Mr. Adams, I am Derek Harley,
Congressman Wally Herger’s chief of staff.  Erin Ryan forwarded us a message that you sent to her inquiring about the status of a bill Mr. Herger introduced last Congress, HR 4703, to amend the
Antiquities Act to prohibit further monument designations (or expansions of existing ones) in California.  Mr. Herger indicated he spoke with you earlier today, and asked me to follow up with the
latest draft of his bill. 

Last session’s bill (HR 4703) hasn’t been reintroduced because Mr. Herger asked staff to review and re-draft it.  He is planning to introduce the new, stronger version before the House goes out of session this week (today or tomorrow).  I have attached a copy of the new bill for your review.  It has taken some time to finish the new draft and solicit cosponsors.  Currently, we have 5 cosponsors (Don Young; Chaffetz; Bishop; Lungren; McClintock) and the staff is working to secure others before we introduce it.  We don’t yet have a bill number but we will send that along to you when we do so you can share it with your friends and anyone else who is concerned with the unchecked authority granted to the President under the Antiquities Act.

Regarding the revisions, the version of the bill the Congressman introduced last Congress would have added “California” to language at the end of the Antiquities Act that currently exempts Wyoming from the Act (that language was added as a separate section to the Act in the 1950s).  After further research and discussions with a land use lawyer at the Congressional Research Service (CRS) and staff here, we wanted to re-visit that approach and draft new, stronger language that amends the original Antiquities Act language itself – gutting the president’s authority to act unilaterally by requiring
Congressional approval in any instance – as opposed to state by state exceptions (which in hindsight is good, but not as solid, we don’t believe, as it could be). 

Mr. Herger has also cosponsored legislation this Congress introduced by Congresswoman Virginia Foxx (NC) that would require states to agree before monuments can be approved.  He has also agreed to cosponsor a bill that will soon be introduced by Congressman Devin Nunes (CA) that creates a new
process.  We believe Mr. Herger’s is the strongest approach to this very real problem, and would appreciate any support you can solicit or provide.  

If you have any questions,
please don’t hesitate to contact me.  I would be happy to talk to
you.

-Derek

(202) 225-3076

Cosponsors so far: Don Young,
Chaffetz, McClintock, Rob Bishop, Lungren.