Senate Joint Resolution No. 2–Committee on
Natural Resources
SENATE Joint RESOLUTION—Expressing opposition to the designation of a national monument by the President of the United States without obtaining the approval of each state and local government in which the national monument is located.
Whereas, The provisions of 16 U.S.C. §§ 431, 432 and 433,
commonly referred to as the Antiquities Act of 1906, authorize the
President of the United States to designate national monuments without
the approval of Congress or any state or local government in which the
national monument is located; and
Whereas, As part of designating a national monument pursuant to
those provisions, the President of the United States may reserve parcels of
public land to ensure the appropriate care and management of the national
monument, and the reservation of that public land must be confined to the
smallest area compatible with that care and management; and
Whereas, The designation of a national monument is often a subject of
controversy because the public lands that are included within the
designation are withdrawn from the public domain, thereby restricting
activities such as mining, ranching and recreation which provide an
economic benefit to state and local governments in which the national
monument is located; and
Whereas, Decisions concerning the use and management of public
lands within a state should be decided by the residents of that state acting
through their state and local representatives; and
Whereas, The unilateral designation of a national monument by the
President of the United States does not create beneficial partnerships
between states and the Federal Government concerning the management
of public lands within those states, instead, such a designation serves to
create enmity and to limit the ability of a state to manage its water
resources and the ability of state and local governments to develop plans
for conservation or otherwise participate in managing those public lands;
now, therefore,
Resolved by the Senate and Assembly of the State of Nevada,
Jointly, That the Legislature of the State of Nevada hereby opposes the
designation of a national monument by the President of the United States
without obtaining the approval of each state and local government in
which the national monument is located; and be it further
Resolved, That the President of the United States is hereby urged to
refrain from designating a national monument or from withdrawing public
lands from the public domain to create a national monument without
obtaining such approval; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy
of this resolution to the President of the United States, the Vice President
of the United States as the presiding officer of the Senate, the Speaker of
the House of Representatives and each member of the Nevada
Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
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