[Congressional Record Volume 165, Number 24 (Thursday, February 7, 2019)]
[Senate]
[Page S1145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 161. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. 
Manchin) to the bill S. 47, to provide for the management of the 
natural resources of the United States, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. 24____. 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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