[House Report 115-1081]
[From the U.S. Government Publishing Office]


115th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      115-1081

======================================================================



 
             NATIONAL MONUMENT CREATION AND PROTECTION ACT

                                _______
                                

 December 19, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3990]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3990) to amend title 54, United States Code, to 
reform the Antiquities Act of 1906, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Monument Creation and 
Protection Act'' or the ``National Monument CAP Act''.

SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE OBJECTS.

  Section 320301 of title 54, United States Code, is amended--
          (1) in subsection (a), by striking ``historic landmarks, 
        historic and prehistoric structures, and other objects of 
        historic or scientific interest'' and inserting ``object or 
        objects of antiquity'';
          (2) in subsection (b), by striking ``confined to the smallest 
        area compatible with the proper care and management of the 
        objects to be protected'' and inserting ``in accordance with 
        the limitations outlined in subsections (e), (f), (g), and 
        (h)''; and
          (3) by adding at the end the following:
  ``(e) Limitation on Size of National Monuments.--Except as provided 
by subsections (f), (g), and (h), after the date of the enactment of 
this subsection, land may not be declared under this section in a 
configuration that would create a national monument--
          ``(1) that is more than 640 acres; and
          ``(2) whose exterior boundary is less than 50 miles from the 
        closest exterior boundary of another national monument declared 
        under this section.
  ``(f) Exception for Monuments of Less Than 5,000 Acres.--Subsection 
(e) shall not apply to the designation of a national monument under 
this section if the national monument so designated--
          ``(1) would be less than 5,000 acres;
          ``(2) would have all exterior boundaries 50 miles or more 
        from the closest exterior boundary of another national monument 
        declared under this section; and
          ``(3) has been reviewed under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of 
        the Interior or the Secretary of Agriculture, as appropriate.
  ``(g) Exception for Monuments of 5,000 Acres and up to 10,000 
Acres.--
          ``(1) In general.--Subsection (e) shall not apply to the 
        designation of a national monument under this section if the 
        national monument so designated--
                  ``(A) would be at least 5,000 acres but not more than 
                10,000 acres; and
                  ``(B) would have all exterior boundaries 50 miles or 
                more from the closest exterior boundary of another 
                national monument declaration under this section.
          ``(2) Other requirement.--A monument described in this 
        subsection shall be subject to the preparation of an 
        environmental assessment or environmental impact statement as 
        part of a review under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.). The choice of environmental 
        review document shall be within the discretion of the Secretary 
        of the Interior or the Secretary of Agriculture, as 
        appropriate.
  ``(h) Exception for Monuments 10,000 Acres and up to 85,000 Acres.--
Subsection (e) shall not apply to the designation of a national 
monument under this section if the national monument so designated--
          ``(1) would be at least 10,000 acres but not more than 85,000 
        acres;
          ``(2) would have all exterior boundaries 50 miles or more 
        from the closest exterior boundary of another national monument 
        declaration under this section; and
          ``(3) has been approved by the elected governing body of each 
        county (or county equivalent), the legislature of each State, 
        and the Governor of each State within whose boundaries the 
        national monument will be located (and the Governor of each 
        such State has transmitted a copy of each such approval to the 
        President).
  ``(i) Exception for Emergency Designation.--
          ``(1) In general.--Subsection (e) shall not apply to the 
        designation under this section of a national monument of any 
        acreage amount if designation is made to prevent imminent and 
        irreparable harm to the object or objects of antiquity to be 
        protected by the designation.
          ``(2) One year limitation.--A national monument designation 
        under this subsection shall terminate on the date that is one 
        calendar year after the date of the designation.
          ``(3) One time designation.--Land designated as a national 
        monument under this subsection--
                  ``(A) may only be so designated one time; and
                  ``(B) may not also be permanently designated as a 
                national monument under this section.
          ``(4) Rights and uses.--Land designated as a national 
        monument under this subsection shall remain subject to--
                  ``(A) valid existing rights; and
                  ``(B) uses allowed on the day before such designation 
                under an applicable Resource Management Plan or Forest 
                Plan.
  ``(j) Presidential Authority To Reduce Size of Declared Monuments.--
The President may--
          ``(1) reduce the size of any national monument declared under 
        this section by 85,000 acres or less; or
          ``(2) reduce the size of any national monument declared under 
        this section by more than 85,000 acres only if the reduction--
                  ``(A) has been approved by the elected governing body 
                of each county (or county equivalent), the legislature 
                of each State, and the Governor of each State within 
                whose boundaries the national monument will be located 
                (and the Governor of each such State has transmitted a 
                copy of each such approval to the President); and
                  ``(B) has been reviewed under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) by the Secretary of the Interior or the Secretary 
                of Agriculture, as appropriate.
  ``(k) Non-Federally Owned Property.--After the date of the enactment 
of this subsection, land may not be declared as a national monument 
under this section in a configuration that would place non-federally 
owned property within the exterior boundaries of the national monument 
without the express written consent of the owners of that non-federally 
owned property.
  ``(l) Effect of Declaration on Federal Funds.--No declaration under 
this section shall be construed to increase the amount of Federal funds 
that are authorized to be appropriated for any fiscal year.
  ``(m) Water Rights Associated With a Declaration.--Water rights 
associated with a declaration under this section--
          ``(1) may not be reserved expressly or by implication by a 
        declaration under this section; and
          ``(2) may be acquired for a declaration under this section 
        only in accordance with the laws of the State in which the 
        water rights are based.
  ``(n) Definitions.--For the purposes of this section:
          ``(1) Declaration; declared.--The terms `declaration' and 
        `declared' shall only include the creation or expansion of a 
        national monument under this section.
          ``(2) Land.--The term `land' shall not include submerged land 
        or water.
          ``(3) Object or objects of antiquity.--
                  ``(A) The term `object or objects of antiquity' 
                means--
                          ``(i) relics;
                          ``(ii) artifacts;
                          ``(iii) human or animal skeletal remains;
                          ``(iv) fossils (other than fossil fuels); and
                          ``(v) certain buildings constructed before 
                        the date of the enactment of this subsection.
                  ``(B) The term `object or objects of antiquity' does 
                not include--
                          ``(i) natural geographic features; and
                          ``(ii) objects not made by humans, except 
                        fossils (other than fossil fuels) or human or 
                        animal skeletal remains.''.

                          Purpose of the Bill

    The purpose of H.R. 3990 is to amend title 54, United 
States Code, to reform the Antiquities Act of 1906.

                  Background and Need for Legislation

    At the beginning of the 20th century, vandals began looting 
sacred Native American burial grounds and archeological sites 
throughout the U.S. territories of the Southwest. The 
destruction of archeological artifacts prompted Congress to 
enact the Antiquities Act of 1906, which authorized the 
President to designate national monuments on federal lands 
containing ``historic landmarks, historic and prehistoric 
structures, or other objects of historic or scientific 
interest.''\1\ The law also specified that national monuments 
were ``to be confined to the smallest area compatible with 
proper care and management of the objects to be protected.''\2\ 
Furthermore, the President could only designate national 
monuments ``upon the lands owned or controlled by the 
Government of the United States.''\3\
---------------------------------------------------------------------------
    \1\Public Law 59-209; 34 Stat. 225; 54 U.S.C. 320301 et seq.
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    The Antiquities Act granted Presidents the flexibility to 
quickly protect small Native American sites in imminent danger 
of looting and destruction.\4\ President Theodore Roosevelt 
designated the first National Monument, Devil's Tower, in 
1906.\5\ Since that time, Presidents have broadly interpreted 
the Antiquities Act to expand both the size and justifications 
for national monument designations, despite its clear language 
and legislative history plainly reflecting Congress' intent to 
limit the scope of the designations.\6\
---------------------------------------------------------------------------
    \4\Benderson, Judith. ``The Archaeological Resources Protection Act 
and the native American Graves Protection and Repatriation Act.'' 
Offices of the United States Attorneys. https://www.justice.gov/usao/
priotity-areas/indian-country/native-american-artifacts.
    \5\https://www.nps.gov/archeology/sites/antiquities/
monumentslist.htm.
    \6\In their discussions of the bill that became the Antiquities Act 
of 1906, Congressmen Lacey and Stephens debated whether Presidents 
would eventually abuse the Act. Congressman Lacey, the bill's sponsor, 
reassured that the bill provides that monuments ``shall be the smallest 
area necesstry [sic] for the care and maintenance of the objects to be 
preserved'', Congressional Record 1906, https://coast.noaa.gov/data/
Documents/OceanLawSearch/Congressional%20Record--
House%20&%20Senate%201906.pdf?redirect=301ocm.
---------------------------------------------------------------------------
    Presidents have used their authority under the Antiquities 
Act more than 230 times to establish and enlarge 158 National 
Monuments totaling over 840 million acres-roughly 10 times the 
size of the National Park System.\7\ The monuments sites have 
ranged from approximately 1 acre to 283 million acres.\8\ 
President Obama exercised Antiquities Act authority more than 
any other president, issuing 34 national monument declarations 
covering more than 553 million acres of land. Presidents have 
also used their authority to reduce the size of national 
monuments, most recently President Trump.\9\
---------------------------------------------------------------------------
    \7\Information provided by the Congressional Research Service.
    \8\http://www.crs.gov/Reports/
R41330?source=search&guid=c64c8af27d3d4ccd80ffae04a033 e0f3&index=2.
    \9\Id.
---------------------------------------------------------------------------
    Although the National Park Service administers most of the 
monuments, in recent decades national monuments have been 
placed under the management of the Bureau of Land Management, 
the U.S. Forest Service, the U.S. Fish and Wildlife Service and 
the National Oceanic and Atmospheric Administration.\10\ 
Congress also has established 45 national monuments by law, 
including Appomattox (1940), Badlands (1939) and Biscayne 
(1968).\11\
---------------------------------------------------------------------------
    \10\https://www.nps.gov/archeology/sites/antiquities/
monumentslist.htm.
    \11\https://www.nps.gov/archeology/sites/antiquities/
monumentslist.htm; https://www.nps.gov/apco/mclean-house.htm; https://
moon.com/2016/07/history-badlands-national-park/; https://www.nps.gov/
bisc/learn/historyculture/the-birth-of-biscayne-national-park.htm.
---------------------------------------------------------------------------
    In its 112-year history, the Antiquities Act has only been 
amended twice-both times to enact statutory restrictions on the 
President's authority to declare national monuments. The first, 
passed in 1950, prohibited the designation of monuments in 
Wyoming. The second, passed in 1986, requires prior 
Congressional approval of executive land withdrawals in Alaska 
greater than 5,000 acres. These actions followed controversial 
declarations of the Jackson Hole National Monument by President 
Franklin Roosevelt and President Jimmy Carter's establishment 
of several national monuments in Alaska.\12\
---------------------------------------------------------------------------
    \12\Carol Hardy Vincent, ``National Monuments and the Antiquities 
Act), Congressional Research Service (2017), page 1.
---------------------------------------------------------------------------
    The Antiquities Act predates the establishment of five 
states (including New Mexico and Arizona), the establishment of 
the National Park Service, and the creation of major 
environmental and archeological resources protection laws. 
These include the organic act for the National Park System 
(1916), the Archeological and Historic Preservation Act (1974), 
Archeological Resources Protection Act (1979), National 
Historic Preservation Act (1966), Native American Graves 
Protection and Repatriation Act (1990), the National Stolen 
Property Act (1948), the Historic Sites Act (1935), the 
Reservoir Salvage Act (1980), Abandoned Shipwreck Act (1987), 
National Historic Lighthouse Preservation Act (1980), Federal 
Land Policy and Management Act (1976) and National 
Environmental Policy Act (1969). In many cases, enactment of 
these more modern authorities renders the protections of the 
Antiquities Act outdated.
    H.R. 3990 restores Congress' original intent for the 
Antiquities Act of 1906 while modernizing it for the 21st 
century. The comprehensive reform legislation includes 
provisions to protect endangered antiquities, prevent abuse of 
executive authority and the designation of excessive national 
monuments, and empowers local communities. These reforms 
balance the protection of archeological resources with the 
elimination of egregious Executive Branch overreach.
    As ordered reported, the bill retains Presidential 
authority to designate national monuments up to 640 acres, 
allowing the President to rapidly protect objects of antiquity 
in imminent danger, restoring the original focus of the 
Antiquities Act. This limited authority cannot be used to 
create multiple small monuments in the same locale, however. 
New monument designations between 640 and 10,000 acres will now 
require environmental review under the National Environmental 
Policy Act prior to being finalized.
    The bill also empowers State and local voices by requiring 
approval by all county commissions, State legislatures, and 
governors impacted by a proposed national monument for any 
monument designation between 10,000 and 85,000 acres. Any 
monument designation greater than 85,000 acres would require an 
act of Congress. The bill also creates new Presidential 
authority to create ``emergency'' national monuments for up to 
one year, to protect areas of any size in times of emergency, 
as determined by the President. However, lands so declared may 
not be permanently designated a national monument in the 
future.
    The bill also clarifies Presidential authority to reduce 
national monuments, requiring reductions of more than 85,000 
acres be approved by all affected counties, State legislatures 
and governors and also be subject to environmental review under 
the National Environmental Policy Act.
    The bill also gives much needed clarification to the 
definition of ``antiquities'', returning the Act to its 
original focus of protecting specific objects of archeological 
value such as Native American burial remains. This will 
prohibit future marine national monuments and sprawling land-
based national monuments with no archeological or historic 
features in need of protection. The bill does not affect the 
protection of these sites under other laws.

                            Committee Action

    H.R. 3990 was introduced on October 6, 2017, by Congressman 
Rob Bishop (R-UT). The bill was referred to the Committee on 
Natural Resources. On October 11, 2017, the Natural Resources 
Committee met to consider the bill. Congressman Rob Bishop 
offered an amendment in the nature of a substitute designated 
036. It was adopted by voice vote. The bill, as amended, was 
ordered favorably reported to the House of Representatives by a 
roll call vote of 23 ayes and 17 noes, as follows:


            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Compliance With House Rule XIII and 
                        Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 8, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3990, the National 
Monument Creation and Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 3990--National Monument Creation and Protection Act

    Under current law, the President can declare areas of 
historic or scientific interest located on federally owned or 
managed lands as national monuments to be preserved 
permanently. H.R. 3990 would modify the President's authority 
to designate national monuments and provide the President with 
the authority to reduce the acreage of existing national 
monuments. Under the bill, monument designations for areas 
larger than 85,000 acres would require an act of the Congress 
to be established.
    H.R. 3990 also would subject certain monument designations 
and reductions to review under the National Environmental 
Policy Act of 1969 (NEPA). CBO expects that the Department of 
the Interior and the Forest Service would incur administrative 
costs associated with NEPA reviews, However, CBO cannot 
estimate those costs because of uncertainty about whether or 
when executive action to establish or modify a national 
monument would occur. Any such spending would be subject to the 
availability of appropriated funds.
    Enacting H.R. 3990 could affect direct spending; therefore, 
pay-as-you-go procedures apply. Reducing the size of an 
existing national monument would return the affected lands to 
the status they held before a national monument was 
established. That earlier status may have permitted mining, 
logging, or other resource extraction activities that generate 
offsetting receipts, which are treated as reductions in direct 
spending. However, CBO cannot estimate the direct spending 
effects of H.R. 3990 because the potential for existing 
national monument lands to be used for resource extraction is 
unknown as is whether any future executive action would reduce 
the size of an existing monument. Enacting H.R. 3990 would not 
affect revenues.
    CBO estimates that enacting H.R. 3990 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 3990 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved by H. Samuel Papenfuss, 
Deputy Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend title 54, United States 
Code, to reform the Antiquities Act of 1906.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 54, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE III--NATIONAL PRESERVATION PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 3203--MONUMENTS, RUINS, SITES, AND OBJECTS OF ANTIQUITY

           *       *       *       *       *       *       *



Sec. 320301. National monuments

  (a) Presidential Declaration.--The President may, in the 
President's discretion, declare by public proclamation 
[historic landmarks, historic and prehistoric structures, and 
other objects of historic or scientific interest] object or 
objects of antiquity that are situated on land owned or 
controlled by the Federal Government to be national monuments.
  (b) Reservation of Land.--The President may reserve parcels 
of land as a part of the national monuments. The limits of the 
parcels shall be [confined to the smallest area compatible with 
the proper care and management of the objects to be protected] 
in accordance with the limitations outlined in subsections (e), 
(f), (g), and (h).
  (c) Relinquishment to Federal Government.--When an object is 
situated on a parcel covered by a bona fide unperfected claim 
or held in private ownership, the parcel, or so much of the 
parcel as may be necessary for the proper care and management 
of the object, may be relinquished to the Federal Government 
and the Secretary may accept the relinquishment of the parcel 
on behalf of the Federal Government.
  (d) Limitation on Extension or Establishment of National 
Monuments in Wyoming.--No extension or establishment of 
national monuments in Wyoming may be undertaken except by 
express authorization of Congress.
  (e) Limitation on Size of National Monuments.--Except as 
provided by subsections (f), (g), and (h), after the date of 
the enactment of this subsection, land may not be declared 
under this section in a configuration that would create a 
national monument--
          (1) that is more than 640 acres; and
          (2) whose exterior boundary is less than 50 miles 
        from the closest exterior boundary of another national 
        monument declared under this section.
  (f) Exception for Monuments of Less Than 5,000 Acres.--
Subsection (e) shall not apply to the designation of a national 
monument under this section if the national monument so 
designated--
          (1) would be less than 5,000 acres;
          (2) would have all exterior boundaries 50 miles or 
        more from the closest exterior boundary of another 
        national monument declared under this section; and
          (3) has been reviewed under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) by the Secretary of the Interior or the Secretary 
        of Agriculture, as appropriate.
  (g) Exception for Monuments of 5,000 Acres and up to 10,000 
Acres.--
          (1) In general.--Subsection (e) shall not apply to 
        the designation of a national monument under this 
        section if the national monument so designated--
                  (A) would be at least 5,000 acres but not 
                more than 10,000 acres; and
                  (B) would have all exterior boundaries 50 
                miles or more from the closest exterior 
                boundary of another national monument 
                declaration under this section.
          (2) Other requirement.--A monument described in this 
        subsection shall be subject to the preparation of an 
        environmental assessment or environmental impact 
        statement as part of a review under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). The choice of environmental review document 
        shall be within the discretion of the Secretary of the 
        Interior or the Secretary of Agriculture, as 
        appropriate.
  (h) Exception for Monuments 10,000 Acres and up to 85,000 
Acres.--Subsection (e) shall not apply to the designation of a 
national monument under this section if the national monument 
so designated--
          (1) would be at least 10,000 acres but not more than 
        85,000 acres;
          (2) would have all exterior boundaries 50 miles or 
        more from the closest exterior boundary of another 
        national monument declaration under this section; and
          (3) has been approved by the elected governing body 
        of each county (or county equivalent), the legislature 
        of each State, and the Governor of each State within 
        whose boundaries the national monument will be located 
        (and the Governor of each such State has transmitted a 
        copy of each such approval to the President).
  (i) Exception for Emergency Designation.--
          (1) In general.--Subsection (e) shall not apply to 
        the designation under this section of a national 
        monument of any acreage amount if designation is made 
        to prevent imminent and irreparable harm to the object 
        or objects of antiquity to be protected by the 
        designation.
          (2) One year limitation.--A national monument 
        designation under this subsection shall terminate on 
        the date that is one calendar year after the date of 
        the designation.
          (3) One time designation.--Land designated as a 
        national monument under this subsection--
                  (A) may only be so designated one time; and
                  (B) may not also be permanently designated as 
                a national monument under this section.
          (4) Rights and uses.--Land designated as a national 
        monument under this subsection shall remain subject 
        to--
                  (A) valid existing rights; and
                  (B) uses allowed on the day before such 
                designation under an applicable Resource 
                Management Plan or Forest Plan.
  (j) Presidential Authority To Reduce Size of Declared 
Monuments.--The President may--
          (1) reduce the size of any national monument declared 
        under this section by 85,000 acres or less; or
          (2) reduce the size of any national monument declared 
        under this section by more than 85,000 acres only if 
        the reduction--
                  (A) has been approved by the elected 
                governing body of each county (or county 
                equivalent), the legislature of each State, and 
                the Governor of each State within whose 
                boundaries the national monument will be 
                located (and the Governor of each such State 
                has transmitted a copy of each such approval to 
                the President); and
                  (B) has been reviewed under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) by the Secretary of the Interior 
                or the Secretary of Agriculture, as 
                appropriate.
  (k) Non-Federally Owned Property.--After the date of the 
enactment of this subsection, land may not be declared as a 
national monument under this section in a configuration that 
would place non-federally owned property within the exterior 
boundaries of the national monument without the express written 
consent of the owners of that non-federally owned property.
  (l) Effect of Declaration on Federal Funds.--No declaration 
under this section shall be construed to increase the amount of 
Federal funds that are authorized to be appropriated for any 
fiscal year.
  (m) Water Rights Associated With a Declaration.--Water rights 
associated with a declaration under this section--
          (1) may not be reserved expressly or by implication 
        by a declaration under this section; and
          (2) may be acquired for a declaration under this 
        section only in accordance with the laws of the State 
        in which the water rights are based.
  (n) Definitions.--For the purposes of this section:
          (1) Declaration; declared.--The terms ``declaration'' 
        and ``declared'' shall only include the creation or 
        expansion of a national monument under this section.
          (2) Land.--The term ``land'' shall not include 
        submerged land or water.
          (3) Object or objects of antiquity.--
                  (A) The term ``object or objects of 
                antiquity'' means--
                          (i) relics;
                          (ii) artifacts;
                          (iii) human or animal skeletal 
                        remains;
                          (iv) fossils (other than fossil 
                        fuels); and
                          (v) certain buildings constructed 
                        before the date of the enactment of 
                        this subsection.
                  (B) The term ``object or objects of 
                antiquity'' does not include--
                          (i) natural geographic features; and
                          (ii) objects not made by humans, 
                        except fossils (other than fossil 
                        fuels) or human or animal skeletal 
                        remains.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 3990 is a misleading proposal designed to undermine 
the Antiquities Act and establish barriers to future national 
monument designations. Chairman Bishop hastily introduced the 
bill just days before markup in response to the minority's 
request for information about the Trump administration's review 
of existing national monuments. Rather than work with Democrats 
to promote transparency in government, the Chairman chose to 
steer his bill directly to markup without holding a hearing or 
providing any other opportunity for public scrutiny.
    H.R. 3990 is premised on a series of falsehoods about the 
Antiquities Act and its legacy of protecting public lands. 
First and foremost, the bill expressly grants the president the 
authority to reduce the size of previously designated 
monuments. The inclusion of this provision in the Chairman's 
bill is an admission that the president does not currently have 
this authority. In our view, this admission weakens the 
legality of the president's actions to shrink monuments.
    Congress passed the Antiquities Act in response to rampant 
looting and destruction of archaeological sites on federal 
land. Since Congress created the authority in 1906, sixteen 
presidents have used it to designate national monuments, many 
of which have been validated by Congress and turned into 
national parks. In fact, Theodore Roosevelt--the law's first 
champion--designated sixteen national monuments, including the 
Grand Canyon and Muir Woods.
    Despite the well-documented role of the Antiquities Act 
protecting prominent natural areas, H.R. 3990 rewrites history 
to redefine future use of the Antiquities Act. Specifically, 
the bill restricts presidential authority to ``objects or 
objects of antiquity'' and expressly excludes natural 
geographic features, which define many of the visually-stunning 
monuments that we cherish. Sponsors of the bill claim 
presidents have drifted from Congressional intent by creating 
large monuments, but the language and history of the Act state 
otherwise. The Antiquities Act already provides guidance to 
determine the appropriate size of monuments and early usage of 
the Act by former presidents began with the protection of large 
landscapes. Recent marine monument designations by Presidents 
George W. Bush and Barack Obama--two of which total nearly 376 
million acres--skew the overall average and are not 
representative of a typical land monument.
    H.R. 3990 also subjects future monument designations to the 
environmental review and public participation requirements of 
the National Environmental Policy Act (NEPA). This is 
incredibly disingenuous. Republicans are bending over backwards 
to short circuit environmental review for any kind of 
commercial activity--from highway projects to oil and gas 
developments. To suggest that monuments designations, which are 
designed to preserve precious resources for future generations, 
deserve the same level of scrutiny does not add up, especially 
when NEPA is applied at the agency level and existing 
activities are not always affected by designations. Monuments 
are by no means shielded from public review. Following a 
presidential proclamation, agencies develop a management plan 
pursuant to NEPA and go through several rounds of public 
scoping and review prior to implementation. The public has 
ample opportunity to participate in monument management and 
administration.
    Furthermore, presidents engage in plenty of public outreach 
and monument designations are widely supported by the American 
people. Chairman Bishop would understand the vast amounts of 
public support for national monuments if he ever held hearings 
on any of the designation bills referred to the committee. 
Instead, H.R. 3990 gives local governments veto power over 
future designations. This completely distorts the intent of the 
law--Congress created the authority with the understanding that 
politics can often slow down or otherwise hamper efforts to 
protect certain special places. Rather than honor that insight, 
this bill simply relocates the political fight and jeopardizes 
the future efforts to protect our most treasured resources. 
This bill is more about erecting barriers to future designation 
than addressing a lack of transparency in the current 
designation process.
    Plus, nothing stops Congress from adjusting a monument 
boundary or rescinding it altogether. House Republicans 
complain about the monument designation process, but it is 
curious that they never introduce legislation to repeal 
monuments they claim lack public support. That's because 
national monuments and the Antiquities Act are extremely 
popular. For example, a poll conducted by Colorado College 
found that 80 percent of Western voters support existing 
monuments. We oppose H.R. 3990 and encourage our Senate 
colleagues to reject this attack on the future of the 
Antiquities Act.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Niki Tsongas.
                                   Donald S. Beyer, Jr.
                                   Jimmy Gomez.
                                   Grace F. Napolitano.
                                   Jared Huffman.
                                   Nanette Diaz Barragan.
                                   Colleen Hanabusa.

                                  [all]