I 
112TH CONGRESS 
1ST SESSION 
H. R. 758 
To amend the Act popularly known as the Antiquities Act of 1906 to require 
certain procedures for designating national monuments, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2011 
Mr. NUNES (for himself, Mr. MCCARTHY of California, Mr. MCKEON, Mr. 
BISHOP of Utah, Mr. COFFMAN of Colorado, Mr. MCCLINTOCK, Mr. 
LAMBORN, Mr. CAMPBELL, Mr. GALLEGLY, Mr. REHBERG, Mrs. 
MCMORRIS RODGERS, Mr. COLE, Mr. BROUN of Georgia, Mr. CHAFFETZ, 
Mr. WALDEN, Mr. HUNTER, Mr. TIPTON, Mr. CALVERT, Mr. HERGER, 
Mr. LABRADOR, and Mr. SAM JOHNSON of Texas) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the Act popularly known as the Antiquities Act 
of 1906 to require certain procedures for designating 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Monument 
Designation Transparency and Accountability Act’’. 
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SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONU-
MENTS. 
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431), 
popularly known as the ‘‘Antiquities Act of 1906’’, is 
amended— 
(1) by striking ‘‘That the President’’ and in-
serting ‘‘(a) IN GENERAL.—Subject to the require-
ments of this section, the President’’; and 
(2) in subsection (a) (as so designated)— 
(A) by striking ‘‘compatible with’’ and in-
serting ‘‘essential to ensure’’; and 
(B) by striking ‘‘Provided, That when’’ and 
inserting ‘‘When’’. 
SEC. 3. NATIONAL MONUMENT DESIGNATION PROCE-
DURES. 
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431) 
is further amended by adding at the end the following: 
‘‘(b) NATIONAL MONUMENT DESIGNATION PROCE-
DURES.— 
‘‘(1) PRECONDITION TO PROCLAMATION.—The 
President may not issue a proclamation to designate 
a national monument under subsection (a) before 
the last day of the 30-day period beginning on the 
date on which the President provides the language 
of the proposed proclamation to Congress and to the 
Governor of each State, the chief elected official of 
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each unit of local government, and the governing en-
tity of each tribal government with jurisdiction over 
parcels of land located within the boundaries of the 
proposed national monument. 
‘‘(2) PUBLIC PARTICIPATION.— 
‘‘(A) PUBLIC HEARING REQUIREMENT.— 
‘‘(i) IN GENERAL.—Subject to clause 
(iv), not later than 90 days after the date 
on which the President issues a proclama-
tion under subsection (a), the Secretary of 
the Interior shall hold not fewer than one 
public hearing within a county (or com-
parable unit of local government) located 
wholly or in part within the boundaries of 
the national monument. The Secretary 
shall ensure that all interested individuals 
are afforded an opportunity to participate 
in a hearing held under this subparagraph. 
‘‘(ii) COMMENTS.—The Secretary of 
the Interior shall solicit comments from 
the public at a hearing held under clause 
(i), and shall enter all comments received 
at or related to such hearing into the 
record of the hearing. 
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‘‘(iii) AVAILABILITY
OF
RECORD.— 
The Secretary of the Interior shall prompt-
ly make the record of a hearing held under 
clause (i), including a transcript of the 
hearing, available to the public on the 
Internet or by other electronic means. The 
Secretary shall ensure that any compo-
nents of the record that are completed be-
fore the entire record is finalized are made 
available upon their completion. 
‘‘(iv) WAIVER.—The Secretary of the 
Interior may decline to hold a public hear-
ing under clause (i) if each unit of local 
and tribal government located wholly or in 
part within the boundaries of the national 
monument expressly waives the right to 
such hearing. 
‘‘(B) NOTICE AND COMMENT PERIOD RE-
QUIREMENT.—Not later than 30 days after the 
date on which the President issues a proclama-
tion under subsection (a), the Secretary of the 
Interior shall initiate a notice and comment pe-
riod to receive comments from the public re-
garding the proclamation. 
‘‘(C) REPORT.— 
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‘‘(i) CONTENTS.—Not later than one 
year after issuing a proclamation to des-
ignate a national monument under sub-
section (a), the President shall submit to 
Congress a report containing the following: 
‘‘(I) An analysis of the economic 
impact of the designation on the com-
munities within the boundaries of the 
monument, including an estimate of 
the tax revenues that will be lost to, 
or gained for, the Federal, State, and 
local governments as a result of the 
designation. 
‘‘(II) An analysis of the impact 
the designation will have on the Na-
tion’s energy security, including the 
effects of the loss of sites to produce 
wind, geothermal, or solar energy, and 
the number of barrels of oil, tons of 
coal, or cubic feet of natural gas that 
will become unavailable as a result of 
the proclamation. 
‘‘(III) The projected impact of 
the designation on interests, rights, 
and uses associated with the parcels 
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of land within the boundaries of the 
monument, including water rights, 
hunting, recreational shooting, graz-
ing, timber production, vegetation ma-
nipulation to maintain forest health, 
off-road vehicle use, hiking, horseback 
riding, and mineral and energy leases, 
claims, and permits. 
‘‘(IV) The record of any hearings 
held under subparagraph (A). 
‘‘(V) Any written comments re-
ceived during the notice and comment 
period conducted under subparagraph 
(B). 
‘‘(ii) PUBLICATION.—The President 
shall ensure that a report submitted to 
Congress under clause (i) is published on 
the White House Internet website upon 
completion. The President shall further en-
sure that any components of the report 
that are completed before the entire report 
is finalized and submitted to Congress are 
published on the White House Internet 
website upon their completion. 
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‘‘(D) 
IMPLEMENTATION
GUIDELINES.— 
The Secretary of the Interior, in cooperation 
with the States, shall develop and publish 
guidelines to provide for the implementation of 
this paragraph. 
‘‘(3) CONGRESSIONAL APPROVAL OF PROCLAMA-
TION.— 
‘‘(A) APPROVAL REQUIRED.—A proclama-
tion issued under subsection (a) shall cease to 
be effective following the last day of the 2-year 
period beginning on the date on which the 
President issued the proclamation, unless the 
proclamation is approved by an Act of Congress 
on or before that last day. 
‘‘(B) MANAGEMENT OF LAND BEFORE AP-
PROVAL.—During 
the 
period 
between 
the 
issuance of a proclamation under subsection (a) 
and the approval of the proclamation under 
subparagraph (A), the President shall ensure 
that any restriction placed on land and inter-
ests, rights, or uses associated with the parcels 
of land designated as a national monument, in-
cluding water rights, hunting, recreational 
shooting, grazing, timber production, vegetation 
manipulation to maintain forest health, off-road 
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vehicle use, hiking, horseback riding, and min-
eral and energy leases, claims, and permits, is 
narrowly tailored and essential to the proper 
care and management of the objects to be pro-
tected. 
‘‘(C) EFFECT OF NONAPPROVAL.—If Con-
gress does not approve a proclamation to des-
ignate a national monument under subpara-
graph (A), any reservation of land made by 
such proclamation, and any restriction imposed 
as a result of such proclamation on interests, 
rights, or uses associated with the parcels of 
land, shall cease to be effective following the 
last day of the 2-year period referred to in sub-
paragraph (A). 
‘‘(D) PROHIBITION ON REPEAT PROCLAMA-
TIONS.—The President may not issue a procla-
mation that is substantially similar to a procla-
mation previously issued under subsection (a) 
that Congress has not approved under subpara-
graph (A).’’. 
SEC. 4. LIMITATION ON RESTRICTIONS. 
Section 2 of the Act of June 8, 1906 (16 U.S.C. 431) 
is further amended by adding at the end the following: 
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‘‘(c) LIMITATION ON RESTRICTIONS.—The President 
shall ensure that any restriction placed on land and inter-
ests, rights, or uses associated with the parcels of land 
designated as a national monument by a proclamation 
issued under this section is narrowly tailored and essential 
to the proper care and management of the objects to be 
protected.’’. 
Æ 
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