[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\
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\1\Public Law 59-209; 34 Stat. 225; 54 U.S.C. 320301 et seq.
\2\Id.
\3\Id.
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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\
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\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.
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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\
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\7\Information provided by the Congressional Research Service.
\8\http://www.crs.gov/Reports/
R41330?source=search&guid=c64c8af27d3d4ccd80ffae04a033 e0f3&index=2.
\9\Id.
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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\
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\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.
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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\
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\12\Carol Hardy Vincent, ``National Monuments and the Antiquities
Act), Congressional Research Service (2017), page 1.
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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]