H.R.2645 - Congressional Oversight of the Antiquities Act (119th Congress)
Summary
H.R.2645, the "Congressional Oversight of the Antiquities Act," aims to amend the Antiquities Act to increase congressional oversight of national monument designations. The bill introduces a limitation on the duration of national monument designations made by the executive branch under the Antiquities Act. Unless Congress acts to extend or modify it, a national monument designation would only be effective for six months or until the end of the current Congress, whichever is earlier.
Furthermore, the bill stipulates that if a national monument designation is not extended or is rejected by Congress, the land within its boundaries cannot be considered for future monument designations for 25 years. This aims to provide a check on executive power in designating national monuments.
The bill was introduced in the House of Representatives on April 3, 2025, and referred to the Committee on Natural Resources.
Expected Effects
The primary effect of H.R.2645 would be to shift power from the executive branch to the legislative branch regarding the establishment of national monuments. It would require congressional approval for national monument designations to become permanent.
This could lead to fewer national monuments being established or to more compromise and collaboration between the executive and legislative branches on conservation efforts. It could also lead to increased political gridlock and make it more difficult to protect natural resources and historical sites quickly.
Potential Benefits
- Increased congressional oversight could lead to more balanced decisions regarding land use and conservation.
- It may encourage greater collaboration between the executive and legislative branches.
- It could prevent potential overreach by the executive branch in designating national monuments without sufficient public input or scientific justification.
- The bill promotes greater transparency and accountability in the designation of national monuments.
- The bill ensures that local and state interests are considered in the designation process.
Potential Disadvantages
- The bill could significantly slow down or halt the creation of new national monuments, potentially endangering valuable natural and historical sites.
- The six-month window for congressional action may be insufficient to adequately assess the merits of a proposed national monument.
- The 25-year moratorium on redesignation could prevent future administrations from correcting past mistakes or responding to new scientific information.
- Increased political involvement could lead to decisions based on political considerations rather than scientific or conservation-based rationale.
- The bill could create uncertainty and instability for land management and conservation efforts.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. Article I, Section 1 vests all legislative powers in Congress, implying that Congress has the authority to regulate the Antiquities Act, which delegates power to the executive branch. The bill seeks to reassert congressional authority over the designation of national monuments, which could be seen as a valid exercise of legislative power.
However, the Antiquities Act was originally intended to allow the President to quickly protect federal lands and historic sites from damage and looting. Some may argue that this bill infringes on the executive branch's ability to fulfill its duty to protect federal property, potentially conflicting with the President's constitutional role.
Ultimately, the constitutionality of H.R.2645 would likely depend on judicial interpretation of the balance of power between the legislative and executive branches in the context of environmental and historical preservation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).