text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``National Monument Creation and 
  Protection Act'' or the ``National Monument CAP Act''.
  
  SEC. 2. LIMITATION ON SIZE; CLARIFICATION OF ELIGIBLE OBJECTS.
  
      Section 320301 of title 54, United States Code, is amended--
              (1) in subsection (a), by striking ``historic landmarks, 
          historic and prehistoric structures, and other objects of 
          historic or scientific interest'' and inserting ``object or 
          objects of antiquity'';
              (2) in subsection (b), by striking ``confined to the 
          smallest area compatible with the proper care and management of 
          the objects to be protected'' and inserting ``in accordance 
          with the limitations outlined in subsections (e), (f), (g), and 
          (h)''; and
              (3) by adding at the end the following:
      ``(e) Limitation on Size of National Monuments.--Except as provided 
  by subsections (f), (g), and (h), after the date of the enactment of 
  this subsection, land may not be declared under this section in a 
  configuration that would create a national monument--
              ``(1) that is more than 640 acres; and
              ``(2) whose exterior boundary is less than 50 miles from 
          the closest exterior boundary of another national monument 
          declared under this section.
      ``(f) Exception for Monuments of Less Than 5,000 Acres.--Subsection 
  (e) shall not apply to the designation of a national monument under 
  this section if the national monument so designated--
              ``(1) would be less than 5,000 acres;
              ``(2) would have all exterior boundaries 50 miles or more 
          from the closest exterior boundary of another national monument 
          declared under this section; and
              ``(3) has been reviewed under the National Environmental 
          Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Secretary of 
          the Interior or the Secretary of Agriculture, as appropriate.
      ``(g) Exception for Monuments of 5,000 Acres and up to 10,000 
  Acres.--
              ``(1) In general.--Subsection (e) shall not apply to the 
          designation of a national monument under this section if the 
          national monument so designated--
                      ``(A) would be at least 5,000 acres but not more 
                  than 10,000 acres; and
                      ``(B) would have all exterior boundaries 50 miles 
                  or more from the closest exterior boundary of another 
                  national monument declaration under this section.
              ``(2) Other requirement.--A monument described in this 
          subsection shall be subject to the preparation of an 
          environmental assessment or environmental impact statement as 
          part of a review under the National Environmental Policy Act of 
          1969 (42 U.S.C. 4321 et seq.). The choice of environmental 
          review document shall be within the discretion of the Secretary 
          of the Interior or the Secretary of Agriculture, as 
          appropriate.
      ``(h) Exception for Monuments 10,000 Acres and up to 85,000 
  Acres.--Subsection (e) shall not apply to the designation of a national 
  monument under this section if the national monument so designated--
              ``(1) would be at least 10,000 acres but not more than 
          85,000 acres;
              ``(2) would have all exterior boundaries 50 miles or more 
          from the closest exterior boundary of another national monument 
          declaration under this section; and
              ``(3) has been approved by the elected governing body of 
          each county (or county equivalent), the legislature of each 
          State, and the Governor of each State within whose boundaries 
          the national monument will be located (and the Governor of each 
          such State has transmitted a copy of each such approval to the 
          President).
      ``(i) Exception for Emergency Designation.--
              ``(1) In general.--Subsection (e) shall not apply to the 
          designation under this section of a national monument of any 
          acreage amount if designation is made to prevent imminent and 
          irreparable harm to the object or objects of antiquity to be 
          protected by the designation.
              ``(2) One year limitation.--A national monument designation 
          under this subsection shall terminate on the date that is one 
          calendar year after the date of the designation.
              ``(3) One time designation.--Land designated as a national 
          monument under this subsection--
                      ``(A) may only be so designated one time; and
                      ``(B) may not also be permanently designated as a 
                  national monument under this section.
              ``(4) Rights and uses.--Land designated as a national 
          monument under this subsection shall remain subject to--
                      ``(A) valid existing rights; and
                      ``(B) uses allowed on the day before such 
                  designation under an applicable Resource Management 
                  Plan or Forest Plan.
      ``(j) Presidential Authority To Reduce Size of Declared 
  Monuments.--The President may--
              ``(1) reduce the size of any national monument declared 
          under this section by 85,000 acres or less; or
              ``(2) reduce the size of any national monument declared 
          under this section by more than 85,000 acres only if the 
          reduction--
                      ``(A) has been approved by the elected governing 
                  body of each county (or county equivalent), the 
                  legislature of each State, and the Governor of each 
                  State within whose boundaries the national monument 
                  will be located (and the Governor of each such State 
                  has transmitted a copy of each such approval to the 
                  President); and
                      ``(B) has been reviewed under the National 
                  Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                  seq.) by the Secretary of the Interior or the Secretary 
                  of Agriculture, as appropriate.
      ``(k) Non-Federally Owned Property.--After the date of the 
  enactment of this subsection, land may not be declared as a national 
  monument under this section in a configuration that would place non-
  federally owned property within the exterior boundaries of the national 
  monument without the express written consent of the owners of that non-
  federally owned property.
      ``(l) Effect of Declaration on Federal Funds.--No declaration under 
  this section shall be construed to increase the amount of Federal funds 
  that are authorized to be appropriated for any fiscal year.
      ``(m) Water Rights Associated With a Declaration.--Water rights 
  associated with a declaration under this section--
              ``(1) may not be reserved expressly or by implication by a 
          declaration under this section; and
              ``(2) may be acquired for a declaration under this section 
          only in accordance with the laws of the State in which the 
          water rights are based.
      ``(n) Definitions.--For the purposes of this section:
              ``(1) Declaration; declared.--The terms `declaration' and 
          `declared' shall only include the creation or expansion of a 
          national monument under this section.
              ``(2) Land.--The term `land' shall not include submerged 
          land or water.
              ``(3) Object or objects of antiquity.--
                      ``(A) The term `object or objects of antiquity' 
                  means--
                              ``(i) relics;
                              ``(ii) artifacts;
                              ``(iii) human or animal skeletal remains;
                              ``(iv) fossils (other than fossil fuels); 
                          and
                              ``(v) certain buildings constructed before 
                          the date of the enactment of this subsection.
                      ``(B) The term `object or objects of antiquity' 
                  does not include--
                              ``(i) natural geographic features; and
                              ``(ii) objects not made by humans, except 
                          fossils (other than fossil fuels) or human or 
                          animal skeletal remains.''.
target: National Monument Creation and Protection Act This bill amends the Antiquities Act of 1906 to allow the President to declare by public proclamation an object or objects of antiquity (currently, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest) that are situated on lands owned or controlled by the federal government to be national monuments. &quot;Objects of antiquity&quot; means relics, artifacts, human or animal skeletal remains, fossils, and certain buildings constructed before enactment of this bill. The bill prescribes limits on land that may be declared to be a national monument based on acreage, proximity to other national monuments, whether it has been reviewed by the Department of the Interior or Agriculture (USDA) under the National Environmental Policy Act, and whether it has been approved by each county and state within whose boundaries it will be located. Such limitation shall not apply to a designation made to prevent imminent and irreparable harm to the object or objects of antiquity to be protected. Such exception shall end after one year and may be used only once.  The President may reduce the size of any declared national monument: (1) by 85,000 acres or less; or (2) by more than 85,000 acres only if the reduction has been approved by each county and state within whose boundaries the monument will be located and reviewed by Interior or USDA under the National Environmental Policy Act.  The bill prohibits any land from being declared as a national monument in a configuration that would place nonfederally owned property within the monument without first obtaining the owners' written consent. 
feat_title: National Monument Creation and Protection Act