October 22, 2017

Bishop’s Bill, Not Yet Visible to Public, on Antiquities Act

Congressman Rob Bishop has introduced a bill, H.R. 3990, that, we are told, is intended to curb the authority of the sitting president to declare national monuments in a willy-nilly fashion. Will it? I don’t know. The bill has been introduced but the public has yet to be able to see any of the wording of the bill.

Below are press releases and statements made by others about the CAP Act.

Subcommittee Chairmen Respond to Antiquities Act Reform Legislation
WASHINGTON, D.C., October 10, 2017 –

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.

Bishop Statement on Antiquities Act Reform Bill

WASHINGTON, D.C., October 10, 2017 –

On Monday, Chairman Bishop announced the introduction and markup of the H.R. 3990, the National Monument Creation and Protection Act (CAP Act). He 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.”

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

WASHINGTON, D.C., October 11, 2017 –

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.  

 

 

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