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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. 

Rep. Rob Bishop: Restore the Antiquities Act’s noble vision

October 11, 2017 — In a Tuesday op-ed, I explained the constitutional threat posed by the Antiquities Act, and why its repeated abuse is inconsistent with the constitutional pillars of the rule of law and checks and balances. As it turns out, there’s a reason the Founders chose these principles as the basis of our government: arbitrary rule has no incentive to be accountable to the people that policies affect. Without that accountability, political and ideological manipulation corrodes the balance of power.

Some of the most egregious abuses – the use of the Antiquities Act as a political weapon – happened under President Bill Clinton’s administration.

In 1996, prior to the designation of the Grand Staircase Escalante National Monument in Utah, Clinton’s then-Chair of the Council on Environmental Quality Katie McGinty stated the following, “I’m increasingly of the view that we should just drop these utah [sic] ideas. we [sic] do not really know how the enviros will react and I do think there is a danger of ‘abuse’ of the withdraw/antiquities authorities especially because these lands are not really endangered.”

Could there be any clearer statement of the prioritization of political ideology over the will of people?

The monument was designated in the waning months of Clinton’s re-election campaign. Its total acreage: 1.7 million — three times the size of Rhode Island. No town halls, no public meetings, and no public comment sessions were ever held in Utah. No input was solicited from local stakeholders or land managers in the area. Utah’s governor, congressional delegation, public officials, and residents from across the state all expressed outrage at the lack of prior consultation or warning of the designation. In what feels like symbolism, the proclamation wasn’t even signed in Utah; it was signed in Arizona.

Read the full op-ed at the Washington Examiner

What They Are Saying: Democrats Call for Antiquities Act Transparency

October 11, 2017 — The following was released by the House Committee on Natural Resources through its newsletter The Scope:

If there’s anything we learned from the recent national monument review and decades of Antiquities Act (Act) abuse, it’s that Republicans and Democrats finally want the same thing: transparency and public input in the Act’s uses.

Ironically, for Democrats, it’s also an admission of the underlying problem – a statute that provides the president with unilateral authority to dictate national monument decisions in secrecy and without public input. It’s a recognition that the only path to creating the accountability we all seek – no matter which party controls the White House – is to amend the Act itself.

Thankfully, we have a solution: Chairman Bishop’s “National Monument Creation and Protection Act” or “CAP Act.”

Over the past months, Democrats have gone above and beyond to argue the importance of transparency in the executive’s use of the Act and for local communities to have a voice in the process. Well, we agree.

TRANSPARENCY:

  • Ranking Member Raul Grijalva (D-AZ): “It has been opaque and it has been contrived.”
  • Ranking Member Raul Grijalva: “…let’s see some transparency and public accountability.”
  • Rep. Ruben Kihuen (D-NV): “It’s obviously very, very disappointing in the lack of specificity and transparency.”
  • Rep. Salud Carbajal (D-CA): “The American people deserve to know what the President’s intentions are.”
  • Rep. Donald McEachin (D-VA): “[T]he American people deserve transparency and honesty.”
  • Rep. Madeleine Bordallo (D-Guam): “The people of Guam deserve transparency…”

NOTE: While protecting the chief executive’s authority to designate monuments, the “CAP Act” requires proper environmental review and safeguards for public notice and coordination.

PUBLIC INPUT:

  • Sen. Ron Wyden (D-OR): “…should focus on addressing local input…”
  • Rep. Ruben Kihuen: “This whole process has been a sham. There hasn’t been transparency… listen to the American people.”
  • Rep. Grace Napolitano (D-CA): “…zero interest in hearing directly from the people who would be most impacted.”
  • Rep. Grace Napolitano: “…listen to my constituents as well as local stakeholders on what the monument means to our community.”
  • Sen. Martin Heinrich (D-NM): “It doesn’t come as a surprise that local voices were not taken into consideration…”
  • Sen. Martin Heinrich: “…a sloppy, inaccurate, and Washington-first work product devoid of local engagement. [N]ew Mexicans…are in the dark about what is going to happen…”

NOTE: While protecting the chief executive’s authority to designate monuments, the “CAP Act” requires all county commissions, state legislatures, and Governors in the area to approve of new monuments between 10,000 and 85,000 acres.

POLITICALLY DRIVEN PROCESS:

  • Sen. Jeff Merkley (D-OR): “…a politically driven process.”
  • Rep. Grijalva: “…choosing to appease… special interest friends instead of listening to the American people.”
  • Sen. Martin Heinrich: “It’s clear this…is a politically driven attempt by Washington.”
  • Sen. Martin Heinrich: “The public deserves better than predetermined political conclusions based on hearsay and claims that are easily disproven if the department had actually taken the time to listen to and work with local communities.”

NOTE: The “CAP Act” allows the president to make unilateral designations to protect resources under imminent threat while imposing public input requirements for larger monuments. It would end the era of politically motivated land grabs taking place in the dark of night, while restoring the Act’s intent.

Bill proposes curtailing president’s power to create national monuments under Antiquities Act

October 11, 2017 — WASHINGTON — A Utah congressman has introduced a bill that he claims will restore the original intent of the Antiquities Act.

Bill sponsor U.S. Rep. Rob Bishop said the “National Monument Creation and Protection Act” aims to rid the 111-year-old law, which gives presidents the ability to set aside areas to protect their natural, cultural or scientific features, of political manipulation. If passed into law, the bill would severely cut back the president’s unilateral ability to create national monuments.

Bishop, a Republican, also serves as chairman of the House Natural Resources Committee, which is scheduled to review the bill Wednesday afternoon.

Read the full story at Seafood Source

Subcommittee Chairmen Respond to Antiquities Act Reform Legislation

October 10, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Tomorrow, the Committee will markup H.R. 3990, the “National Monument Creation and Protection Act” or “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.

“The Constitution gives to Congress alone the jurisdiction over public lands. While the executive should be able to move swiftly to protect small archeological sites from imminent threat of looting or desecration, the decision over whether to set aside vast portions of land in perpetuity should only be made after the lengthy debate, public input and accountability that are the unique attributes of the legislative branch,” Subcommittee on Federal Lands Chairman Tom McClintock (R-CA) said. 

“Our government works best when it works with the people it serves to accomplish objectives for the common good. For too long, our leaders have not adhered to these principles. The ‘National Monument Creation and Protection Act’ seeks to protect the public’s interests from executive overreach through collaboration with local stakeholders, comprehensive review of monument designations and congressional direction on any future presidential monument reductions. I thank Chairman Bishop for his leadership on this issue and look forward to passage of this important legislation,” Subcommittee on Oversight and Investigations Chairman Bruce Westerman (R-AR) stated.

“When Teddy Roosevelt created the Antiquities Act, his intent was to set aside unique areas of land, not to cutoff millions of acres for the federal government to control that produces no revenue or benefit – all while hurting local governments. Through the years, the abuse of this power has snowballed to a point where President Obama designated more acreage during his Presidency than all other Presidents combined. This process unfairly eliminates local input altogether and severely limits the public’s access to hunting, fishing, and other recreational activities as well as reasonable resource development on their public lands. It is important that the decision to designate or expand national monuments is returned to Congress, where the local citizens and communities can have a say,” Subcommittee on Indian, Insular and Alaska Native Affairs Chairman Doug LaMalfa (R-CA) said.

“This legislation secures a future for locally supported national monuments, checked executive authority, and empowered local governments. The original intent of the Act is upheld and strengthened with measures that bring us into the twenty-first century. I firmly believe this will provide the accountability we need when it comes to protecting our lands,”Subcommittee on Water, Power and Oceans Chairman Doug Lamborn (R-CO) stated.

“Regardless of political affiliation, presidents on either side of the aisle shouldn’t be able to create massive new national monuments by executive fiat without local public input. It is, after all, the people living near these national monuments that are most affected by their creation. Our nation’s public resources are best managed when the people that use those lands are intimately involved in the process. Chairman Bishop’s ‘National Monument Creation and Protection Act’ protects private property rights and empowers local stakeholders while also including important clarifying definitions that should have been included in the original law. I am grateful for his strong leadership on this issue and am proud to be a cosponsor,” Subcommittee on Energy and Mineral Resources Chairman Paul Gosar (R-AZ) said.

Rep. Rob Bishop: Antiquities Act is a Menace to Constitutional Government

October 10, 2017 — You heard it in your high school civics class: America has “a government of laws and not of men.” The rule of law is the basis of the constitutional order erected by the Founders. “A government with unpredictable and arbitrary laws poisons the blessings of liberty itself.” The first axiom is from John Adams, the second is from James Madison. Their sentiments were universal in the founding generation and ought to continue today. Checks and balances have no teeth when our leaders can disregard the laws and rule according to their whims.

I said that the rule of law should still be the foundation of our politics. Unfortunately, that certainly does not mean it is not threatened. There is no more flagrant violation of this principle of our government than the repeated abuse of the Antiquities Act in the designation of national monuments.

Passed in 1906 authorizing the president to protect “antiquities,” or objects of historic interest under imminent threat, the plain language of the law requires that all designations be “confined to the smallest area compatible with proper care and management of the objects to be protected.”

The act is not difficult to understand. It is not ambiguous. Any honest reading reveals that it was created to protect “landmarks,” “structures,” and “objects” – not vast swaths of land.

Read the full opinion piece at the Washington Examiner

Chairman Bishop Releases Antiquities Act Reform Legislation

WASHINGTON — October 10, 2017 — The following was released by the House Natural Resources Committee:

The Full Committee will hold a markup on Wednesday, October 11, 2017 at 4:00 PM until 6:00 PM in 1334 Longworth House Office Building, to consider H.R. 3990 (Rep. Rob Bishop of UT), the “National Monument Creation and Protection Act,” and H. Res. 555 (Rep. Raul Grijalva of AZ).

Chairman Bishop released the following statement:

“The 1906 Antiquities Act was originally intended as an executive tool to protect historical and archeological artifacts and structures under threat. Regrettably, this worthy goal has been manipulated for ulterior political purposes. Today the Act is too often used as an excuse for presidents 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 provides for accountability in the Act’s uses. It modernizes the law to restore its intent, allowing for the protection of actual antiquities without disenfranchisement of local voices and perspectives. It standardizes and limits the president’s power to reshape monuments.

“If my colleagues are serious about their calls for accountability under this Act – no matter which party controls the White House – they will support this bill.”

  • H.R. 3990 (Rep. Rob Bishop of UT), To amend title 54, United States Code, to reform the Antiquities Act of 1906, and for other purposes. “National Monument Creation and Protection Act.”
  • H. Res. 555 (Rep. Raul Grijalva), Of inquiry requesting the President and directing the Secretary of the Interior to transmit, respectively, certain documents and other information to the House of Representatives relating to the executive order on the review of designations under the Antiquities Act.
WHAT: Full Committee Markup on H.R. 3990 and H. Res. 555
WHEN: Wednesday, October 11
4:00 PM-6:00PM
WHERE: 1334 Longworth House Office Building

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.

NCFC Member Grant Moore Joins Sen. Lee, Chairman Bishop on Antiquities Act Panel in Washington

WASHINGTON (Saving Seafood) – October 4, 2017 – Grant Moore, president of NCFC member the Atlantic Offshore Lobstermen’s Association, joined Utah Senator Mike Lee and House Natural Resources Chairman Rob Bishop in a Heritage Foundation panel today on Capitol Hill to discuss national monuments and the Antiquities Act.

At the panel, “National Monuments and the Communities They Impact: Views Beyond the Beltway,” Mr. Moore criticized last year’s designation of the Northeast Canyons and Seamounts Marine National Monument by President Barack Obama, which he said lacked sufficient industry input and public deliberation. The monument designation affects fisheries worth more than $100 million, he said.

“We’re not opposed to monuments,” Mr. Moore said. “We’re opposed to the process in which it was done. It was not transparent. It was not open. If we hadn’t stumbled upon what was happening, we would have had a signature and we wouldn’t have had a say at all.”

Mr. Moore complimented Chairman Bishop for meeting with fishermen and listening to their story in a visit to New Bedford, Mass., last year arranged by Saving Seafood’s National Coalition for Fishing Communities. He also praised another meeting organized by the NCFC earlier this year in which Interior Secretary Ryan Zinke met with fishermen in Boston as part of his review of national monuments.

Secretary Zinke has reportedly recommended to President Donald Trump that commercial fishing be allowed in the Northeast Canyons and Seamounts Monument. The Atlantic Offshore Lobstermen’s Association, based in Newport, R.I., was one of eleven NCFC member organizations that publicly voiced its support for the Secretary’s reported recommendations. At today’s panel, Mr. Moore praised these recommendations, but called them a “Band Aid” that would not prevent the Antiquities Act from being misused to create large national monuments in the future.

“We need to reform the Antiquities Act so it’s not abused,” Mr. Moore said. “Nobody should have the power with the stroke of a pen to put people out of business. Nobody. It has to go through a public process.”

In his remarks, Senator Lee also called for changes to the Antiquities Act. “What’s needed is a wholesale reform of the Antiquities Act to return its monumental power back to where it belongs – to the people who reside closest to the proposed monuments,” he said. “Local residents must have ultimate say over whether their communities can be upended in this way.”

Chairman Bishop discussed the original intent of the Antiquities Act to save endangered antiquities while leaving the smallest footprint possible. But with national monuments now frequently encompassing hundreds of millions of acres, he argued that they are no longer leaving the smallest footprint possible.

“What started as something noble and grand turned into something far different, far less, and it is time now to reform it and make it useful again,” Chairman Bishop said. “The Antiquities Act desperately needs some kind of reform because it is being abused today.”

Watch the full panel here

Bills to Modernize Endangered Species Act Advance through Committee

October 4, 2017 — The following was released by the House Natural Resources Committee:

Today, the House Committee on Natural Resources passed five bills to reform the Endangered Species Act (ESA). Chairman Rob Bishop (R-UT) issued the following statement:

“The ESA is a landmark statute created with noble intent. It also includes fatal design flaws that inhibit greater success and handicap state-led, science-based recovery strategies. These flaws must be addressed and the law must be modernized. This slate of bills provides a framework for this discussion that we will build upon in coordination with the Senate, Trump administration, states and all interested stakeholders. I thank the bill sponsors for their work on these important pieces of legislation and look forward to our work ahead.”

H.R. 424 (Rep. Collin Peterson, D-MN), the “Gray Wolf State Management Act of 2017,” reissues the final rules from the Fish and Wildlife Service (FWS) to delist the gray wolf in the Western Great Lakes region and maintains effective state wolf management in Wyoming. The bipartisan bill passed by a vote of 26-14.

H.R. 717 (Rep. Pete Olson, R-TX), the “Listing Reform Act,” allows for the consideration of economic factors in threatened listing decisions. It also provides flexibility to agencies’ prioritization in processing listing petitions, which relieves FWS from excessive litigation and allows more resources to be used for species conservation and recovery. It passed by a vote of 22-13.

H.R. 1274 (Rep. Dan Newhouse, R-WA), the “State, Tribal and Local Species Transparency and Recovery Act,” fosters greater cooperation between the federal government and states by ensuring state, local and tribal scientific data is factored into ESA species listing decisions. The bill passed by a vote of 22-14.

H.R. 2603 (Rep. Louie Gohmert, R-TX), the “Saving America’s Endangered Species Act” or “SAVES Act,” removes duplicative permitting requirements for interstate movement of nonnative endangered species enhancing opportunities for conservation. The bipartisan “SAVES Act” passed by a vote of 22-16.

H.R. 3131 (Rep. Bill Huizenga, R-MI), the “Endangered Species Litigation Reasonableness Act,” combats the recent proliferation of ESA-related litigation by capping attorneys’ fees to the same reasonable levels allowed for other types of citizen lawsuits against the government. It passed by a vote of 22-16.

Click here to view full markup action.

 

MASSACHUSETTS: Mayor Mitchell testifies in front of Congress on Magnuson-Stevens

September 27, 2017 — NEW BEDFORD, Mass. — Mayor Jon Mitchell traveled to the nation’s capital Tuesday to speak on potential improvements to the Magnuson-Steven Act, which governs marine fishery management in the United States.

He spoke to the Subcommittee on Water, Power and Oceans regarding one key theme: flexibility.

“What New Bedford has to say about commercial fishing carries weight in the halls of Congress,” Mitchell said. “We are the biggest commercial fishing port in the country. We should have a seat at the table when Congress goes about reforming our nation’s fisheries laws.”

Mitchell was invited to testify by Natural Resources Committee Chairman Rob Bishop who visited New Bedford last year. Though invited by the Republicans to speak in front of Congress, the Democratic mayor pitched bi-partisan ideas in the reauthorization of the act.

“What’s really interesting is there isn’t a great deal of difference between the Democratic and Republican reauthorization bills,” Mitchell said. “I testified as much.”

While in Washington, D.C., he also met with Nancy Pelosi, the House minority leader, to discuss tax reform in cities as well as infrastructure. Away from fishing, he also met with Sen. Dick Durbin of Illinois, who co-sponsored the DREAM Act aimed at helping resurrect DACA.

Read the full story at the New Bedford Standard-Times

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