By: Georgiana Ledford
The ability to transform a tract of land into a national monument is a unique Executive power. Under the Antiquities Act of 1906, a President has the authority to designate “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments.” [i] In the late 1800s, a surge in archeology and historical artifacts swept across the nation.[ii] Due to both the public’s high demand and the increasing commercial value of authentic artefacts, archeological sites began to be looted, specifically in the West.[iii] In response to conservation concerns, Congress passed the Antiquities Act under President Theodore Roosevelt’s Administration.[iv] Originally intended as a way to conserve natural resources, respect Indigenous lands, and preserve lands of cultural significance, the Antiquities Act holds significant value to Americans across the country. Despite this, the Act remains highly controversial; today, many speculate that it is being used to further fuel division between the two-party political system. National monuments go beyond the realm of politics—they should be protected for generations to come, not struggle to survive future Administrations. Once boundaries are established, they should remain unaltered.
Two national monuments in Utah, Grand Staircase-Escalante and Bears Ears, are evidence of this political tension. In 1996, President Clinton declared Grand Staircase a national monument.[v] A number of Utah’s politicians disapproved of this action, as there were plans to begin mining operations in that area.[vi] Similarly, President Obama’s 2016 designation of the Bears Ears national monument received some political pushback.[vii] In 2017, President Trump decreased the boundaries of the Grand Staircase National Monument by 46 percent and the Bears Ears National Monument by 85 percent.[viii] On October 8, 2021, President Biden restored the boundaries of these two monuments as declared in 1996 and in 2016.[ix] Although the question of whether a President may adjust a national monument’s boundary under the Antiquities Act remains unanswered, these actions shed light on an even greater issue: the tension between obtaining natural resources versus protecting treasured lands.
The Bears Ears national monument holds high importance to our Nation—it was the first monument that was established at the request of Native American tribes.[x] When its boundaries were reduced in 2017, it opened previously protected land to extractive practices such as mining.[xi] In addition, previous recreational restrictions at both monuments were lifted, jeopardizing “sensitive ecology and more than 100,000 ancestral Puebloan sites and artifacts.” [xii]
Although their boundaries have been restored, the various extractive leases on Bears Ears and Grand Escalante may still pose a threat. Generally, preexisting land use leases are valid even after a national monument is established, though no new ones can be issued.[xiii] Prior to the 2020 election, oil and gas leases surrounding the Bears Ears monument were issued by Utah.[xiv] In fact, after their boundaries were reduced, six mining claims were filed for both the Grand Staircase National Monument and the Bears Ears National Monument.[xv] However, due to their remoteness and tough terrain, it is difficult to perform natural resource extractions on these Western lands.[xvi] Steve Bloch, the Legal Director for the Southern Utah Wilderness Alliance said, “national monuments were intended to be permanent.” [xvii]
Largely due to the revenue and job opportunities generated from extraction industries, there is still opposition to creating new national monuments.[xviii] However, research conducted in 2020 suggests that national monument designations may not negatively impact local economies.[xix] The study found that from 1990 to 2015, national monument designation resulted in a 10 and 8.5 percent increase in the number of local business and jobs, respectively.[xx] Moreover, the study concluded that national monument designations have no effect on average local incomes.[xxi] While mining and oil industries are temporary, national monuments are not—not only do they provide a source of pride for the United States, but they also provide positive impacts on local economies.
Despite the controversy and political divide that flows from national monument designations, overwhelming support remains. In fact, a 2021 poll revealed that 74 percent of Utah’s citizens support restoring national monument protections.[xxii] The push-and-pull of national monuments’ boundaries places these cherished American lands at jeopardy. Rather than drawing political lines, American politics should remember what the Antiquities Act has meant and will mean for future generations—untouched, beautiful wonderlands that have become the cornerstones of our national identity.
[i] 54 U.S.C.A. § 320301(a) (West 2021).
[ii] What is the Antiquities Act?, The Economist (Oct. 8, 2021), https://www.economist.com/the-economist-explains/2021/10/08/what-is-the-antiquities-act [https://perma.cc/H6SM-54DG].
[iii] Francis P. McManamon, Antiquities Act of 1906, U.S. Dep’t. of the Interior, Nat’l Park Serv. (Oct. 20, 2021), https://www.nps.gov/archeology/tools/Laws/antact.htm [https://perma.cc/78TT-7XFB].
[iv] Lisa Raffensperger, The Highs and Lows of the Antiquities Act, Nat’l Pub. Radio (May 23, 2008), https://www.npr.org/templates/story/story.php?storyId=90631198 [https://perma.cc/EP7U-EM34].
[v] Id.
[vi] Id.
[vii] Alisa Opar, Is That Legal? Department of the Interior Considers Resizing or Rescinding National Monuments Under the Antiquities Act, Audubon (Apr. 26, 2017), https://www.audubon.org/news/-legal-department-interior-considers-resizing-or-rescinding-national-monuments [https://perma.cc/2T7H-QJ8U].
[viii] Hannah Nordhaus, Biden expected to reverse Trump’s order to shrink Utah national monuments, Nat’l Geographic (Jan. 14, 2021), https://www.nationalgeographic.com/environment/article/biden-expected-to-reverse-trump-order-to-shrink-utah-national-monuments [https://perma.cc/EUA3-8NG5].
[ix] Matthew Daly, Biden Restores Bears Ears, other monuments cut by Trump, Associated Press (Oct. 8, 2021), https://apnews.com/article/joe-biden-donald-trump-lifestyle-business-environment-1d8b5a0ff3814f78c5e8bc97c37fc32e [https://perma.cc/6Q5Z-XWCF].
[x] Ellis Juhlin, Bears Ears and Grand Staircase-Escalante National Monuments restored to former boundaries, Utah Pub. Radio (Oct. 20, 2021), https://www.upr.org/post/bears-ears-and-grand-staircase-escalante-national-monuments-restored-former-boundaries#stream/0 [https://perma.cc/K5J7-8A6X].
[xi] Nordhaus, supra note viii.
[xii] Id.
[xiii] Tatiana Schlossberg, What Is the Antiquities Act and Why Does President Trump Want to Change It?, The N.Y. Times (Apr. 26, 2017), https://www.nytimes.com/2017/04/26/climate/antiquities-act-federal-lands-donald-trump.html [https://perma.cc/8AUH-QDPP].
[xiv] Nordhaus, supra note viii.
[xv] Id.
[xvi] Id.
[xvii] Juhlin, supra note x.
[xviii] Nala Rogers, National Monuments are More Boon than Bane to Local Economies, Inside Sci.(Mar. 18, 2020), https://www.insidescience.org/news/national-monuments-are-more-boon-bane-local-economies-0 [https://perma.cc/WM62-9EBU].
[xix] Margaret Walls, Patrick Lee, & Matthew Ashenfarb, National monuments and economic growth in the American West, 6 Sci. Advances (Mar. 18, 2020), https://www.science.org/doi/10.1126/sciadv.aay8523 [https://perma.cc/SF3S-Q568].
[xx] Id.; Rogers, supra note xviii.
[xxi] Walls, supra note xix; Rogers, supra note xviii.
[xxii] What is the Antiquities Act?, supra note ii.