S.Amdt. 161

SA 161. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 111 proposed by Ms. Murkowski (for herself and Mr.
Manchin) to the bill S. 47, to provide for the management of the
natural resources of the United States, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, add the following:

SEC. 24____. DESIGNATION OF NATIONAL MONUMENTS.

(a) In General.--Section 320301 of title 54, United States
Code, is amended--
(1) in subsection (a), by striking ``The President may, in
the President's discretion'' and inserting the following:
``After obtaining congressional approval of the proposed
national monument, certifying compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the proposed national monument, and receiving
from the Governor of each State in which the proposed
national monument is to be located notice that the State
legislature has enacted legislation approving the designation
of the proposed national monument, and subject to subsection
(e), the President may''; and
(2) by adding at the end the following:
``(e) Requirements for Declaration of Marine National
Monuments.--
``(1) Definition of exclusive economic zone.--In this
subsection, the term `exclusive economic zone' means the zone
established by Proclamation Number 5030, dated March 10, 1983
(16 U.S.C. 1453 note).
``(2) Requirements.--The President may not declare any area
of the exclusive economic zone to be a national monument
unless--
``(A) the declaration is specifically authorized by an Act
of Congress;
``(B) the President has certified compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to the proposed national monument;
``(C) the President has submitted to the Governor of each
State and each territory, any part of which is located within
100 nautical miles of the proposed national monument, a
proposal to make the declaration;
``(D) the Governor of each State and territory described in
subparagraph (C) submits to the President notice that the
legislature of the State or territory has approved the
proposal submitted under that paragraph; and
``(E) the declaration is substantially the same as the
proposal submitted under subparagraph (C).''.
(b) Restrictions on Public Use.--Section 320303 of title
54, United States Code, is amended--
(1) by striking ``The Secretary,'' and inserting the
following:
``(a) In General.--The Secretary,''; and
(2) by adding at the end the following:
``(b) Restrictions on Public Use.--The Secretary, or the
Secretary of Commerce, with respect to any area of the
exclusive economic zone (as defined in section 320301(e)(1))
designated as a national monument, shall not implement any
restrictions on the public use of a national monument until
the expiration of an appropriate review period (as determined
by the Secretary or the Secretary of Commerce, as applicable)
providing for public input and congressional approval.''.
______