[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 729 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 729

To ensure that Congress and the public have the right to participate in 
         the declaration of national monuments on Federal land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

   Mr. Craig (for himself, Mr. Murkowski, Mr. Lott, Mr. Stevens, Mr. 
 Burns, Mr. Smith of Oregon, Mr. Crapo, Mr. Shelby, Mr. Hagel, and Mr. 
   Bennett) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To ensure that Congress and the public have the right to participate in 
         the declaration of national monuments on Federal land.

    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 Public 
Participation Act of 1999''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that Congress and the public 
have the right and opportunity to participate in decisions to declare 
national monuments on Federal land.

SEC. 3. CLARIFICATION OF CONGRESSIONAL AND PUBLIC ROLES IN DECLARATION 
              OF NATIONAL MONUMENTS.

    The Act entitled ``An Act for the preservation of American 
antiquities'', approved June 8, 1906 (commonly known as the 
``Antiquities Act of 1906'') (16 U.S.C. 431 et seq.), is amended by 
adding at the end the following:

``SEC. 5. CONGRESSIONAL AND PUBLIC ROLES IN NATIONAL MONUMENT 
              DECLARATIONS.

    ``(a) In General.--The Secretary of the Interior and the Secretary 
of Agriculture shall promulgate regulations that establish procedures 
to ensure that Federal, State, and local governments and the public 
have the right to participate in the formulation of plans relating to 
the declaration of a national monument on Federal land on or after the 
date of enactment of this section, including procedures--
            ``(1) to provide the public with adequate notice and 
        opportunity to comment on and participate in the declaration of 
        a national monument on Federal land; and
            ``(2) for public hearings, when appropriate, on the 
        declaration of a national monument on Federal land.
    ``(b) Other Duties.--Prior to making any recommendations for 
declaration of a national monument in an area, the Secretary of the 
Interior and the Secretary of Agriculture shall--
            ``(1) ensure, to the maximum extent practicable, compliance 
        with all applicable Federal land management and environmental 
        laws, including the completion of a programmatic environmental 
        impact statement under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.);
            ``(2) cause mineral surveys to be conducted by the 
        Geological Survey to determine the mineral values, if any, that 
        may be present in the area;
            ``(3) cause an assessment of the surface resource values of 
        the land to be completed and made available by the appropriate 
        agencies;
            ``(4) identify all existing rights held on Federal land 
        contained within the area by type and acreage; and
            ``(5) identify all State and private land contained within 
        the area.
    ``(c) Recommendations.--On completion of the reviews and mineral 
surveys required under subsection (b), the Secretary of the Interior or 
the Secretary of Agriculture shall submit to the President 
recommendations as to whether any area on Federal land warrants 
declaration as a national monument.
    ``(d) Federal Action.--Any study or recommendation under this 
section shall be considered a federal action for purposes of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(e) Reports.--Not later than 2 years after the receipt of a 
recommendation under subsection (c), the President shall--
            ``(1) advise the President of the Senate and the Speaker of 
        the House of Representatives of the President's recommendation 
        with respect to whether each area evaluated should be declared 
        a national monument; and
            ``(2) provide a map and description of the boundaries of 
        each area evaluated for declaration to the President of the 
        Senate and the Speaker of the House of Representatives.
    ``(f) Declaration After Effective Date.--A recommendation of the 
President for declaration of a national monument that is made after the 
effective date of this section shall become effective only if the 
declaration is approved by Act of Congress.''.
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