Ensuring Public Involvement in the Creation of National Monuments Act

Bill: 113-hr-1459
Sponsor: full_name: Rep. Bishop, Rob [R-UT-1]
Introduced: 2013-04-10
Policy area: Public Lands and Natural Resources
Subjects: Congressional oversight

Environmental assessment, monitoring, research

Government studies and investigations

Land use and conservation

Monuments and memorials

Parks, recreation areas, trails

Presidents and presidential powers, Vice Presidents

Property rights
Latest action: action_date: 2014-03-27
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2013-04-10
action_desc: Introduced in House
text: <p>Ensuring Public Involvement in the Creation of National Monuments Act - Amends the Antiquities Act of 1906 to subject national monument declarations by the President to the National Environmental Policy Act of 1969 (NEPA). </p> <p>Prohibits: (1) the President from making more than one such declaration in a state during any presidential four-year term of office without an express Act of Congress, or (2) such a declaration from including private property without the informed written consent of the affected private property owner.</p> <p>Requires such a declaration: (1) to be considered a major federal action under NEPA if it affects more than 5,000 acres; (2) to be categorically excluded under NEPA and to 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 (3) to be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of federal and state revenue.</p>

action_date: 2013-09-20
action_desc: Reported to House without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary of that version is repeated here.)</b></p> <p>Ensuring Public Involvement in the Creation of National Monuments Act - Amends the Antiquities Act of 1906 to subject national monument declarations by the President to the National Environmental Policy Act of 1969 (NEPA). </p> <p>Prohibits: (1) the President from making more than one such declaration in a state during any presidential four-year term of office without an express Act of Congress, or (2) such a declaration from including private property without the informed written consent of the affected private property owner.</p> <p>Requires such a declaration: (1) to be considered a major federal action under NEPA if it affects more than 5,000 acres; (2) to be categorically excluded under NEPA and to 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 (3) to be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of federal and state revenue.</p>

action_date: 2014-03-26
action_desc: Passed House amended
text: <p>Ensuring Public Involvement in the Creation of National Monuments Act - Amends the Antiquities Act of 1906 to subject national monument declarations by the President to the National Environmental Policy Act of 1969 (NEPA). </p> <p>Prohibits: (1) the President from making more than one such declaration in a state during any presidential four-year term of office without an express Act of Congress, or (2) such a declaration from including private property without the informed written consent of the affected private property owner.</p> <p>Requires such a declaration: (1) to be considered a major federal action under NEPA, except if it affects 5,000 acres or less; (2) to be categorically excluded under NEPA and to 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 (3) to be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of federal and state revenue, and the benefits associated with managing the monument in perpetuity.</p> <p> Allows a declaration to become permanent if: (1) it is specifically designated as a monument by federal statute, or (2) the President follows the review process under NEPA.</p> <p>Prohibits this Act from being construed to increase the amount of funds that are authorized to be appropriated.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 1459 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 Resources A BILL To ensure that the National Environmental Policy Act of 1969 applies to the declaration of national monuments, and for other purposes.

1. Short title This Act may be cited as the Ensuring Public Involvement in the Creation of National Monuments Act . 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 inserting the following: (a) That the President ; (2) by striking discretion, to declare and inserting discretion, subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), to declare ; (3) by inserting before the final period the following . 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— (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 National 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 includes an estimate of the costs associated with managing 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. .

tv_txt: IB Union Calendar No. 161 113th CONGRESS 1st Session H. R. 1459 [Report No. 113–221] 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 Resources September 20, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To ensure that the National Environmental Policy Act of 1969 applies to the declaration of national monuments, and for other purposes.

1. Short title This Act may be cited as the Ensuring Public Involvement in the Creation of National Monuments Act . 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 inserting the following: (a) That the President ; (2) by striking discretion, to declare and inserting discretion, subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), to declare ; (3) by inserting before the final period the following . 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— (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 National 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 includes an estimate of the costs associated with managing 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. .

September 20, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IB 113th CONGRESS 2d Session H. R. 1459 IN THE HOUSE OF REPRESENTATIVES AN ACT To ensure that the National Environmental Policy Act of 1969 applies to the declaration of national monuments, and for other purposes.

1. Short title This Act may be cited as the Ensuring Public Involvement in the Creation of National Monuments Act . 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 inserting the following: (a) That the President ; (2) by striking discretion, to declare and inserting discretion, subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), to declare ; (3) by inserting before the final period the following . 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— (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. ), except if it affects 5,000 acres or less, in which case— (A) the declaration shall be categorically excluded from the National Environmental Policy Act of 1969; (B) the declaration shall expire three years after the date of the declaration; and (C) the declaration may become permanent if— (i) specifically designated as a monument by Federal statute; or (ii) the President follows the review process under the National Environmental Policy Act of 1969; and (3) be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of Federal and State revenue, and the benefits associated with managing the monument in perpetuity, including jobs created and tourism dollars associated with managing the monument, 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. . 3. Use of existing funds This Act shall not be construed to increase the amount of funds that are authorized to be appropriated for any fiscal year.

Passed the House of Representatives March 26, 2014. Karen L. Haas, Clerk.

tv_txt: IIB 113th CONGRESS 2d Session H. R. 1459 IN THE SENATE OF THE UNITED STATES March 27, 2014 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To ensure that the National Environmental Policy Act of 1969 applies to the declaration of national monuments, and for other purposes.

1. Short title This Act may be cited as the Ensuring Public Involvement in the Creation of National Monuments Act . 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 inserting the following: (a) That the President ; (2) by striking discretion, to declare and inserting discretion, subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), to declare ; (3) by inserting before the final period the following . 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— (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. ), except if it affects 5,000 acres or less, in which case— (A) the declaration shall be categorically excluded from the National Environmental Policy Act of 1969; (B) the declaration shall expire three years after the date of the declaration; and (C) the declaration may become permanent if— (i) specifically designated as a monument by Federal statute; or (ii) the President follows the review process under the National Environmental Policy Act of 1969; and (3) be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of Federal and State revenue, and the benefits associated with managing the monument in perpetuity, including jobs created and tourism dollars associated with managing the monument, 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. . 3. Use of existing funds This Act shall not be construed to increase the amount of funds that are authorized to be appropriated for any fiscal year.

Passed the House of Representatives March 26, 2014. Karen L. Haas, Clerk