Title: Improved National Monument Designation Process Act
Policy area: Public Lands and Natural Resources

Summary:
Improved National Monument Designation Process Act
Before a national monument can be designated on public land, the President must obtain congressional approval, certify compliance with the National Environmental Policy Act of 1969 (NEPA), and receive notice from the governor of the state in which the monument is to be located that the state legislature has enacted legislation approving its designation.
The President may not declare any area of the exclusive economic zone to be a marine national monument unless:
Neither the Department of the Interior nor the Department of Commerce may implement a restriction on the public use of a marine national monument until the expiration of an appropriate review period providing for public input and congressional approval.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 33 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 33

    To provide for congressional approval of national monuments and 
      restrictions on the use of national monuments, to establish 
requirements for the declaration of marine national monuments, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 5, 2017

 Ms. Murkowski (for herself, Mr. Sullivan, Mr. Daines, Mr. Hatch, Mr. 
 Heller, Mr. Flake, Mr. Lee, Mr. McCain, Mr. Risch, Mr. Grassley, Mr. 
 Tillis, Mr. McConnell, Mr. Blunt, Mr. Inhofe, Mr. Johnson, Mr. Cruz, 
  Mrs. Capito, Mr. Wicker, Mr. Sessions, Mr. Rubio, Mr. Cassidy, Mr. 
    Crapo, Mr. Roberts, Mr. Cochran, and Mr. Rounds) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To provide for congressional approval of national monuments and 
      restrictions on the use of national monuments, to establish 
requirements for the declaration of marine national monuments, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved National Monument 
Designation Process Act''.

SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.

    (a) In General.--Section 320301 of title 54, United States Code, is 
amended--
            (1) in subsection (a), by striking ``The President may, in 
        the President's discretion'' and inserting the following: 
        ``After obtaining congressional approval of the proposed 
        national monument, certifying compliance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to the proposed national monument, and receiving from 
        the Governor of each State in which the proposed national 
        monument is to be located notice that the State legislature has 
        enacted legislation approving the designation of the proposed 
        national monument, and subject to subsection (e), the President 
        may''; and
            (2) by adding at the end the following:
    ``(e) Requirements for Declaration of Marine National Monuments.--
            ``(1) Definition of exclusive economic zone.--In this 
        subsection, the term `exclusive economic zone' means the zone 
        established by Proclamation Number 5030, dated March 10, 1983 
        (16 U.S.C. 1453 note).
            ``(2) Requirements.--The President may not declare any area 
        of the exclusive economic zone to be a national monument 
        unless--
                    ``(A) the declaration is specifically authorized by 
                an Act of Congress;
                    ``(B) the President has certified compliance with 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to the proposed 
                national monument;
                    ``(C) the President has submitted to the Governor 
                of each State and each territory, any part of which is 
                located within 100 nautical miles of the proposed 
                national monument, a proposal to make the declaration;
                    ``(D) the Governor of each State and territory 
                described in subparagraph (C) submits to the President 
                notice that the legislature of the State or territory 
                has approved the proposal submitted under that 
                paragraph; and
                    ``(E) the declaration is substantially the same as 
                the proposal submitted under subparagraph (C).''.
    (b) Restrictions on Public Use.--Section 320303 of title 54, United 
States Code, is amended--
            (1) by striking ``The Secretary,'' and inserting the 
        following:
    ``(a) In General.--The Secretary,''; and
            (2) by adding at the end the following:
    ``(b) Restrictions on Public Use.--The Secretary, or the Secretary 
of Commerce, with respect to any area of the exclusive economic zone 
(as defined in section 320301(e)(1)) designated as a national monument, 
shall not implement any restrictions on the public use of a national 
monument until the expiration of an appropriate review period (as 
determined by the Secretary or the Secretary of Commerce, as 
applicable) providing for public input and congressional approval.''.
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