Legislation Makes National Monument Selection an Open, Public Process

WASHINGTON, D.C. – The House of Representatives today passed legislation to make Presidential national monument declarations an open, public process while maintaining the original intent of the Antiquities Act. Congressman Kevin Cramer voted for the Ensuring Public Involvement in the Creation of National Monuments Act, and said the bill requires the President to conduct a review under the National Environmental Policy Act (NEPA) in order to designate a new monument, thereby guaranteeing a public comment period.

During President Obama’s first term, a leaked memo showed plans designate more than 13 million acres of western United States land as national monuments. The legislation passed today addresses land-use restriction and private property concerns by requiring the NEPA process for declarations greater than 5,000 acres, placing a limit of one new monument per state per four-year Presidential term, and requiring the affected property owner to provide informed written consent.  

“This bill protects private property rights and expands citizen involvement in the process of selecting a national monument. With discussion of North Killdeer Mountain and Elkhorn Ranch as potential monument sites in North Dakota, this is an important bill to give our public a say in these decisions,” said Cramer.

Designations of national monuments are made under the Antiquities Act, which was enacted in 1906 with the intention of protecting historic artifacts and sites of scientific value from imminent threat and “confined to the smallest area” necessary. Since enactment, sixteen of nineteen Presidents have created 137 monuments ranging from less than one acre to eighty-nine million acres in size. In maintaining the original intent of the law, this legislation allows for a temporary “emergency” designation of 5,000 acres or less for a three-year period if there is an imminent threat to the land. After three years, the designation would only become permanent if the NEPA process is completed or it is approved by Congress.