Arizona 2024 2024 Regular Session

Arizona House Bill HCM2008 Comm Sub / Analysis

Filed 03/12/2024

                    Assigned to NREW 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, Second Regular Session 
 
FACT SHEET FOR H.C.M. 2008 
 
urging Congress; Antiquities Act; repeal 
Purpose 
Urges the U.S. Congress and U.S. President to repeal or amend the Antiquities Act of 1906 
and to refrain from expanding or establishing a national monument in Arizona.  
Background 
An Act for the Preservation of American Antiquities was signed into law on June 8, 1906. 
The Antiquities Act was the first U.S. law to provide general legal protection of cultural and natural 
resources of historic or scientific interest on federal lands. The Antiquities Act established several 
tools for archeological resource protection on public lands, including: 1) requirement to secure 
permission from federal land managers to conduct archeological investigations and remove objects 
from federal lands; 2) penalties upon conviction for unauthorized activities, such as excavation 
and removal of objects; 3) authority of the President of the United States to establish national 
monuments from existing federal lands; 4) authority of the Secretaries of Agriculture, Interior and 
War to review and grant permits to qualified institutions; 5) requirement that excavated materials 
be permanently preserved in public museums; and 6) authority to develop uniform rules and 
regulations to carry out the Antiquities Act (U.S. National Parks Service). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Urges the U.S. Congress to repeal the Antiquities Act of 1906 or amend it to reaffirm that 
entire landscapes, animate life, such as birds and mammals, and common plants and vegetation 
not be considered landmarks, structures or objects under federal law. 
2. Urges that any proclamation made by the President of the United States be stated publicly and 
must specifically name and describe the location of each landmark, structure and object to be 
protected. 
3. Urges that the limitation on extending or establishing a national monument, which requires the 
express authorization of Congress and is currently offered only to the State of Wyoming, be 
offered to all western states. 
4. Urges that no new national monument or federal reservation or expansion of an existing 
national monument or federal reservation be established in Arizona, unless with the express 
authorization of: 
a) the Arizona State Legislature while in session; and 
b) the members of the county board of supervisors in all the counties that would be impacted 
by the monument or reservation.  FACT SHEET 
H.C.M. 2008 
Page 2 
 
 
5. Requests the Secretary of State to transmit copies of this memorial to the President of the 
United States, the President of the U.S. Senate, the Speaker of the U.S. House of 
Representatives and each Member of Congress from Arizona. 
6. Becomes effective on the general effective date.  
House Action 
LARA 2/12/24 DP 5-4-0-0 
3
rd
 Read 2/28/24  31-28-0-0-1 
Prepared by Senate Research 
March 12, 2024 
RA/KP/slp