows the public to view 
such report under paragraph (7) after the presen-
tation of such report under such paragraph. 
‘‘(l) NON-FEDERALLY OWNED PROPERTY.—After 
the date of the enactment of this subsection, land may 
not be declared as a national monument under this section 
in a configuration that would place non-federally owned 
property within the exterior boundaries of the national 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
monument without the express written consent of the own-
ers of that non-federally owned property. 
‘‘(m) EFFECT
OF
DECLARATION
ON
FEDERAL 
FUNDS.—No declaration under this section shall be con-
strued to increase the amount of Federal funds that are 
authorized to be appropriated for any fiscal year. 
‘‘(n) WATER RIGHTS ASSOCIATED WITH A DECLARA-
TION.—Water rights associated with a declaration under 
this section— 
‘‘(1) may not be reserved expressly or by impli-
cation by a declaration under this section; and 
‘‘(2) may be acquired for a declaration under 
this section only in accordance with the laws of the 
State in which the water rights are based. 
‘‘(o) DEFINITIONS.—For the purposes of this section: 
‘‘(1) DECLARATION; DECLARED.—The terms 
‘declaration’ and ‘declared’ shall only include the 
creation or expansion of a national monument under 
this section. 
‘‘(2) IMPACTED GOVERNMENTS.—The term ‘im-
pacted governments’ means any of the following that 
contain a monument or reduced monument declared 
within its jurisdiction or which would otherwise have 
a significant economic or culture interest in such de-
clared monument: 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS
‘‘(ii) objects not made by humans, ex-
cept fossils (other than fossil fuels) or 
human or animal skeletal remains.’’. 
Æ 
VerDate Sep 11 2014 
20:22 Mar 25, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H1664.IH
H1664
khammond on DSKBBV9HB2PROD with BILLS