[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Extensions of Remarks]
[Page 11574]
[From the U.S. Government Publishing Office, www.gpo.gov]




 THE NATIONAL MONUMENT DESIGNATION TRANSPARENCY AND ACCOUNTABILITY ACT 
                          OF 2010 (H.R. 5580)

                                 ______
                                 

                            HON. DEVIN NUNES

                             of california

                    in the house of representatives

                        Wednesday, June 23, 2010

  Mr. NUNES. Madam Speaker, I rise today upon the introduction of the 
National Monument Designation Transparency and Accountability Act of 
2010 which will ensure that any national monument designation is done 
on an informed basis and is accomplished through a transparent process 
fully involving Congress.
  Pursuant to the ``Property Clause'', Article IV, Section 3, Clause 2, 
of the United States Constitution, Congress has the expressed power to 
``make needful Rules and Regulations respecting the Territory and other 
Property belonging to the United States.'' Through the Antiquities Act 
of 1906 and other acts, Congress has delegated considerable land 
management authority to the President. For example, the Antiquities 
Act, which was enacted in response to thefts from and the destruction 
of archeological sites, allows the President to proclaim national 
monuments on Federal lands that ``contain historic landmarks, historic 
and prehistoric structures, and other objects of historic and 
scientific interest.''
  President Theodore Roosevelt first used the authority to create 
Devil's Tower in Wyoming. Today, there are 71 monuments covering 
approximately 136 million acres. While the Act has been used 
appropriately in some instances, it also has been abused.
  For example, President Clinton, asserting that Congress had not acted 
quickly enough, used his authority 22 times to proclaim 19 new 
monuments and to expand three others; with one exception, the monuments 
were designated in his last year of office. They also totaled 5.9 
million acres. Moreover, in the instance of the Giant Sequoia National 
Monument, they devastated the timber industry in Tulare County, 
California, and left an enduring legacy of double-digit unemployment 
and diminished communities.
  As a life-long resident of Tulare County, I saw, and in fact still 
see, the devastation caused by that stroke of the President's pen. I 
well understand the anger and frustration that many of my constituents 
felt when, with no meaningful opportunity to provide input on this 
momentous decision, their lives and communities were changed forever.
  Congress must not allow such abuses of the Antiquities Act to be 
repeated. Rather, if the Antiquities Act is going to remain law, it 
must be improved, particularly in the revelation that the current 
Administration might use the Act to designate monuments totaling as 
many as 13 million acres.
  The National Monument Designation Transparency and Accountability Act 
of 2010 would provide the necessary improvements. It would also provide 
much-needed transparency to what is currently an opaque process.
  It is important to point out that the bill preserve the right of the 
President to act quickly to protect national treasures that are under 
threat, but it ensures his or her actions are confirmed by Congress. 
Specifically, Congress would have two years to affirm the President's 
decision to protect the national treasure in perpetuity. This will 
restore the balance between executive decisions and public input.
  The bill would also require the President to provide notice and the 
actual language of the proposed designation to Congress, Governors, 
local governments, and tribes within the boundaries of the proposed 
monument. Additionally, it would require the Administration to provide 
notice of public hearings and allow opportunity for public comments. 
The President would then have to report to Congress on how the 
designation would impact local tax revenues, national energy security, 
land interests, rights, and uses.
  These reforms would ensure the Antiquities Act is used appropriately 
and in accordance with its original intent. Any monument decisions 
would be made with all the pertinent information available, with full 
public participation, and Congressional approval rather than in the 
dark of the night and at the behest of radical environmentalists.

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