Two legislators launched a invoice Thursday that might modify the landmark Antiquities Act by stripping the president of the flexibility to create or increase nationwide monuments. The proposal comes per week after President Biden designated two monuments in California that put aside a mixed 848,000 acres.
Representatives Mark Amodei of Nevada and Celeste Maloy of Utah, each Republicans, launched the Ending Presidential Overreach on Public Lands Act to the House. The full textual content of the invoice is brief and to the purpose. It seeks to strike Section 2 of the Antiquities Act — which permits presidents to designate nationwide monuments and historic landmarks on present federal lands — and switch that authority solely to Congress.
To be clear, Congress already has the ability to designate nationwide monuments. The hassle, in keeping with public-lands advocates, is that Congress hasn’t been notably efficient at conserving public lands recently.
“They really want to put a line in the sand on this idea that only Congress should be able to make public-land designations,” says Kaden McArthur, director of coverage and authorities relations for Backcountry Hunters & Anglers. While he acknowledges that typically Congress is the very best entity for conserving federal lands, McArthur factors out that it’s been six years since Congress accepted a public-lands package deal with public-lands protections, which included 5 monument designations.
“It takes Congress years to get these things done, so the ability of the president to quickly respond to threats to public lands is really important,” says McArthur. “Instead of complaining about the president having the ability to protect places, maybe [lawmakers] should be working on addressing those issues themselves so the president doesn’t feel the need to.”
The Antiquities Act of 1906 was proposed and signed into legislation by President Theodore Roosevelt. Since 1906, the act has been used greater than 300 occasions by presidents from each events to guard websites of geological and archeological significance and to preserve nationwide assets. Roosevelt designated the Grand Canyon National Park in 1908, setting apart 800,000 acres of public land within the face of mining pursuits.
The most controversial current use of Section 2 was when President Obama designated 1.35 million acres of federal land in Utah as Bears Ears National Monument in 2016. When he took workplace, President Trump diminished Bears Ears by about 85 p.c; President Biden expanded the monument once more in 2021. All instructed, the Biden administration has exercised Section 2 of the Antiquities Act to ascertain 10 new nationwide monuments and increase two present monuments. Trump used the Antiquities Act primarily to scale back monuments, although he did train Article 2 to ascertain the historic Camp Nelson National Monument. Five monuments have been created through the Trump administration as a part of the 2019 public-lands package deal handed by Congress, together with the 850-acre Jurassic National Monument in Utah.
Historically, the extra preservation-minded National Park Service managed monuments. Since the late Nineteen Nineties, nonetheless, McArthur notes, designations have embraced extra multi-use recreation of landscape-level monuments with administration beneath the BLM and USFS. Wyoming is presently the one state exempt from presidential designations, which can be outlined in Section 2 of the Antiquities Act. As our conservation editor reported final week, Utah and different Western state lawmakers are more and more eyeing Wyoming’s exemption standing.
“The message received loud and clear from both of these representatives [from Utah and Nevada] is that they feel like we should take away this tool because it doesn’t include local communities. But what we have seen in all these monument efforts, including Chuckwalla, is that it takes almost a decade of local, grassroots community outreach to really even grab the attention of a president to start the process to consider a national monument designation,” says Jocelyn Torres, the chief conservation officer of the Conservation Lands Foundation. “I think it’s important for the public to know that these [designations] aren’t coming out of thin air … It takes a lot of effort to get the attention of the president. National monuments don’t happen magically.”
National monument designations are made on present federal lands; personal, state, and tribal lands are usually not lumped into these expansions or designations. The means these lands are used, nonetheless, may be curtailed. Both McArthur and Torres word there’s public enter on how that land is managed.
“After the monuments are designated, there’s still a year’s long process for public engagement for how they want to see it managed,” says Torres. “There are public meetings, public comment periods. There is plenty of opportunity in the full life cycle [of the monument] to participate — especially [if you’re] a member of Congress.”
Critics of that course of — those that really feel their voices weren’t thought-about — would possibly level but once more to Bears Ears National Monument, which acquired its remaining administration plan in October. In addition to a whole ban on track taking pictures within the 1.3-million-acre monument, off-highway automobile use will likely be considerably restricted, with about 600,000 acres closed to OHV use and one other 483,000 acres the place OHV use will likely be restricted. Both makes use of are usually included within the BLM’s multiple-use mandate, however have been finally revoked on account of the nationwide monument designation.
Meanwhile, the Supreme Court of the U.S. declined Monday to listen to Utah’s public-lands lawsuit that sought to show federal lands over to the state. While conservation sources say the invoice introduction isn’t essentially a direct response to the lawsuit, the timing does really feel coordinated. And whereas the proposed Ending Presidential Overreach on Public Lands Act doesn’t seem to have an awesome probability of passing into legislation, says McArthur, it does set the tone of an aggressive anti-public lands agenda this Congress.
“Were [this bill] to pass, it would be a pretty big blow to a bedrock environmental law. I do think the odds that this goes anywhere right now are not particularly high,” says McArthur, who stays involved that an onslaught of anti-public land sentiment will finally drive a compromise with pro-conservation lawmakers. “But it really feels like the folks who are opponents of conserving our public lands are really going full-court press right now.”