Title: National Monument CAP Act
Policy area: Public Lands and Natural Resources

Summary:
National Monument Creation And Protection Act or the National Monument CAP Act
This bill allows the President to declare by public proclamation an object or objects of antiquity (currently, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest) that are situated on lands owned or controlled by the federal government to be national monuments. "Objects of antiquity" means relics, artifacts, human or animal skeletal remains, fossils, and certain buildings constructed before enactment of this bill.
The bill prescribes limits on land that may be declared to be a national monument based on acreage, proximity to other national monuments, whether it has been reviewed by the Department of the Interior or Agriculture (USDA) under the National Environmental Policy Act, and whether it has been approved by each county and state within whose boundaries it will be located.
Such limitation shall not apply to a designation made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected. Such exception shall end after one year and may be used only once.
The President may reduce the size of any declared national monument: (1) by 85,000 acres or less; or (2) by more than 85,000 acres only if the reduction has been approved by each county and state within whose boundaries the monument will be located and reviewed by Interior or USDA under the National Environmental Policy Act.
The bill prohibits any land from being declared as a national monument in a configuration that would place nonfederally owned property within the monument without first obtaining the owners' written consent.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1664 Introduced in House (IH)]

<DOC>






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 Representatives 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--
            (1) in subsection (a), by striking ``historic landmarks, 
        historic and prehistoric structures, and other objects of 
        historic or scientific interest'' and inserting ``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 outlined in subsections (e), (f), (g), and 
        (h)''; and
            (3) by adding at the end the following:
    ``(e) Limitation on Size of National Monuments.--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 
configuration 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 designation of a national monument under 
this section if the national monument so designated--
            ``(1) would be less than 5,000 acres;
            ``(2) would have all exterior boundaries 50 miles or more 
        from the closest exterior boundary of another national monument 
        declared under this section; and
            ``(3) 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.
    ``(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 designated--
                    ``(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 boundary of another 
                national monument declaration under this section.
            ``(2) Other requirement.--A monument described in this 
        subsection shall be subject to the preparation of an 
        environmental assessment or environmental impact statement as 
        part of a review under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.). The choice of environmental 
        review document shall be within the discretion of the Secretary 
        of the Interior or the Secretary 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 section 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 governing 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 approval to the 
        President).
    ``(i) Exception for Emergency Designation.--
            ``(1) In general.--Subsection (e) shall not apply to the 
        designation under this section of a national monument of any 
        acreage amount if designation is made to prevent imminent and 
        irreparable harm to the object or objects of antiquity to be 
        protected 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 designated as a national 
        monument under this subsection--
                    ``(A) may only be so designated one time; and
                    ``(B) may not also be permanently designated as a 
                national monument under this section.
            ``(4) Rights and uses.--Land designated as a national 
        monument under this subsection shall remain subject to--
                    ``(A) valid existing rights; and
                    ``(B) uses allowed on the day before such 
                designation under an applicable Resource Management 
                Plan or Forest Plan.
    ``(j) Limitation on Presidential Authority To Reduce Size of 
Declared Monuments.--The President may--
            ``(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 governing 
                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 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--
            ``(1) keep records of all lobbying activity as defined 
        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 Agriculture for the purposes of 
        influencing the declaration of or adjustment to boundaries of 
        such monument, including a record of--
                    ``(A) identities and affiliations of petitioning 
                registered lobbyists;
                    ``(B) date of such lobbying activity;
                    ``(C) duration of all meetings between registered 
                lobbyists and the President or the Secretary of the 
                Interior or Secretary of Agriculture;
                    ``(D) topics of all meetings between registered 
                lobbyists and the President or the Secretary of the 
                Interior or Secretary of Agriculture; and
                    ``(E) requests by registered lobbyists or other 
                persons who made requests to the President or the 
                Secretary of the Interior or Secretary of Agriculture 
                pertaining to the declaration or modification of the 
                boundaries of a monument;
            ``(2) solicit from the chief executive or designee of 
        impacted governments information and advice regarding the 
        declaration or adjustment to boundaries of such monument;
            ``(3) produce a record of any significant economic, 
        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 monument 
        declaration or monument boundary adjustment;
            ``(4) designate any qualifying object as found in the 
        record under paragraph (3) as an object of antiquity, 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;
                    ``(E) mineral and other resource extraction; and
                    ``(F) other economic activity;
            ``(6) produce an evaluation of anticipated impacts to 
        protection, management, and use of objects designated as 
        ``objects of antiquity'' under paragraph (4) which would be 
        subject to protection under such monument declaration or 
        boundary adjustment;
            ``(7) compile and present to the Chair and Ranking Member 
        or the staff designees of the Senate Energy and Natural 
        Resources Committee and the House Committee on Natural 
        Resources a report which includes all information as produced 
        or received under paragraphs (1) through (6); and
            ``(8) establish and maintain an online portal on the 
        website of the Department of the Interior accessible by the 
        public that allows the public to view such report under 
        paragraph (7) after the presentation 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 
monument without the express written consent of the owners of that non-
federally owned property.
    ``(m) Effect of Declaration on Federal Funds.--No declaration under 
this section shall be construed to increase the amount of Federal funds 
that are authorized to be appropriated for any fiscal year.
    ``(n) Water Rights Associated With a Declaration.--Water rights 
associated with a declaration under this section--
            ``(1) may not be reserved expressly or by implication 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 `impacted 
        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 declared monument:
                    ``(A) County.
                    ``(B) City.
                    ``(C) Federally recognized Indian Tribe.
                    ``(D) State.
                    ``(E) State legislature.
            ``(3) Land.--The term `land' shall not include submerged 
        land or water.
            ``(4) Object or objects of antiquity.--
                    ``(A) The term `object or objects of antiquity' 
                means--
                            ``(i) relics;
                            ``(ii) artifacts;
                            ``(iii) human or animal skeletal remains;
                            ``(iv) fossils (other than fossil fuels); 
                        and
                            ``(v) certain buildings constructed before 
                        the date of the enactment of this subsection.
                    ``(B) The term `object or objects of antiquity' 
                does not include--
                            ``(i) natural geographic features; and
                            ``(ii) objects not made by humans, except 
                        fossils (other than fossil fuels) or human or 
                        animal skeletal remains.''.
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