Representative Hanabusa's Statement on H.R. 3990, the National Monument Creation and Protection Act

Press Release

Yesterday afternoon, the House Committee on Natural Resources met for a full committee markup and considered two proposed bills, including H.R. 3990: National Monument Creation and Protection Act, introduced by Natural Resources Chairman Bishop. This bill would amend the Antiquities Act (54 USC 320301) to limit the scope of the presidential authority to designate future national monuments on federal land.

Established in 1906, the Antiquities Act was the first United States law providing general protection for natural resources which were, at the time, subject to looting and destruction of archaeological sites. Since its passage, the Antiquities Act has been used by 16 presidents -- from Theodore Roosevelt to Barack Obama -- to designate national monuments for the protection of natural resources for the benefit of all Americans. Recent proclamations establishing monuments in Hawaii include Honouliuli National Monument and Papahānaumokuākea Marine National Monument.

In his proclamation dated February 24, 2015, President Obama wrote that "Honouliuli serves to remind every American about the critical importance of safeguarding civil liberties and maintaining our values during times of crisis. It is important to recognize Honouliuli as a part of our shared national heritage and national consciousness. It is a place to reflect on wartime experiences and recommit ourselves to the pursuit of freedom and justice." Further, President Obama noted that "Honouliuli is nationally significant for its central role during World War II as an internment site for a population that included American citizens, resident immigrants, other civilians, enemy soldiers, and labor conscripts co-located by the U.S. military for internment or detention."

On June 15, 2006, President George W. Bush established the Northwestern Hawaiian Islands (NWHI) Marine National Monument to protect an exceptional array of natural and cultural resources. A year later, NWHI was given its Hawaiian name, Papahānaumokuākea and on August 26, 2016, President Obama signed a proclamation expanding Papahānaumokuākea to 582,578 square miles, the largest protected area, terrestrial or marine, on the planet.

H.R. 3990, as proposed, would restrict the President's authority to "objects or objects of antiquity" which is defined as relics, artifacts, human or animal skeletal remains, fossils and certain buildings constructed before the date of the enactment of the proposed bill. It does not include natural geographic features and objects not made by humans, except fossils or human and animal skeletal remains. The bill also provides that the term land shall not include submerged land or water and water rights may not be reserved expressly or by implication but may be acquired in accordance with the laws of the State in which the water rights are based. The bill also limits the size of monuments to four discrete size categories: up to 640 acres, less than 5,000 acres, 5,000 - 10,000 acres and 10,000 to 85,000 acres. Additionally, no monument may be designated within 50 miles of an existing national monument.

"H.R. 3990 is an attempt to significantly redefine and limit the future use of the Antiquities Act," said Representative Hanabusa. "Historically, the Antiquities Act has been used to protect natural resources for their beauty and significance in American history and for their value in America's heritage. H.R. 3990 restricts future national monument designations to man-made and other non-natural objects and excludes natural geographic features, such as the 1.35 million acres Bears Ears National Monument in southeastern Utah. The bill also requires approval by elected governing bodies of each county and the legislature and Governor of each state when the area designated is between 10,000 and 85,000 acres."

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