[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3660 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3660
To amend the Act of June 8, 1906, to require certain procedures for
designating national monuments, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2010
Mr. Crapo (for himself, Mr. Barrasso, Mr. Ensign, Mr. Enzi, Mr. Hatch,
Ms. Murkowski, Mr. Risch, and Mr. Roberts) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Act of June 8, 1906, to require certain procedures for
designating national monuments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency and Accountability Act of 2010''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906'') (16 U.S.C. 431) is amended--
(1) by striking ``sec. 2. That the President'' and
inserting the following:
``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.
``(a) In General.--Subject to the requirements of this section, the
President'';
(2) by striking ``Provided, That when such objects are
situated upon'' and inserting the following:
``(b) Relinquishment of Private Claims.--In cases in which an
object described in subsection (a) is located on'';
(3) in subsection (a) (as designated by paragraph (1)), by
striking ``compatible with the proper care and mangagement of
the objects to be protected:'' and inserting ``necessary to
ensure the proper care and mangagement of the objects to be
protected.''; and
(4) by adding at the end the following:
``(c) Requirements for Designation of National Monuments.--
``(1) In general.--The President may not issue a
proclamation to designate a national monument under subsection
(a) before the date that is 30 days after the date on which the
President provides the proposed proclamation to--
``(A) Congress; and
``(B) the Governor of each State, the chief elected
official of each unit of local government, and the
governing entity of each tribal government with
jurisdiction over any parcel of land located within the
boundary of the proposed national monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (v),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
(referred to in this section as the
`Secretary') shall hold at least 1 public
hearing within a county or comparable unit of
local government, any part of which is located
within the boundary of the proposed national
monument.
``(ii) Notice.--Not later than 30 days
before a public hearing is to be held under
clause (i), the Secretary shall provide notice
of the hearing to the public, including by
publishing a notice in local newspapers and
sending a written notice to stakeholders of the
appropriate National Forest or Bureau of Land
Management district.
``(iii) Participation; comments.--The
Secretary shall--
``(I) ensure that all interested
individuals are afforded an opportunity
to participate in a hearing held under
clause (i);
``(II) solicit comments from the
public at the hearing; and
``(III) enter into the record all
comments received at, or related to,
the hearing.
``(iv) Availability of record.--
``(I) In general.--As soon as
practicable after the date of a hearing
held under clause (i), the Secretary
shall make the record of the hearing
(including a transcript of the hearing)
available to the public on the Internet
or by other electronic means.
``(II) Components.--The Secretary
shall ensure that any components of the
record of the hearing that are
completed before the entire record is
finalized are made available on
completion of each of the components.
``(v) Waiver.--The Secretary may decline to
hold a public hearing under clause (i) if each
unit of local government and tribal government
within the boundary of the proposed national
monument expressly waives the right to a
hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary shall initiate a notice and comment
period to receive comments from the public regarding
the proclamation.
``(C) Report.--
``(i) Contents.--Not later than 1 year
after the date on which the President issues a
proclamation designating a national monument
under subsection (a), the President shall
submit to Congress a report that includes--
``(I) an analysis of the economic
impact of the designation on the
communities within the boundary of the
national monument, including an
estimate of the tax revenues that would
be lost to, or gained by, the Federal
Government and State and local
governments as a result of the
designation;
``(II) an analysis of the impact
the designation would have on energy
security, including--
``(aa) an analysis of the
effects of the loss of sites to
produce wind, geothermal, or
solar energy; and
``(bb) an estimate of the
number of barrels of oil, tons
of coal, or cubic feet of
natural gas that would become
unavailable as a result of the
proclamation;
``(III) the projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundary of the
national monument (including water
rights, hunting, grazing, timber
production, vegetation manipulation to
maintain forest health, off-road
vehicle use, hiking, horseback riding,
and mineral and energy leases, claims,
and permits);
``(IV) the record of any hearings
held under subparagraph (A); and
``(V) any written comments received
during the notice and comment period
under subparagraph (B).
``(ii) Required coordination.--The
preparation of the report under clause (i)
shall be coordinated with the governing bodies
described in section 210 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1720).
``(iii) Publication.--The President shall
ensure that there is published on the White
House website--
``(I) during the period in which
the report prepared under clause (i) is
being compiled, each component of the
report that is completed, on completion
of the component; and
``(II) on submission of the report
to Congress, the completed report.
``(D) Implementation guidelines.--The Secretary, in
cooperation with the States, shall develop and publish
guidelines to provide for the implementation of this
paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective on the
date that is 2 years after the date on which the
President issued the proclamation, unless the
proclamation is approved by an Act of Congress on or
before the last day of that 2-year period.
``(B) Management of land before approval.--During
the period beginning on the date of issuance of a
proclamation under subsection (a) and the date of
approval of the proclamation under subparagraph (A),
the President shall ensure that any restriction placed
on land and interests, rights, or uses associated with
the parcels of land designated as a national monument
(including water rights, hunting, grazing, timber
production, vegetation manipulation to maintain forest
health, off-road vehicle use, hiking, horseback riding,
and mineral and energy leases, claims, and permits) is
narrowly tailored and necessary for the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
the proclamation, and any restriction imposed as a
result of the proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective on the date that is 2 years after the
date of the issuance of the proclamation.
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).
``(d) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
necessary to ensure the proper care and management of the objects to be
protected.
``(e) Effect on Certain States.--Nothing in this section affects--
``(1) the limitations on designations in the State of
Alaska under section 906(j)(5) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1635(j)(5)); or
``(2) the limitations on designations in the State of
Wyoming under the proviso of the last sentence of the first
section of the Act of September 14, 1950 (64 Stat. 849, chapter
950; 16 U.S.C. 431a).''.
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