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Text of the National Monument Designation Transparency and Accountability Act of 2011

This bill was introduced on February 17, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 17, 2011 (Introduced).

Source: GPO

II

112th CONGRESS

1st Session

S. 407

IN THE SENATE OF THE UNITED STATES

February 17, 2011

(for himself, Mr. Ensign, Mr. Lee, Mr. Enzi, Mr. Risch, Mr. Barrasso, Mr. Hatch, Mr. Roberts, and Ms. Murkowski) 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.

1.

Short title

This Act may be cited as the National Monument Designation Transparency and Accountability Act of 2011.

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:

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).

.