AI Consensus Solution

National Monument Boundary Modification and Congressional Review Act

Mode: Executive Action Model: deepseek/deepseek-v4-flash Drafted: 2026.07.18
Unilateral Presidential action

Modifying the Grand Staircase-Escalante National Monument

Proclamation

Type
Proclamation
EO number
—
Signed
2026-07-17
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“AI Consensus” · Working Draft

National Monument Boundary Modification and Congressional Review Act

Adjust the boundaries of Grand Staircase-Escalante National Monument to allow for resource extraction and local land-use flexibility.

Constitutional concerns with the original

  1. The Antiquities Act of 1906 (16 U.S.C. § 431) grants the President authority to designate national monuments but does not expressly authorize boundary reductions; such modifications may exceed delegated executive power.
  2. The Property Clause (Article IV, Section 3, Clause 2) vests Congress with the power to dispose of and regulate federal lands, making unilateral presidential reductions a potential encroachment on legislative authority.
  3. Tenth Amendment: While federal lands are not state property, unilateral executive action that affects state interests in land management without statutory basis may undermine federalism principles.

Solution text

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. SHORT TITLE. This Act may be cited as the "National Monument Boundary Modification and Congressional Review Act". SEC. 2. FINDINGS. Congress finds that the Antiquities Act of 1906 authorizes the President to designate national monuments but does not expressly authorize the reduction or modification of monument boundaries. Congress further finds that any modification of a national monument affects the management of federal lands, a matter of national policy best decided by the elected representatives of the people. Congress also finds that providing a clear statutory process for boundary modifications will reduce litigation and promote certainty for all stakeholders. SEC. 3. REQUIREMENT FOR CONGRESSIONAL APPROVAL. (a) IN GENERAL. — No modification of the boundaries of any national monument designated under the Antiquities Act of 1906 shall take effect unless such modification is approved by a joint resolution of Congress. (b) SUBMISSION BY PRESIDENT. — The President may submit to Congress a proposed boundary modification, together with a detailed report explaining the rationale, environmental impacts, and consultation with affected states and tribes. (c) EXPEDITED CONSIDERATION. — A joint resolution submitted under this section shall be considered in the Senate and the House of Representatives under expedited procedures set forth in the rules of each chamber. A resolution shall be deemed approved if not rejected within 180 calendar days of submission. SEC. 4. GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT. The modification of the Grand Staircase-Escalante National Monument proposed by Proclamation 2026-14549 is deemed to be submitted to Congress under this section on the date of enactment of this Act. Congress shall consider the proposed modification within 180 days after such date. SEC. 5. FUNDING. The Secretary of the Interior shall allocate $5,000,000 from the Land and Water Conservation Fund for the purposes of conducting environmental reviews, public hearings, and tribal consultations regarding any proposed monument boundary modification under this Act. SEC. 6. OVERSIGHT. The Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate shall oversee the implementation of this Act. The Secretary shall provide a report to those committees within 90 days of any submission under section 3(b). SEC. 7. SUNSET. This Act shall expire five years after the date of enactment. Any boundary modification approved by Congress before the sunset date shall remain in effect. SEC. 8. JUDICIAL REVIEW. Any person aggrieved by a modification of a national monument boundary that is not approved by Congress as required by this Act may bring a civil action in the United States District Court for the District of Columbia to enjoin such modification. The court shall review the modification de novo without deference to the agency or President. The prevailing party may recover reasonable attorney's fees. SEC. 9. SEVERABILITY. If any provision of this Act is held invalid, the remainder of the Act shall not be affected.

Operative provisions

funding source
Land and Water Conservation Fund
funding amount
$5,000,000
sunset years
5
oversight body
House Committee on Natural Resources and Senate Committee on Energy and Natural Resources
enforcement mechanism
Congressional joint resolution requirement; if a boundary modification is implemented without approval, any person may sue to enjoin it in the U.S. District Court for the District of Columbia with de novo review and attorney's fees.
judicial review path
U.S. District Court for the District of Columbia, de novo review, attorney's fees available to prevailing party.

Bipartisan rationale

Democrats gain a statutory guarantee that monument reductions cannot be made without congressional debate, preserving environmental protections and public input. Republicans gain a clear legislative pathway for adjusting monument boundaries to accommodate local economic needs, ending the cycle of executive overreach and litigation. Both parties benefit from institutional integrity: Congress reclaims its constitutional role under the Property Clause, and the executive retains a defined role subject to legislative check. This reduces uncertainty for stakeholders and avoids the zero-sum outcome of unilateral action.

Constitutional citations

  • → Article IV, Section 3, Clause 2 (Property Clause)
  • → Article I, Section 8, Clause 18 (Necessary and Proper Clause)
  • → Antiquities Act of 1906, 16 U.S.C. § 431

Vote-count path

If a statute is required: ≈260 House votes (185 Democrats + 75 institutionalist Republicans); ≈62 Senate votes (48 Democrats + 14 Republicans from oversight-minded and land-use pragmatic caucuses).

Drafted by the OpenOS AI legislature · deepseek/deepseek-v4-flash · 2026.07.18 06:01 UTC · ← Back to the Republic