[Senate Report 106-250]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 477
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-250

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                        ANTIQUITIES ACT OF 1906

                                _______
                                

                 March 28, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1487]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1487) to provide for public 
participation in the declaration of national monuments under 
the Act popularly known as the Antiquities Act of 1906, having 
considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 1487 is to provide for public 
participation in the declaration of national monuments under 
the Act popularly known as the Antiquities Act of 1906.

                          Background and Need

    In 1906 Congress passed the Antiquities Act (16 U.S.C. 
431). The Act was designed to respond to an urgent need to 
protect the Nation's historic landmarks, historic and 
prehistoric structures and other objects of historic or 
scientific interest located on lands owned by the Government of 
the United States.
    Since 1906, 105 national monuments have been established by 
presidential proclamation. When established, these monuments 
comprised almost 63 million acres. Of the 105 monuments, 89 
(comprising approximately 7 million acres) were established 
before passage of either the National Environmental Policy Act 
of 1969, or the Federal Land Policy and Management Act of 1976. 
In December 1978, 15 additional monuments, covering 54 million 
acres, were established in Alaska. The most recent use of the 
Antiquities Act occurred in September 1996, when 1.7 million 
acres in southern Utah were designated as the Grand Staircase-
Escalante National Monument.
    Since the passage of the Antiquities Act in 1906 many laws 
have been enacted which provide for increased public 
participation in the management of federal lands. While the 
Antiquities Act confers presidential authority to designate new 
monuments, it contains no requirements for public participation 
prior to any such designation.
    H.R. 1487 amends the Antiquities Act to require the 
President to solicit public participation and comment in 
development of a monument declaration, and to consult with the 
Governor and congressional delegation within the affected State 
prior to declaration to the extent such public participation 
and congressional consultation is consistent with the 
protection of the resources to be included in the monument. The 
bill also requires that any management plan developed 
subsequent to a monument declaration be in compliance with the 
procedural requirements of the National Environmental Policy 
Act of 1969.
    While H.R. 1487 does not diminish the authority of the 
President to protect public lands and resources, it provides 
for increased public participation and in the designation of 
national monuments, consistent with other recent laws 
pertaining to the management of public lands.

                          Legislative History

    H.R. 1487 was introduced on April 22, 1999, by Congressman 
Hansen. An amended version of the bill passed the House of 
Representatives on September 24, 1999 by a vote of 408to 2 and 
was referred to the Senate Committee on Energy and Natural Resources on 
September 27, 1999. On July 20, 1999, the Subcommittee on Forests and 
Public Land Management held a hearing on a related Senate measure, S. 
729, introduced by Senator Craig and others. At its business meeting on 
October 20, 1999, the Committee on Energy and Natural Resources ordered 
H.R. 1487 reported favorably without amendment.

           Committee Recommendations and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 20, 1999, by a majority vote 
of a quorum present recommends that the Senate pass H.R. 1487 
without amendment.
    The rollcall vote on reporting the measure was 12 yeas, 8 
nays as follows:
         YEAS                         NAYS
Mr. Murkowski                       Mr. Domenici
Mr. Nickles                         Mr. Craig
Mr. Gorton                          Mr. Campbell \1\
Mr. Bingaman                        Mr. Thomas
Mr. Akaka                           Mr. Smith \1\
Mr. Dorgan                          Mr. Bunning
Mr. Graham \1\                      Mr. Fitzgerald
Mr. Wyden \1\                       Mr. Burns
Mr. Johnson
Ms. Landrieu
Mr. Bayh \1\
Mrs. Lincoln

    \1\ Indicates vote by proxy.

                      Section-by-Section Analysis

    Section 1 amends section 2 of the Act of June 8, 1906, 
popularly known as the Antiquities Act to require the 
President, to the extend consistent with the protection of the 
resources to be designated, to:
          (1) Solicit public participation and comment in the 
        development of a monument declaration, and
          (2) To consult with the Governor and congressional 
        delegation of the State or territory in which the 
        movement will be located at least 60 days prior to the 
        declaration of such monument.
          (3) Before issuing a monument declaration the 
        President must consider information available in 
        existing management plans, including any public 
        comments, that may have been offered.
    Subsection 2(c) as amended, requires that any management 
plan that is developed for a national monument after its 
declaration shall comply with the procedural requirements of 
the National Environmental Policy Act of 1969.
    Section 2 states that nothing in this Act or any amendment 
made by this Act should be construed to enlarge, diminish or 
modify the authority of the President to protect public land 
and resources.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 2, 1999.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1487, an act to 
provide for public participation in the declaration of national 
monuments under the act popularly known as the Antiquities Act 
of 1906.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1487--An act to provide for public participation in the 
        declaration of national monuments under the act popularly known 
        as the Antiquities Act of 1906

    The Antiquities Act of 1906 authorizes the President to 
declare landmarks, structures, and other objects of historic or 
scientific interest that are on federal land to be national 
monuments. H.R. 1487 would amend this act to require that the 
President solicit public participation and comment and consider 
information available from existing management plans and 
programs in the development of national monument declarations. 
H.R. 1487 also would require that future management plans for 
national monuments developed subsequent to a declaration made 
under H.R. 1487 comply with the procedural requirements of the 
National Environmental Policy Act of 1969.
    CBO estimates that implementing this legislation would not 
have a significant impact on the federal budget. The act would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. H.R. 1487 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    On July 16, 1999, CBO transmitted a cost estimate for H.R. 
1487, as ordered reported by the House Committee on Resources 
on June 30, 1999. The two versions of the legislation are 
similar, and the cost estimates are the identical.
    The CBO staff contact is Megan Carroll. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1487.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1487, as ordered reported.

                        Executive Communications

    Prior to the consideration of H.R. 1487 on the House floor, 
the Administration issued the following Statement of 
Administrative Policy on H.R. 1487:

                   Statement of Administration Policy

    (This statement has been coordinated by OMB with the concerned 
                               agencies)

H.R. 1487--Antiquities Act Amendments (Hansen (R) UT and 10 cosponsors)
    The Administration strongly opposes H.R. 1487, as reported 
by the Committee on Resources, because the bill represents an 
unwarranted incursion upon established presidential authority 
to protect significant natural, prehistorical, historical, and 
scientific resources on federal lands. If H.R. 1487 is 
presented to the President, his senior advisers will recommend 
that he veto the bill.
    The Antiquities Act of 1906 authorizes the President, at 
his discretion, to declare federal lands to be national 
monuments. Over the course of this century, every President but 
three has employed this authority to protect sites across this 
country--from the Statue of Liberty, New York, to the coastal 
redwood stands of Muir Woods, California--that now are 
acknowledged to be the Nation's most treasured places. 
Historically, Presidents have invoked the Act's authorities to 
protect areas that faced imminent threat. While some of these 
declarations have stirred local opposition--notably President 
Theodore Roosevelt's declaration of the Grand Canyon National 
Monument, Arizona--and others have caused Congress to consider 
amending the 1906 Act--such as President Franklin Roosevelt's 
declaration of Jackson Hole National Monument, Wyoming, now 
part of Grant Teton National Park--history soundly refutes any 
suggestion that this unique presidential authority has been 
abused.
    H.R. 1487 would impose procedural and notification 
requirements and other limitations that would undermine the 
President's authority to move decisively to protect and 
preserve the Nation's treasures for future generations. Any 
diminutions of the President's authority would be contrary to 
the Act's spirit and protective purposes.

   MINORITY VIEWS OF SENATORS LARRY E. CRAIG, PETE V. DOMENICI, BEN 
   NIGHTHORSE CAMPBELL, CRAIG THOMAS, GORDON SMITH, AND CONRAD BURNS

    The designation of National Monuments under the Antiquities 
Act of 1906 impacts the lives of numerous people--both those 
who live adjacent to these areas and those who are located in 
other geographic areas. It is because of such impacts that we 
feel it is appropriate to look closely at the use of the 
Antiquities Act on our federal lands.
    H.R. 1487 takes a step in the right direction allowing 
public participation in the designation of a monument; However, 
we do not feel it goes far enough in ensuring such 
participation take place at a time in the process when comments 
from the public will be considered prior to such designation by 
the President.
    We feel that legislation changing the Act of 1906 must 
allow for public and Congressional involvement beyond that of 
``consultations'' prior to the designation for monument. To 
simply require that the National Environmental Policy Act of 
1969 be applied to the development of a management plan for a 
designated monument rather than the underlying action of 
monument designation is closing the barn door after the horses 
have gotten out. We feel that Congress and the public must be 
involved prior to the opening the barn door, prior to the 
designation decision being made, and thus must respectfully 
dissent with H.R. 1487.

                                   Larry E. Craig.
                                   Pete V. Domenici.
                                   Ben Nighthorse Campbell.
                                   Craig Thomas.
                                   Gordon Smith.
                                   Conrad Burns.

                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill H.R. 1487 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

     Section 2 of the Act of June 8, 1906 (Popularly Known as the 
                        Antiquities Act of 1906)

CHAP. 3060.--An Act for the preservation of American antiquities.

           *       *       *       *       *       *       *


    [Sec.2. That the] Sec. 2 (a) The President of the United 
States is hereby authorized, in his discretion, to declare by 
public proclamation historic landmarks, historic and 
prehistoric structures, and other objects of historic or 
scientific interest that are situated upon the lands owned or 
controlled by the Government of the United States to be 
national monuments, and may reserve as a part there-of parcels 
of land, the limits of which in all cases shall be confined to 
the smallest area compatible with the proper care and 
management of the objects to be protected: Provided, That when 
such objects are situated upon a tract covered by a bona fide 
unperfected claim or held in private ownership, the tract, or 
so much thereof as may be necessary for the proper care and 
management of the object, may be relinquished to the 
Government, and the Secretary of the Interior is hereby 
authorized to accept the relinquishment of such tracts in 
behalf of the Government of the United States.
    (b)(1) To the extent consistent with the protection of the 
historic landmarks, historic and prehistoric structures, and 
other objects of historic or scientific interest located on the 
public lands to be designated, the President shall--
          (A) solicit public participation and comment in the 
        development of a monument declaration; and
          (B) consult with the Governor and congressional 
        delegation of the State or territory in which such 
        lands are located, to the ex-tent practicable, at least 
        60 days prior to any national monument declaration.
    (2) Before issuing a declaration under this section, the 
President shall consider any information made available in the 
development of existing plans and programs for the management 
of the lands in question, including such public comments as may 
have been offered.
    (c) Any management plan for a national monument developed 
subsequent to a declaration made under this section shall 
comply with the procedural requirements of the National 
Environmental Policy Act of 1969.