(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Joint Resolution No. 2–Committee on
Natural Resources

 

(On Behalf of Legislative Committee
on Public Lands)

 

February 15, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Expresses opposition to designation of national monument by President of United States without obtaining approval of each state and local government in which national monument is located. (BDR R‑723)

 

FISCAL NOTE:            Effect on Local Government: No.

                     Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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.

 

1-1    Whereas, The provisions of 16 U.S.C. §§ 431, 432 and 433,

1-2  commonly referred to as the Antiquities Act of 1906, authorize the

1-3  President of the United States to designate national monuments without the

1-4  approval of Congress or any state or local government in which the

1-5  national monument is located; and

1-6    Whereas, As part of designating a national monument pursuant to

1-7  those provisions, the President of the United States may reserve parcels of

1-8  public land to ensure the appropriate care and management of the national

1-9  monument, and the reservation of that public land must be confined to the

1-10  smallest area compatible with that care and management; and

1-11    Whereas, The designation of a national monument is often a subject of

1-12  controversy because the public lands that are included within the

1-13  designation are withdrawn from the public domain, thereby restricting

1-14  activities such as mining, ranching and recreation which provide an

1-15  economic benefit to state and local governments in which the national

1-16  monument is located; and

1-17    Whereas, Decisions concerning the use and management of public

1-18  lands within a state should be decided by the residents of that state acting

1-19  through their state and local representatives; and

2-1    Whereas, The unilateral designation of a national monument by the

2-2  President of the United States does not create beneficial partnerships

2-3  between states and the Federal Government concerning the management of

2-4  public lands within those states, instead, such a designation serves to create

2-5  enmity and to limit the ability of a state to manage its water resources and

2-6  the ability of state and local governments to develop plans for conservation

2-7  or otherwise participate in managing those public lands; now, therefore, be

2-8  it

2-9    Resolved by the Senate and Assembly of the State of Nevada,

2-10  Jointly, That the Legislature of the State of Nevada hereby opposes the

2-11  designation of a national monument by the President of the United States

2-12  without obtaining the approval of each state and local government in which

2-13  the national monument is located; and be it further

2-14    Resolved, That the President of the United States is hereby urged to

2-15  refrain from designating a national monument or from withdrawing public

2-16  lands from the public domain to create a national monument without

2-17  obtaining such approval; and be it further

2-18    Resolved, That the Secretary of the Senate prepare and transmit a copy

2-19  of this resolution to the President of the United States, the Vice President

2-20  of the United States as the presiding officer of the Senate, the Speaker of

2-21  the House of Representatives and each member of the Nevada

2-22  Congressional Delegation; and be it further

2-23    Resolved, That this resolution becomes effective upon passage.

 

2-24  H