National Monument CAP Act

I 116TH CONGRESS 1ST SESSION H. R. 1664 To amend title 54, United States Code, to reform the Antiquities Act of 1906, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2019 Mr. BISHOP of Utah (for himself, Mr. MCCLINTOCK, Mr. STEWART, Mr. GOSAR, Mr. WESTERMAN, and Mr. CURTIS) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend title 54, United States Code, to reform the Antiquities Act of 1906, and for other purposes. 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. 3 This Act may be cited as the ‘‘National Monument 4 Creation And Protection Act’’ or the ‘‘National Monument 5 CAP Act’’. 6 SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE 7 OBJECTS. 8 Section 320301 of title 54, United States Code, is 9 amended— 10 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 2 •HR 1664 IH (1) in subsection (a), by striking ‘‘historic land- 1 marks, historic and prehistoric structures, and other 2 objects of historic or scientific interest’’ and insert- 3 ing ‘‘object or objects of antiquity’’; 4 (2) in subsection (b), by striking ‘‘confined to 5 the smallest area compatible with the proper care 6 and management of the objects to be protected’’ and 7 inserting ‘‘in accordance with the limitations out- 8 lined in subsections (e), (f), (g), and (h)’’; and 9 (3) by adding at the end the following: 10 ‘‘(e) LIMITATION ON SIZE OF NATIONAL MONU- 11 MENTS.—Except as provided by subsections (f), (g), and 12 (h), after the date of the enactment of this subsection, 13 land may not be declared under this section in a configura- 14 tion that would create a national monument— 15 ‘‘(1) that is more than 640 acres; and 16 ‘‘(2) whose exterior boundary is less than 50 17 miles from the closest exterior boundary of another 18 national monument declared under this section. 19 ‘‘(f) EXCEPTION FOR MONUMENTS OF LESS THAN 20 5,000 ACRES.—Subsection (e) shall not apply to the des- 21 ignation of a national monument under this section if the 22 national monument so designated— 23 ‘‘(1) would be less than 5,000 acres; 24 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 3 •HR 1664 IH ‘‘(2) would have all exterior boundaries 50 1 miles or more from the closest exterior boundary of 2 another national monument declared under this sec- 3 tion; and 4 ‘‘(3) has been reviewed under the National En- 5 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 6 seq.) by the Secretary of the Interior or the Sec- 7 retary of Agriculture, as appropriate. 8 ‘‘(g) EXCEPTION FOR MONUMENTS OF 5,000 ACRES 9 AND UP TO 10,000 ACRES.— 10 ‘‘(1) IN GENERAL.—Subsection (e) shall not 11 apply to the designation of a national monument 12 under this section if the national monument so des- 13 ignated— 14 ‘‘(A) would be at least 5,000 acres but not 15 more than 10,000 acres; and 16 ‘‘(B) would have all exterior boundaries 50 17 miles or more from the closest exterior bound- 18 ary of another national monument declaration 19 under this section. 20 ‘‘(2) OTHER REQUIREMENT.—A monument de- 21 scribed in this subsection shall be subject to the 22 preparation of an environmental assessment or envi- 23 ronmental impact statement as part of a review 24 under the National Environmental Policy Act of 25 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 4 •HR 1664 IH 1969 (42 U.S.C. 4321 et seq.). The choice of envi- 1 ronmental review document shall be within the dis- 2 cretion of the Secretary of the Interior or the Sec- 3 retary of Agriculture, as appropriate. 4 ‘‘(h) EXCEPTION FOR MONUMENTS 10,000 ACRES 5 AND UP TO 85,000 ACRES.—Subsection (e) shall not apply 6 to the designation of a national monument under this sec- 7 tion if the national monument so designated— 8 ‘‘(1) would be at least 10,000 acres but not 9 more than 85,000 acres; 10 ‘‘(2) would have all exterior boundaries 50 11 miles or more from the closest exterior boundary of 12 another national monument declaration under this 13 section; and 14 ‘‘(3) has been approved by the elected gov- 15 erning body of each county (or county equivalent), 16 the legislature of each State, and the Governor of 17 each State within whose boundaries the national 18 monument will be located (and the Governor of each 19 such State has transmitted a copy of each such ap- 20 proval to the President). 21 ‘‘(i) EXCEPTION FOR EMERGENCY DESIGNATION.— 22 ‘‘(1) IN GENERAL.—Subsection (e) shall not 23 apply to the designation under this section of a na- 24 tional monument of any acreage amount if designa- 25 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 5 •HR 1664 IH tion is made to prevent imminent and irreparable 1 harm to the object or objects of antiquity to be pro- 2 tected by the designation. 3 ‘‘(2) ONE-YEAR LIMITATION.—A national 4 monument designation under this subsection shall 5 terminate on the date that is one calendar year after 6 the date of the designation. 7 ‘‘(3) ONE-TIME DESIGNATION.—Land des- 8 ignated as a national monument under this sub- 9 section— 10 ‘‘(A) may only be so designated one time; 11 and 12 ‘‘(B) may not also be permanently des- 13 ignated as a national monument under this sec- 14 tion. 15 ‘‘(4) RIGHTS AND USES.—Land designated as a 16 national monument under this subsection shall re- 17 main subject to— 18 ‘‘(A) valid existing rights; and 19 ‘‘(B) uses allowed on the day before such 20 designation under an applicable Resource Man- 21 agement Plan or Forest Plan. 22 ‘‘(j) LIMITATION ON PRESIDENTIAL AUTHORITY TO 23 REDUCE SIZE OF DECLARED MONUMENTS.—The Presi- 24 dent may— 25 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 6 •HR 1664 IH ‘‘(1) reduce the size of any national monument 1 declared under this section by 85,000 acres or less; 2 or 3 ‘‘(2) reduce the size of any national monument 4 declared under this section by more than 85,000 5 acres only if the reduction— 6 ‘‘(A) has been approved by the elected gov- 7 erning body of each county (or county equiva- 8 lent), the legislature of each State, and the 9 Governor of each State within whose boundaries 10 the national monument will be located (and the 11 Governor of each such State has transmitted a 12 copy of each such approval to the President); 13 and 14 ‘‘(B) has been reviewed under the National 15 Environmental Policy Act of 1969 (42 U.S.C. 16 4321 et seq.) by the Secretary of the Interior 17 or the Secretary of Agriculture, as appropriate. 18 ‘‘(k) DISCLOSURE, CONSULTATION, SURVEY, AND 19 EVALUATION REQUIREMENT.—On a date not later than 20 45 days before the declaration of any national monument 21 or reduction in size of a declared monument under this 22 section, and excluding such designations under subsection 23 (i), the President shall— 24 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 7 •HR 1664 IH ‘‘(1) keep records of all lobbying activity as de- 1 fined under the Lobbying Disclosure Act of 1995 (2 2 U.S.C. 1601 et seq.) and received by the President 3 or the Secretary of the Interior or Secretary of Agri- 4 culture for the purposes of influencing the declara- 5 tion of or adjustment to boundaries of such monu- 6 ment, including a record of— 7 ‘‘(A) identities and affiliations of peti- 8 tioning registered lobbyists; 9 ‘‘(B) date of such lobbying activity; 10 ‘‘(C) duration of all meetings between reg- 11 istered lobbyists and the President or the Sec- 12 retary of the Interior or Secretary of Agri- 13 culture; 14 ‘‘(D) topics of all meetings between reg- 15 istered lobbyists and the President or the Sec- 16 retary of the Interior or Secretary of Agri- 17 culture; and 18 ‘‘(E) requests by registered lobbyists or 19 other persons who made requests to the Presi- 20 dent or the Secretary of the Interior or Sec- 21 retary of Agriculture pertaining to the declara- 22 tion or modification of the boundaries of a 23 monument; 24 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 8 •HR 1664 IH ‘‘(2) solicit from the chief executive or designee 1 of impacted governments information and advice re- 2 garding the declaration or adjustment to boundaries 3 of such monument; 4 ‘‘(3) produce a record of any significant eco- 5 nomic, recreational, cultural, geologic, artifactual, 6 scientific, and other relevant objects or interests 7 within the boundary of the planned monument or 8 monument boundary adjustment, or which would 9 otherwise be substantially impacted by such monu- 10 ment declaration or monument boundary adjust- 11 ment; 12 ‘‘(4) designate any qualifying object as found in 13 the record under paragraph (3) as an object of an- 14 tiquity, and include in the record under such clause 15 any information showing that such designation 16 meets the definition of object or objects of antiquity 17 under this section; 18 ‘‘(5) conduct an analysis of economic impact of 19 such monument declaration or boundary adjustment, 20 including impacts to— 21 ‘‘(A) tourism; 22 ‘‘(B) grazing; 23 ‘‘(C) hunting and recreation; 24 ‘‘(D) forestry; 25 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 9 •HR 1664 IH ‘‘(E) mineral and other resource extrac- 1 tion; and 2 ‘‘(F) other economic activity; 3 ‘‘(6) produce an evaluation of anticipated im- 4 pacts to protection, management, and use of objects 5 designated as ‘‘objects of antiquity’’ under para- 6 graph (4) which would be subject to protection 7 under such monument declaration or boundary ad- 8 justment; 9 ‘‘(7) compile and present to the Chair and 10 Ranking Member or the staff designees of the Sen- 11 ate Energy and Natural Resources Committee and 12 the House Committee on Natural Resources a report 13 which includes all information as produced or re- 14 ceived under paragraphs (1) through (6); and 15 ‘‘(8) establish and maintain an online portal on 16 the website of the Department of the Interior acces- 17 sible by the public that allows the public to view 18 such report under paragraph (7) after the presen- 19 tation of such report under such paragraph. 20 ‘‘(l) NON-FEDERALLY OWNED PROPERTY.—After 21 the date of the enactment of this subsection, land may 22 not be declared as a national monument under this section 23 in a configuration that would place non-federally owned 24 property within the exterior boundaries of the national 25 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 10 •HR 1664 IH monument without the express written consent of the own- 1 ers of that non-federally owned property. 2 ‘‘(m) EFFECT OF DECLARATION ON FEDERAL 3 FUNDS.—No declaration under this section shall be con- 4 strued to increase the amount of Federal funds that are 5 authorized to be appropriated for any fiscal year. 6 ‘‘(n) WATER RIGHTS ASSOCIATED WITH A DECLARA- 7 TION.—Water rights associated with a declaration under 8 this section— 9 ‘‘(1) may not be reserved expressly or by impli- 10 cation by a declaration under this section; and 11 ‘‘(2) may be acquired for a declaration under 12 this section only in accordance with the laws of the 13 State in which the water rights are based. 14 ‘‘(o) DEFINITIONS.—For the purposes of this section: 15 ‘‘(1) DECLARATION; DECLARED.—The terms 16 ‘declaration’ and ‘declared’ shall only include the 17 creation or expansion of a national monument under 18 this section. 19 ‘‘(2) IMPACTED GOVERNMENTS.—The term ‘im- 20 pacted governments’ means any of the following that 21 contain a monument or reduced monument declared 22 within its jurisdiction or which would otherwise have 23 a significant economic or culture interest in such de- 24 clared monument: 25 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 11 •HR 1664 IH ‘‘(A) County. 1 ‘‘(B) City. 2 ‘‘(C) Federally recognized Indian Tribe. 3 ‘‘(D) State. 4 ‘‘(E) State legislature. 5 ‘‘(3) LAND.—The term ‘land’ shall not include 6 submerged land or water. 7 ‘‘(4) OBJECT OR OBJECTS OF ANTIQUITY.— 8 ‘‘(A) The term ‘object or objects of antiq- 9 uity’ means— 10 ‘‘(i) relics; 11 ‘‘(ii) artifacts; 12 ‘‘(iii) human or animal skeletal re- 13 mains; 14 ‘‘(iv) fossils (other than fossil fuels); 15 and 16 ‘‘(v) certain buildings constructed be- 17 fore the date of the enactment of this sub- 18 section. 19 ‘‘(B) The term ‘object or objects of antiq- 20 uity’ does not include— 21 ‘‘(i) natural geographic features; and 22 VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS 12 •HR 1664 IH ‘‘(ii) objects not made by humans, ex- 1 cept fossils (other than fossil fuels) or 2 human or animal skeletal remains.’’. 3 Æ VerDate Sep 11 2014 20:22 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H1664.IH H1664 khammond on DSKBBV9HB2PROD with BILLS