1. Short title
This Act may be cited as the “Improved National Monument Designation Process Act”.
Improved National Monument Designation Process Act
A BILL
To provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for the declaration of marine national monuments, and for other purposes.
2. Designation of national monuments
The Act of June 8, 1906 (commonly known as the “Antiquities Act of 1906”) (16 U.S.C. 431 et seq.), is amended—
in section 2 (16 U.S.C. 431)—
by striking “Sec. 2. That the President is hereby authorized, in his discretion to” and inserting the following:
“2. Designation of national monuments
“(a) In general—After obtaining congressional approval of the proposed national monument and certifying compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the proposed national monument and subject to subsection (b), the President may”
by adding at the end the following:
“(b) Requirements for declaration of marine national monuments
“(1) Definition of exclusive economic zone—In this subsection, the term “exclusive economic zone” means the zone established by Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note).
“(2) Requirements—The President may not declare any area of the exclusive economic zone to be a national monument unless—
“(A) the declaration is specifically authorized by an Act of Congress;
“(B) the President has submitted to the Governor of each State and each territory, any part of which is located within 100 nautical miles of the proposed national monument, a proposal to make the declaration;
“(C) the Governor of each State and territory described in subparagraph (B) submits to the President notice that the legislature of the State or territory has approved the proposal submitted under that paragraph; and
“(D) the declaration is substantially the same as the proposal submitted under subparagraph (B).”
by adding at the end the following:
“5. Restrictions on public use
“The Secretary of the Interior, or the Secretary of Commerce, with respect to any area of the exclusive economic zone (as defined in section 2(b)(1)) designated as a national monument, shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by the Secretary of the Interior or the Secretary of Commerce, as applicable) providing for public input and congressional approval.”