HomeMy WebLinkAbout2018-09-25 - AGENDA REPORTS - FED LEGISLATION H.R. 3990 (2)Agenda Item: 3
DATE: September 25, 2018
SUBJECT: FEDERAL LEGISLATION: H.R. 3990
DEPARTMENT: City Manager's Office
PRESENTER: Michael Murphy
RECOMMENDED ACTION
City Council "oppose" H.R. 3990 and transmit statements of position to House of
Representatives Committee on Natural Resources Chairman Rob Bishop (R -UT -1),
Representative Steve Knight (R -CA -25), Senator Dianne Feinstein (D -CA), Senator Kamala
Harris (D -CA), and members of appropriate committees in Congress.
BACKGROUND
On October 6, 2017, House of Representatives Committee on Natural Resources Chairman Rob
Bishop (R -UT -1) introduced H.R. 3990, the National Monument Creation and Protection Act.
The bill grows out of a controversy originating in the State of Utah, wherein President Barack
Obama designated the 1,353,000 acres Bears Ears National Monument, under authority reserved
to the President through the Antiquities Act of 1906. That designation occurred on December
28, 2016, less than one month before President Obama left office.
On April 26, 2017, President Donald Trump issued an Executive Order requiring a review of all
national monuments established under the Antiquities Act of 1906, dating back to January 1,
1996. The Executive Order limited the review to those designations of 100,000 acres or more,
where an expansion of a previously existing national monument resulted in the size of the
national monument being 100,000 acres or more, or where a designation or expansion was made
"without adequate public outreach and coordination with relevant stakeholders."
Twenty-seven national monuments fell within the purview of the Executive Order, including the
346,177 acres San Gabriel Mountains National Monument (SGMNM). That national monument
was designated by President Obama on October 10, 2014, under authority of the Antiquities Act
of 1906. The SGMNM is wholly within the bounds of the federally owned Angeles National
Forest.
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Upon conclusion of the national monuments review by the Secretary of the Interior, it was
recommended that 10 national monuments, including two within the State of Utah, Bears Ears
and Grand Staircase Escalante, be modified. In December 2017, President Trump specifically
reduced the size of Bears Ears National Monument. The President's authority for the reduction
is now the subject of litigation in the federal courts.
The central issues within the national monument discussion relate to specific conditions under
which a President may designate new national monuments or provide for the expansion of
existing national monuments under the Antiquities Act of 1906. Furthermore, the law is silent
on whether a President has the authority to reduce the size of a national monument established by
a predecessor under the Antiquities Act of 1906. Some legal scholars will argue that the
President has implied authority, since the law does not explicitly prohibit a reduction action.
Others will argue that in the absence of explicit statutory authority, a President may not reduce a
national monument, as established by a predecessor under the Antiquities Act of 1906.
H.R. 3990 outlines specific authority of a President to establish or expand national monuments to
only the protection of "object or objects of antiquity" and eliminates broader existing criteria
related to "historic landmarks, historic and prehistoric structures, and other objects of historic or
scientific interest." The bill also creates specific protocols for establishment of national
monuments of certain size categories, which in some cases may require state and county
approvals as well as completion of environmental review under the National Environmental
Policy Act. Finally, the bill explicitly grants statutory authority to a President to reduce the size
of national monuments established by a predecessor.
In the case of the San Gabriel Mountains National Monument, President Obama made the
designation after the failure of Congress to enact H.R. 4858 during the 1141' Congress. The
measure, sponsored by Representative Judy Chu (D -CA 27), sought to create a congressionally
established SGMNM. The Santa Clarita City Council voted unanimously to support H.R. 4858
on July 8, 2014. In October 2015, Representative Chu introduced H.R. 3820, which sought to
expand the boundaries of the SGMNM and establish the San Gabriel National Recreation Area.
The City Council voted unanimously to support H.R. 3820 on December 8, 2015. That bill was
not enacted into law.
On June 13, 2017, the Santa Clarita City Council voted unanimously to approve a five -signature
letter to United States Department of the Interior Secretary Ryan Zinke expressing the City
Council's support for retention of the San Gabriel Mountains National Monument as it was
designated by President Obama on October 10, 2014.
The proposed changes in law as contemplated within H.R. 3990 are in direct contrast to past
actions taken by the City Council. The Antiquities Act of 1906 is typically employed by a
President when Congress fails to act and there is strong local support in a region for a national
monument designation to occur, as was the case with the San Gabriel Mountains National
Monument. Concern exists that if H.R. 3990 is enacted into law, the current or a future President
could reduce the size of the San Gabriel Mountains National Monument. This would create
uncertainty for the smooth and continuous operation of the national monument created under the
Antiquities Act of 1906. This uncertainly could result in state, regional and local jurisdictions
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being unwilling to invest resources in connecting with the national monument or partnering with
the federal government to optimize access to and/or use of a national monument. Funding
opportunities to enhance the national monument could be missed due to potential uncertainty
over the long-term land designation.
Finally, the 2018 City of Santa Clarita Legislative Platform advises that the City will "support
legislation to increase funding for, creating enhancements to, or expanding the boundaries of the
San Gabriel Mountains National Monument."
H.R. 3990 was considered by the House Committee on Natural Resources on October 11, 2017,
and ordered to be favorably reported out of the committee. No further action on the measure has
taken place during the past eleven months.
As H.R. 3990 is in direct contrast to previous actions of the Santa Clarita City Council, City staff
recommends that the City Council oppose H.R. 3990.
ALTERNATIVE ACTION
1. Support H.R. 3990.
2. Take no position on H.R. 3990.
3. Refer H.R. 3990 to the City Council Legislative Committee for further consideration.
4. Other action as determined by the City Council.
FISCAL IMPACT
Implementation of the recommended action does not require any additional resources beyond
those contained within the City's adopted FY 18-19 budget.
ATTACHMENTS
HR 3990 (Bishop) 115th Congress
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.AUTHENnc-..>rED 774
- GOVERN_NT
iNror.M anoN
GPO
I
115Th CONGRESS
1 H. R. 3990
sT SEssio
To amend title 54, United States Code, to reform the Antiquities Act of
1906, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 2017
2NL-. Bishop of Utah (for himself, 1N11'. LAMBORN, iNln JICCLINTOCK, iNln
GOSAR, iNln L_ .NIALFA, and iN1r. WESTER_MAN) introduced the following
hill; which was referred to the Committee on Natural Resources
A BILL
To amend title 541 United States Code, to reform the
Aiitigvtities Act of 1906, and for other ptuposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of tlhc United States of Atuerica in Congress assetubled,
3 SECTION 1. SHORT TITLE.
4 This Act ma -,T be cited as the "National Monument
5 Creation and Protection Act".
6 SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE
7 OBJECTS.
8 Section 320301 of title 541 United States Code, is
9 amended—
2
1 (1) in subsection (a), b -,r striking "historic land -
2 marks, historic and prehistoric structures, and other
3 olljects of historic or scientific interest" and insert -
4 ing "ollject or olljects of anticluit-Nr
5 (2) in subsection (b), b -,r striking "confined to
6 the smallest area compatible AN ith the proper care
7 and management of the olljects
to be protected"
and
8 inserting "in accordance Aiith
the limitations
out -
9 lined in subsections (e), (f), (g), and (h)"; and
10 (3) b -,r adding at the end the folloii ing:
11 "(e) LimITATION ON SIZE OF N TIO. �� ON -
12 MENTs.—Except as pi -m ided b -,r subsections (f), (g), and
13 (h), after the date of the enactment of this subsection,
14 land ma -,r not be declared under this section in a configura-
15 tion that Avould create a national monument -
16 "(1) that is more than 640 acres; and
17 "(2) whose exterior boundar-Nr is less than 50
18 miles from the closest exterior boundar-Nr of another
19 national mornlment declared under this section.
20 "(f) EXCEPTIO\ FOP 1 ONUMLNTs OF LLss THAN
21 5,000 At'xLs.—Subsection (e) shall not appl�T to the des -
22 ignition of a national monument under this section if the
23 national monument so designated -
24 "(1) Avould be less than 5,000 acres;
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1 "(2) Avould have all exterior boundaries 50
2 miles or more from the closest exterior boundai-Nr of
3 another national monument declared under this see -
4 tion; and
5 "(3) has been reviewed under the National En -
6 vironmental Polis -Nr Act of 1969 (42 U.S.C. 4321 et
7 sect.) b -,r the Secretai-Nr of the Interior or the Sec -
8 retai-Nr of Agriculture, as appropriate.
9 "(g) EXCEPTIO\ FOP, MONUMENT',-,' OF 5,000 ACRE'S'
10 AND UP TO 101000 �cxLs.-
11 "(1) IN GENER UL.—Subsection (e) shall not
12 appl�r to the designation of a national monument
13 under this section if the national monument so des -
14 ignated-
15 "(A) Avould be at least 5,000 acres but not
16 more than 10,000 acres; and
17 "(B) Avould have all exterior boundaries 50
18 miles or more from the closest exterior bound -
19 ai-Nr of another national mornlment declaration
20 under this section.
21 "(2) OTHER REQUIREMENT.—A monument de -
22 scribed in this subsection shall be subject to the
23 preparation of an environmental assessment or em i-
24 ronmental impact statement as part of a review
25 under the National Environmental Policv Act of
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1 1969 (42
U.S.C.
4321 et seq.). The
choice
of emi-
2 ronmental
review
document shall be
Avithin
the dis-
3 cretion of the SecretaiINr of the Interior or the See -
4 retai-Nr of Agriculture, as appropriate.
5 "(h) EXCEPTIO\ FOR MONUMENT,`,' UMENTs 10,000 �c xLs
6 AND UP TO 55,000 At'xLs.—Subsection (e) shall not appl�T
7 to the designation of a national monument under this see -
8 tion if the national monument so designated -
9 "(1) Avould be at least 10,000 acres but not
10 more than 55,000 acres;
11 "(2) Avould have all exterior boundaries 50
12 miles or more from the closest exterior boundai-Nr of
13 another national monument declaration under this
14 section; and
15 "(3) has been approved b -,r the elected gov-
16 erning bod-Nr of each count -Nr (or count -Nr equivalent),
17 the legislature of each State, and the Governor of
18 each State Avithin whose boundaries the national
19 monviment will be located (and the Governor of each
20 such State has transmitted a toff of each such ap-
21 proval to the President) .
22 "(i) EXCEPTIO\ Fox EMERGE\( DES'IG\ TIO .-
23
"(1)
IN GI NER UL.—Subsection
(e) shall
not
24
appl�r
to the designation
under this section
of a na-
25
tional
monument of annr
acreage amount if
designa-
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1 tion is made to prevent imminent and irreparable
2 harm to the object or objects of antiquit-Nr to be pro -
3 tected b -,r the designation.
4 "(2) W E YEAR LIMITTIO A national
5 momament designation under this subsection shall
6 terminate on the date that is one calendar year after
7 the date of the designation.
8 "(3) W E TIME DESIG.NATIo .—Land des -
9 ignited as a national monument under this sub -
10 section -
11 "(A) ma -\r 0111 -Nr be so designated one time;
12 and
13 "(B) ma -\r not also be permanentl-v des -
14 ignited as a national monument under this sec -
15 tion.
16 "(4) RIGHTS AND t SEs.—Land designated as a
17 national momament under this subsection shall re -
18 main subject to -
19 "(A) valid existing rights; and
20 "(B) uses allowed on the da -,r before such
21 designation under an applicable Resource Man -
22 agement Plan or Forest Plan.
23 "(j) PRESIDE TLU AUTHORITY To REDUCE SIZE OF
24 DECLARED MONUMENTS.—The President may -
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1 "(1) reduce the size of all -Nr national monument
2 declared under this section b -,r 85,000 acres or less;
3 or
4 "(2)
reduce
the
size of all -Nr national monument
5 declared
under
this
section b -,r amore than 85,000
6 acres only if the reductiorr-
7 "(A) has been approved b -\r the elected gov-
8 erning bod-Nr of each count -Nr (or count -Nr ecluiva-
9 lent), the legislature of each State, and the
10 Governor of each State Avithin whose boundaries
11 the national nlornlnlent Avill be located (and the
12 Governor of each such State has transmitted a
13 toff of each such approval to the President);
14 and
15 "(B) has been reviewed under the National
16 Environmental Polis -\r Act of 1969 (42 U.S.C.
17 4321 et sect.) b -\r the Secretar-Nr of the Interior
18 or the Secretar-Nr of Agriculture, as appropriate.
19 "(k) No.N-FEDER.U.I.Y OWNED PROPERTY. After
20 the date of the enactment of this subsection, land ma -\T
21 not be declared as a national monument under this section
22 in a configuration that Avould place non-federall-Nr owned
23 PIopert-Nr AT-ithirr the exterior boundaries of the national
24 rnornlrnent Avithout the express written consent of the own -
25 ers of that non-federall-Nr oAvned propert-\r.
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1 "(1) EFFECT OF DECLARATION o FEDER.U.
2 Ft vs.—No declaration under this section shall be con -
3 strued to increase the amount of Federal fiends that are
4 authorized to be appropriated for all -Nr fiscal gear.
5 "(In) WATER RIGHTS A,sO('L-TED WITH A DEC -
6 LAR - TIO\ .—Mater rights associated with a declaration
7 under this section -
8 "(1) ma -,r not be reseiTed expresshT or b -,r impli-
9 cation b -,r a declaration under this section; and
10 "(2) ma -,r be acquired for a declaration under
11 this section 0111 -NT in accordance ii ith the laws of the
12 State in which the water rights are based.
13 "(n) D FI ITIO s.—For the purposes of this section:
14 "(1) DECLARATION; DELL RED.—The terms
15 `declaration' and `declared' shall 0I11v include the
16 creation or expansion of a national monument under
17 this section.
18 "(2) LAND.—The term `land' shall not include
19 submerged land or Avater.
20 "(3) OBJECT OR OBJI cTs OF ANTIQUITY. -
21 "(A) The terra `object or objects of antiq-
22 city' means -
23 "(i) relics;
24 "(ii) artifacts;
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"(iii) human or animal skeletal re -
Mains;
"(iv) fossils (other than fossil fiaels);
and
"(v) certain buildings eonstl-taeted be-
fore the date of the enactment of this sub-
sectloll.
"(B) The term `object or objects of antiq-
uity' does not inehade—
"(i) natural geographic features; and
"(ii) objects not made b -,r humans, ex-
cept fossils (other than fossil fiaels) or
hnlllan or annual skeletal remains.".
O
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