ANTIQUITIES Act

II 116TH CONGRESS 1ST SESSION S. 367 To provide for the administration of certain national monuments, to establish a National Monument Enhancement Fund, and to establish certain wil- derness areas in the States of New Mexico and Nevada. IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2019 Mr. UDALL (for himself, Mr. BLUMENTHAL, Mr. VAN HOLLEN, Mr. BOOKER, Mr. WYDEN, Ms. HIRONO, Ms. DUCKWORTH, Ms. HARRIS, Ms. CORTEZ MASTO, Mr. LEAHY, Ms. SMITH, Mrs. FEINSTEIN, Mr. HEINRICH, Mrs. GILLIBRAND, Mr. MERKLEY, Mrs. MURRAY, Ms. BALDWIN, Mr. SCHATZ, Mr. DURBIN, Mr. CARDIN, Ms. KLOBUCHAR, Ms. ROSEN, Mr. MURPHY, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the administration of certain national monu- ments, to establish a National Monument Enhancement Fund, and to establish certain wilderness areas in the States of New Mexico and Nevada. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘America’s Natural Treasures of Immeasurable Quality 5 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 2 •S 367 IS Unite, Inspire, and Together Improve the Economies of 1 States Act’’ or the ‘‘ANTIQUITIES Act’’. 2 (b) TABLE OF CONTENTS.—The table of contents for 3 this Act is as follows: 4 Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—ADMINISTRATION OF CERTAIN NATIONAL MONUMENTS Sec. 101. Definitions. Sec. 102. Administration of covered national monuments. Sec. 103. Description of covered national monuments. TITLE II—NATIONAL MONUMENT ENHANCEMENT FUND Sec. 201. Establishment of Fund. Sec. 202. Authorization of appropriations. TITLE III—ESTABLISHMENT OF CERTAIN WILDERNESS AREAS IN THE STATE OF NEW MEXICO Sec. 301. Organ Mountains-Desert Peaks conservation. Sec. 302. Cerro del Yuta and Rı´o San Antonio Wilderness Areas. TITLE IV—DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA Sec. 401. Findings. Sec. 402. Definitions. Sec. 403. Additions to National Wilderness Preservation System. Sec. 404. Administration. Sec. 405. Adjacent management. Sec. 406. Military, law enforcement, and emergency overflights. Sec. 407. Release of wilderness study areas. Sec. 408. Native American cultural and religious uses. Sec. 409. Wildlife management. Sec. 410. Wildfire, insect, and disease management. Sec. 411. Climatological data collection. SEC. 2. FINDINGS. 5 Congress finds that— 6 (1) as established by Federal law, a national 7 monument may only be reduced, diminished, or re- 8 voked by an Act of Congress; 9 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 3 •S 367 IS (2) the national monuments under review under 1 Executive Order 13792 (82 Fed. Reg. 20429 (May 2 1, 2017)) have delivered economic, cultural, and eco- 3 logical benefits to local communities and the United 4 States; and 5 (3) legislative actions subsequent to Presi- 6 dential declarations, such as the Omnibus Public 7 Land Management Act of 2009 (Public Law 111– 8 11; 123 Stat. 991), have ratified certain national 9 monuments under review and other national monu- 10 ments. 11 TITLE I—ADMINISTRATION OF 12 CERTAIN NATIONAL MONU- 13 MENTS 14 SEC. 101. DEFINITIONS. 15 In this title: 16 (1) COVERED NATIONAL MONUMENT.—The 17 term ‘‘covered national monument’’ means a na- 18 tional monument described in section 103. 19 (2) SECRETARY CONCERNED.—The term ‘‘Sec- 20 retary concerned’’ means— 21 (A) the Secretary of the Interior, with re- 22 spect to a covered national monument under 23 the joint or exclusive jurisdiction of the Na- 24 tional Park Service, the Bureau of Land Man- 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 4 •S 367 IS agement, or the United States Fish and Wild- 1 life Service; 2 (B) the Secretary of Agriculture, with re- 3 spect to a covered national monument under 4 the joint or exclusive jurisdiction of the Forest 5 Service; and 6 (C) the Secretary of Commerce, with re- 7 spect to a covered national monument under 8 the joint or exclusive jurisdiction of the Na- 9 tional Oceanic and Atmospheric Administration. 10 SEC. 102. ADMINISTRATION OF COVERED NATIONAL MONU- 11 MENTS. 12 (a) IN GENERAL.—The Secretary concerned shall ad- 13 minister each national monument described in section 103 14 in accordance with— 15 (1) the one or more applicable Presidential 16 proclamations specified in that section that apply to 17 the applicable covered national monument; 18 (2) any Act of Congress enacted before Decem- 19 ber 4, 2017, that provides for an adjustment to the 20 boundary of, or a requirement with respect to the 21 administration of, the applicable covered national 22 monument; and 23 (3) this Act. 24 (b) MAPS AND LEGAL DESCRIPTIONS.— 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 5 •S 367 IS (1) IN GENERAL.—As soon as practicable after 1 the date of enactment of this Act, the Secretary con- 2 cerned shall— 3 (A) conduct a survey of the boundaries of 4 each covered national monument; and 5 (B) file a map and legal description of 6 each covered national monument with— 7 (i) the Committee on Energy and 8 Natural Resources of the Senate; and 9 (ii) the Committee on Natural Re- 10 sources of the House of Representatives. 11 (2) FORCE OF LAW.—The maps and legal de- 12 scriptions filed under paragraph (1)(B) shall have 13 the same force and effect as if included in this Act, 14 except that the Secretary concerned may correct er- 15 rors in the legal descriptions and maps. 16 (3) PUBLIC AVAILABILITY.—The maps and 17 legal descriptions filed under paragraph (1)(B) shall 18 be on file and available for public inspection in the 19 appropriate offices of the Secretary concerned. 20 (c) MANAGEMENT PLAN.—If a management plan has 21 not been prepared for a covered national monument as of 22 the date of enactment of this Act, not later than 2 years 23 after the date of enactment of this Act, the Secretary con- 24 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 6 •S 367 IS cerned shall prepare a management plan for the covered 1 national monument, in accordance with— 2 (1) the one or more Presidential proclamations 3 specified in section 103 that apply to the applicable 4 covered national monument; and 5 (2) any other applicable Federal law (including 6 regulations). 7 (d) FUNDING.—A covered national monument shall 8 be eligible to receive funds from the National Monument 9 Enhancement Fund established by section 201(a). 10 SEC. 103. DESCRIPTION OF COVERED NATIONAL MONU- 11 MENTS. 12 The following are the national monuments referred 13 to in section 102(a): 14 (1) BIRMINGHAM CIVIL RIGHTS NATIONAL 15 MONUMENT, ALABAMA.—The Birmingham Civil 16 Rights National Monument established in the State 17 of Alabama by Presidential Proclamation 9565, as 18 issued on January 12, 2017 (54 U.S.C. 320301 19 note). 20 (2) FREEDOM RIDERS NATIONAL MONUMENT, 21 ALABAMA.—The Freedom Riders National Monu- 22 ment established in the State of Alabama by Presi- 23 dential Proclamation 9566, as issued on January 12, 24 2017 (54 U.S.C. 320301 note). 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 7 •S 367 IS (3) AGUA FRIA NATIONAL MONUMENT, ARI- 1 ZONA.—The Agua Fria National Monument estab- 2 lished in the State of Arizona by Presidential Procla- 3 mation 7263, as issued on January 11, 2000 (54 4 U.S.C. 320301 note). 5 (4) GRAND CANYON-PARASHANT NATIONAL 6 MONUMENT, ARIZONA.—The Grand Canyon- 7 Parashant National Monument established in the 8 State of Arizona by Presidential Proclamation 7265, 9 as issued on January 11, 2000 (54 U.S.C. 320301 10 note). 11 (5) IRONWOOD FOREST NATIONAL MONUMENT, 12 ARIZONA.—The Ironwood Forest National Monu- 13 ment established in the State of Arizona by Presi- 14 dential Proclamation 7320, as issued on June 9, 15 2000 (54 U.S.C. 320301 note). 16 (6) SONORAN DESERT NATIONAL MONUMENT, 17 ARIZONA.—The Sonoran Desert National Monument 18 established in the State of Arizona by Presidential 19 Proclamation 7397, as issued on January 17, 2001 20 (54 U.S.C. 320301 note). 21 (7) VERMILION CLIFFS NATIONAL MONUMENT, 22 ARIZONA.—The Vermilion Cliffs National Monument 23 established in the State of Arizona by Presidential 24 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 8 •S 367 IS Proclamation 7374, as issued on November 9, 2000 1 (54 U.S.C. 320301 note). 2 (8) BERRYESSA SNOW MOUNTAIN NATIONAL 3 MONUMENT, CALIFORNIA.—The Berryessa Snow 4 Mountain National Monument established in the 5 State of California by Presidential Proclamation 6 9298, as issued on July 10, 2015 (54 U.S.C. 7 320301 note). 8 (9) CALIFORNIA COASTAL NATIONAL MONU- 9 MENT, CALIFORNIA.—The California Coastal Na- 10 tional Monument established in the State of Cali- 11 fornia by Presidential Proclamation 7264, as issued 12 on January 11, 2000 (54 U.S.C. 320301 note), 13 Presidential Proclamation 9089, as issued on March 14 11, 2014 (54 U.S.C. 320301 note), and Presidential 15 Proclamation 9563, as issued on January 12, 2017 16 (54 U.S.C. 320301 note). 17 (10) CARRIZO PLAIN NATIONAL MONUMENT, 18 CALIFORNIA.—The Carrizo Plain National Monu- 19 ment established in the State of California by Presi- 20 dential Proclamation 7393, as issued on January 17, 21 2001 (54 U.S.C. 320301 note). 22 (11) CASTLE MOUNTAINS NATIONAL MONU- 23 MENT, CALIFORNIA.—The Castle Mountains Na- 24 tional Monument established in the State of Cali- 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 9 •S 367 IS fornia by Presidential Proclamation 9394, as issued 1 on February 12, 2016 (54 U.S.C. 320301 note). 2 (12) CE´SAR E. CHA´VEZ NATIONAL MONUMENT, 3 CALIFORNIA.—The Ce´sar E. Cha´vez National Monu- 4 ment established in the State of California by Presi- 5 dential Proclamation 8884, as issued on October 8, 6 2012 (54 U.S.C. 320301 note). 7 (13) FORT ORD NATIONAL MONUMENT, CALI- 8 FORNIA.—The Fort Ord National Monument estab- 9 lished in the State of California by Presidential 10 Proclamation 8803, as issued on April 20, 2012 (54 11 U.S.C. 320301 note). 12 (14) GIANT SEQUOIA NATIONAL MONUMENT, 13 CALIFORNIA.—The Giant Sequoia National Monu- 14 ment established in the State of California by Presi- 15 dential Proclamation 7295, as issued on April 15, 16 2000 (54 U.S.C. 320301 note). 17 (15) MOJAVE TRAILS NATIONAL MONUMENT, 18 CALIFORNIA.—The Mojave Trails National Monu- 19 ment established in the State of California by Presi- 20 dential Proclamation 9395, as issued on February 21 12, 2016 (54 U.S.C. 320301 note). 22 (16) SAN GABRIEL MOUNTAINS NATIONAL 23 MONUMENT, CALIFORNIA.—The San Gabriel Moun- 24 tains National Monument established in the State of 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 10 •S 367 IS California by Presidential Proclamation 9194, as 1 issued on October 10, 2014 (54 U.S.C. 320301 2 note). 3 (17) SAND TO SNOW NATIONAL MONUMENT, 4 CALIFORNIA.—The Sand to Snow National Monu- 5 ment established in the State of California by Presi- 6 dential Proclamation 9396, as issued on February 7 12, 2016 (54 U.S.C. 320301 note). 8 (18) BROWNS CANYON NATIONAL MONUMENT, 9 COLORADO.—The Browns Canyon National Monu- 10 ment established in the State of Colorado by Presi- 11 dential Proclamation 9232, as issued on February 12 19, 2015 (54 U.S.C. 320301 note). 13 (19) CANYONS OF THE ANCIENTS NATIONAL 14 MONUMENT, COLORADO.—The Canyons of the An- 15 cients National Monument established in the State 16 of Colorado by Presidential Proclamation 7317, as 17 issued on June 9, 2000 (54 U.S.C. 320301 note). 18 (20) CHIMNEY ROCK NATIONAL MONUMENT, 19 COLORADO.—The Chimney Rock National Monu- 20 ment established in the State of Colorado by Presi- 21 dential Proclamation 8868, as issued on September 22 21, 2012 (54 U.S.C. 320301 note). 23 (21) BELMONT-PAUL WOMEN’S EQUALITY NA- 24 TIONAL MONUMENT, WASHINGTON, DC.—The Bel- 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 11 •S 367 IS mont-Paul Women’s Equality National Monument 1 established in Washington, DC, by Presidential 2 Proclamation 9423, as issued on April 12, 2016 (54 3 U.S.C. 320301 note). 4 (22) PRESIDENT LINCOLN AND SOLDIERS’ 5 HOME NATIONAL MONUMENT, WASHINGTON, DC.— 6 The President Lincoln and Soldiers’ Home National 7 Monument established in Washington, DC, by Presi- 8 dential Proclamation 7329, as issued on July 7, 9 2000 (54 U.S.C. 320301 note). 10 (23) HONOULIULI NATIONAL MONUMENT, HA- 11 WAII.—The Honouliuli National Monument estab- 12 lished in the State of Hawaii by Presidential Procla- 13 mation 9234, as issued on February 24, 2015 (54 14 U.S.C. 320301 note). 15 (24) PULLMAN NATIONAL MONUMENT, ILLI- 16 NOIS.—The Pullman National Monument established 17 in the State of Illinois by Presidential Proclamation 18 9233, as issued on February 19, 2015 (54 U.S.C. 19 320301 note). 20 (25) CAMP NELSON NATIONAL MONUMENT, 21 KENTUCKY.—The Camp Nelson National Monument 22 established in the State of Kentucky by Presidential 23 Proclamation 9811, as issued on October 26, 2018 24 (83 Fed. Reg. 54845 (October 31, 2018)). 25 VerDate Sep 11 2014 01:54 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367 pbinns on DSK79D2C42PROD with BILLS 12 •S 367 IS (26) KATAHDIN WOODS AND WATERS NATIONAL 1 MONUMENT, MAINE.—The Katahdin Woods and 2 Waters National Monument established in the State 3 of Maine by Presidential Proclamation 9476, as 4 issued on August 24, 2016 (54 U.S.C. 320301 5 note). 6 (27) POMPEYS PILLAR NATIONAL MONUMENT, 7 MONTANA.—The Pompeys Pillar National Monu- 8 ment established in the State of Montana by Presi- 9 dential Proclamation 7396, as issued on January 17, 10 2001 (54 U.S.C. 320301 note). 11 (28) UPPER MISSOURI RIVER BREAKS NA- 12 TIONAL MONUMENT, MONTANA.—The Upp [Text truncated for display. Full text available on Congress.gov.]