A Power of Monumental Proportions

Acting under the authority of the Antiquities Act of 1906, President Theodore Roosevelt designated Devils Tower as the first national monument over 100 years ago. The Act gives presidents the power to create national monuments to preserve scientific and historical sites. Congress, however, maintains the right to create, modify, and remove monuments separately under the Property Clause of the U.S. Constitution. In all, Presidents and the U.S. Congress have designated over 122 areas as national monuments. Four agencies—the Bureau of Land Management (BLM), the U.S. Forest Service, the National Park Service, and the U.S. Fish and Wildlife Service—are tasked with preserving each monument in its original condition. Each monument has a different set of rules outlining practices that are banned or limited on monument land. These limitations are set forth in a variety of ways, including in the President’s proclamation announcing the designation of the new monument, agency policies, or management plans created by the agencies. For example, limitations on recent monuments include “barring new mineral leases, mining claims, prospecting or exploration activities, and oil, gas, and geothermal leases.” Although the Antiquities Act is clear in granting Presidents the power to create national monuments, the Act is ambiguous as to whether they can change or remove a monument designation. This question has fueled significant controversy in the face of President Donald J. Trump’s attempts to diminish two national monuments. During his first year in office, President Trump announced two presidential proclamations on national monuments—one reducing the size of Bears Ears National Monument and another modifying the Grand Staircase-Escalante National Monument. Yet, less than two months ago, the BLM announced management plans to help “restore use” of these monuments. Critics express concern that these lands will now be opened up for “drilling, mining, and grazing” as a result of these proclamations. The outcome of ongoing litigation in federal court, however, will determine whether the President can move forward with these plans. This week’s Saturday Seminar focuses on current debate surrounding national monuments and who has the power to modify or rescind their status