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Rep. Rob Bishop Introduces Bill to Reform Outdated Antiquities Act

March 12, 2019 — The following was released by the House Committee on Natural Resources:

Today, Ranking Republican Rob Bishop (R-Utah) and U.S. Rep. John Curtis (R-Utah) announced the introduction of H.R. 1664 the National Monument Creation and Protection Act (CAP Act).

“The 1906 Antiquities Act was originally intended as an executive tool to protect historical and archeological artifacts and structures under threat. Unfortunately, this worthy goal has been manipulated for ulterior political purposes. Today the Act is used as an excuse for presidents of both parties to unilaterally lock up vast tracts of public land without any mechanism for people to provide input or voice concerns. This is wrong.

“This legislation modernizes the law to restore its intent, allowing for the protection of actual antiquities without disenfranchisement of local voices. It also standardizes and limits the president’s power to reshape monuments.

“As a gesture of bipartisanship, the bill also adopts the direct suggestions made by Democrats during last year’s hearings, including new transparency requirements surrounding lobbying, local government consultation, and economic impact analysis. If my colleagues were serious about their calls for accountability under this Act – no matter which party controls the White House – they will support this bill.”

– said Ranking Republican Rob Bishop (R-Utah)

“Difficult public land issues are best resolved through the collaborative process of congressional legislation, not unilateral antiquities designations. I am proud to support the National Monument Creation and Protection Act, which would facilitate a better balance of voices, including state, local, and other leaders.”

– said Representative John Curtis (R-Utah)

Link to the bill text can be found HERE.

In Congress, an effort to curtail national monuments

October 18, 2017 — WASHINGTON — On Oct. 11, the House Natural Resources Committee approved a proposal from its chairman, Rep. Rob Bishop, R-Utah, to overhaul the Antiquities Act. Bishop’s “National Monument Creation and Protection Act” would severely constrain the power of the president to designate national monuments. It would limit the size of monuments a president could designate as well as the kinds of places protected.

The 1906 Antiquities Act allows a president to act swiftly to protect federal lands facing imminent threats without legislation getting bogged down in Congress. Many popular areas, including Zion, Bryce and Arches national parks in Bishop’s home state, were first protected this way.

Under Bishop’s legislation, any proposal for a monument larger than 640 acres — one square mile — would be subject to a review process: Areas up to 10,000 acres would be subject to review under the National Environmental Policy Act, while those between 10,000 and 85,000 acres would require approval from state and local government. The bill would allow emergency declarations, but they would expire after a year without Congress approval. It would also codify the president’s power to modify monuments — a power that has been contested in light of the Interior Department’s recent recommendations that President Donald Trump reduce the size of several monuments, including Bears Ears and Grand Staircase-Escalante in Utah.

Read the full story at High Country News

Committee Passes Legislation to Require Transparency, Public Input in Antiquities Act

October 12, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources 

Today, the House Committee on Natural Resources passed H.R. 3990, the “National Monument Creation and Protection Act” or the “CAP Act.” Introduced by Chairman Rob Bishop (R-UT), the bill protects archeological resources while ensuring public transparency and accountability in the executive’s use of the Antiquities Act.

 “Congress never intended to give one individual the power to unilaterally seize enormous swathes of our nation’s public lands… Our problem isn’t President Obama or President Trump. It’s the underlying law – a statute that provides authority to dictate national monument decisions in secrecy and without public input. The only path to the accountability we all seek – no matter which party controls the White House – is to amend the Act itself,” Bishop stated.

“Under this new, tiered framework, no longer would we have to blindly trust the judgement or fear the whims of any president. The bill ensures a reasonable degree of consultation with local stakeholders and an open public process would be required by law. It strengthens the president’s authority to protect actual antiquities without the threat of disenfranchising people.

 “Ultimately, if enacted, it will strengthen the original intent of the law while also providing much needed accountability.”   

 Click here to view Chairman Bishop’s full opening statement.

Click here to view full markup action.

Click here for more information on H.R. 3990.