[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5580 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5580

  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

                             June 23, 2010

     Mr. Nunes (for himself, Mr. Simpson, Mr. Bishop of Utah, Mr. 
   McClintock, Mr. McKeon, Mr. Herger, Mr. Rehberg, Mr. Walden, Mr. 
   Lamborn, and Mr. Hunter) introduced the following 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 Representatives 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 of 2010''.

SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.

    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 inserting ``(a) 
        In General.--Subject to the requirements of this section, the 
        President''; and
            (2) in subsection (a) (as so designated)--
                    (A) by striking ``compatible with'' and inserting 
                ``essential to ensure''; and
                    (B) by striking ``Provided, That when'' and 
                inserting ``When''.

SEC. 3. NATIONAL MONUMENT DESIGNATION PROCEDURES.

    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 Procedures.--
            ``(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 each unit 
        of local government, and the governing entity 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 proclamation under 
                        subsection (a), the Secretary of the Interior 
                        shall hold not fewer than one public hearing 
                        within a county (or comparable 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.
                            ``(iii) Availability of record.--The 
                        Secretary of the Interior shall promptly 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 components of the record that 
                        are completed before the entire record is 
                        finalized are made available upon their 
                        completion.
                            ``(iv) Waiver.--The Secretary of the 
                        Interior may decline to hold a public hearing 
                        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 requirement.--Not 
                later than 30 days after the date on which the 
                President issues a proclamation under subsection (a), 
                the Secretary of the Interior shall initiate a notice 
                and comment period to receive comments from the public 
                regarding the proclamation.
                    ``(C) Report.--
                            ``(i) Contents.--Not later than one year 
                        after issuing a proclamation to designate a 
                        national monument under subsection (a), the 
                        President shall submit to Congress a report 
                        containing the following:
                                    ``(I) An analysis of the economic 
                                impact of the designation on the 
                                communities 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 
                                Nation'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 of 
                                land within the boundaries of the 
                                monument, including water rights, 
                                hunting, grazing, timber production, 
                                vegetation manipulation 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 received 
                                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 ensure 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.
                    ``(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 proclamation.--
                    ``(A) Approval required.--A proclamation 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 approval.--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 interests, rights, 
                or uses associated with the parcels of land designated 
                as a national monument, including water rights, 
                hunting, grazing, timber production, vegetation 
                manipulation to maintain forest health, off-road 
                vehicle use, hiking, horseback riding, and mineral and 
                energy leases, claims, and permits, is narrowly 
                tailored and essential to the proper care and 
                management of the objects to be protected.
                    ``(C) Effect of nonapproval.--If Congress does not 
                approve a proclamation to designate a national monument 
                under subparagraph (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 subparagraph (A).
                    ``(D) Prohibition on repeat proclamations.--The 
                President may not issue a proclamation that is 
                substantially similar to a proclamation previously 
                issued under subsection (a) that Congress has not 
                approved under subparagraph (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:
    ``(c) Limitation on Restrictions.--The President shall ensure that 
any restriction placed on land and interests, 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.''.
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