Bill would require Congress to approve large federal land restrictions

A federal agency could carry out a covered land withdrawal only with Congress’s express approval. This covers withdrawals totaling more than 5,000 acres that limit land disposal, mining, energy development, or certain transfers between federal agencies. Congressional approval would not be required for a temporary public land order that lasts no more than five years, is not extended, and is necessary for national security as determined by the President.

A presidential designation could not create a monument larger than 640 acres if its boundary would be less than 50 miles from another presidentially designated monument. The rule would cover land designated or added to a national monument by the President, but not submerged land or water. This limit would apply to designations made after enactment.

The President could designate a monument of any acreage to prevent imminent and irreparable harm to specific objects of antiquity. The emergency route would protect eligible antiquities, such as artifacts, human remains, or nonfuel fossils. General, speculative, or long-term environmental changes would not qualify unless they pose an immediate threat to a specific antiquity. The same land could use this emergency route only once and could not also receive a permanent designation. Existing rights and uses allowed by the applicable land plan on the previous day would continue. An emergency designation would end one calendar year after it is made.

Presidential monuments could protect only defined objects of antiquity and could include nonfederal property only with its owners’ written consent. Eligible objects would include human remains, nonfuel fossils, and certain human-made items or buildings. Broad natural or scenic features, including landscapes and ecosystems, would not qualify; neither would general “values.” For buildings, eligibility would depend on construction before enactment; owner consent would apply to designations made after enactment.

A presidential monument designation could not reserve water rights or be read as increasing federally authorized funding. The funding rule would apply to each budget year, while the water rule would cover water rights tied to a monument designation. Water rights for a monument could be acquired only under the law of the state where those rights are based.