The Antiquities Act gives presidents too much power, ignoring the many stakeholders whose needs should be considered. . .
. . . .well-meaning members of Congress in 1906 did something that flew in the face of America’s governing philosophy. They passed the Antiquities Act, which gives presidents the power to create national monuments without a public process and without a vote of Congress. ~~~~~~~~
San Juan Record Bears Ears Coverage
Oct. 13, 2021
In restoring the Bears Ears National Monument, the Biden-Harris Administration is committed to ensuring that there is adequate staffing and resources to appropriately protect the area’s natural and cultural resources, to manage the increased visitation that the area continues to experience, and to make Bears Ears a model for Tribal participation in the management of the Monument.
The Bureau of Land Management plans to assign additional rangers to the region; install appropriate signage and infrastructure to inform and support visitors; begin working with local communities, the State of Utah, and Tribal leaders on assessing the potential opportunity for a Bears Ears visitors center that highlights the monument’s cultural resources; and support the Bears Ears Intertribal Commission’s participation in management of the National Monument.
All six of Utah’s federal representatives including Representative John Curtis, Senator Mike Lee and Senator Mitt Romney issued a joint statement ahead of the announcement.
“President Biden is delivering a devastating blow to the ongoing efforts by our delegation, along with state, local, and tribal leaders, to find a permanent, legislative solution to resolve the longstanding dispute over the boundaries and management of the Bears Ears and Grand Staircase-Escalante national monuments.
“Rather than take the opportunity to build unity in a divided region and bring resources and lasting protections to sacred antiquities by seeking a mutually beneficial and permanent legislative solution, President Biden fanned the flames of controversy and ignored input from the communities closest to these monuments.
“We will continue to support efforts to ensure that our monuments’ boundaries and management reflect the unique stakeholder interest and uses in the area, but today’s ‘winner take all’ mentality moved us further away from that goal.”
~~ Help us Challenge Abuse of the Antiquities Act
By Benjamin Burr
I don't think anyone was surprised by today's announcement. Many of us have been preparing for this in the meantime behind the scenes. We knew this step of the fight would need to happen once it became clear that Utah's federal delegation - with unprecedented congressional seniority during the Trump Administration - refused to fight for a permanent Antiquities Act exemption for Utah like Alaska and Wyoming have (Mike Lee did fight for the exemption, but the others did not). While the Senate is generally a sclerotic, do-nothing institution, during the Trump Administration the Senate was busy confirming an insane amount of judges, and the balance of power on the Supreme Court shifted. For those who haven't been paying attention, Chief Justice Roberts has signaled that there are concerns with abuse of the Antiquities Act, but the Court has chosen to wait for the right case.
The next phase of the fight over the Antiquities Act and controversial monument designations can and should take place in the courts. There are three entities that have the standing necessary to wage this legal fight: the State of Utah, SITLA, and any private in-holders within the monument. The State of Utah's standing is the strongest, so it is crucial that effort is focused on ensuring that Governor Cox and Attorney General Reyes pursue this fight. They need to hear encouragement from Utahns who are frustrated by the monument expansions. We've created a tool that makes it easy for you to start by sending a letter to the Governor (like 2 minutes of your time and a few clicks). Or you can reach out on your own. I think a simple message of encouragement will go a long way.
Help us spread the word about this! And Sign the Petition!!
~~~The Biden Administration used the Antiquities Act to restore the original boundaries of Bears Ears and Grand Staircase-Escalante National Monuments in Utah. This undoes what the Trump Administration had previously done in shrinking these monuments. This is a blatant attack on Utah and its public lands and will result in restrictive access and management policies. Governor Spencer Cox has previously stated his frustration with the Biden Administration's unwillingness to work with lawmakers regarding this issue. Show Governor Cox that he has our support to challenge this designation with a lawsuit from the State of Utah.
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Biden's Bears Ears Expansion/ Belies Real Plans for Protection
~~ CNN) President Joe Biden on Friday (Oct. 8) announced the expansion of three national monuments -- Bears Ears, Grand Staircase-Escalante, and Northeast Canyons and Seamounts Marine -- in a move that restored protections that had been undone by then-President Donald Trump.
"This may be the easiest thing I've ever done as president, so far," Biden said ahead of making the announcement.
The White House previewed the move in a fact sheet released Thursday night. The Utah monuments, Bears Ears and Grand Staircase-Escalante, have been on Biden's agenda since his first day in office, when he ordered a review of their boundaries and conditions.
Bear Ears National Monument will be restored to 1.36 million acres and the Grand Staircase-Escalante National Monument will be restored to 1.87 million acres, according to the fact sheet.
Additionally, protections for the Northeast Canyons and Seamounts monument off the coast of New England, as established under then-President Barack Obama, will be restored.
"I'm grateful to the tribal nation leaders, both those who are here with us today and those unable to join us. Today I'm proud to announce the protection and expansion of three of the most treasured national monuments, our most treasured, based on powers granted to the President on the Antiquities Act first used more than a century ago by Teddy Roosevelt," Biden said.
"The truth is that National monuments and parks are part of the identity, our identity as a people," the President added. "They are more than natural wonders, they're the birthright we passed from generation to generation, a birthright of every American. Preserving them is the fulfillment of a promise to our children."
Biden said his move to protect national monuments also ties to his administration's climate agenda.
"We're not only saving birds and fish and the livelihoods of people who depend on them, we're also shoring up the natural defenses to absorb the fury of hurricanes and superstorms," Biden said. "Nearly one-in-three Americans live in a community that has been struck by weather disasters just in the last few months -- hurricanes, wildfires, droughts, heat waves -- both the Build Back Better plan and my bipartisan infrastructure bill make critical investments, significantly increasing the resilience of these devastating effects on the climate crisis."
The decision marks a reversal of Trump administration policy that shrank the Bears Ears monument, which Obama established, by 85%, and the Grand Staircase-Escalante monument, which then-President Bill Clinton designated, by roughly 45%.
The two former Democratic presidents designated the Utah monuments for protection hoping to preserve their culture, history and natural beauty.
While announcing his policy in 2017, Trump slammed what he called "federal overreach" and said past administrations thought "the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington. And guess what? They are wrong."
Utah Republican Gov. Spencer Cox said Thursday in a critical statement that he had been informed of the decision to expand the monuments' size by Interior Secretary Deb Haaland. "The President's decision to enlarge the monuments again is a tragic missed opportunity — it fails to provide certainty as well as the funding for law enforcement, research, and other protections which the monuments need and which only Congressional action can offer," Cox said.
This map illustrates what Public Land Overload looks like!
Republican Sen. Mitt Romney of Utah also criticized the move, saying Thursday on Twitter that his state's national monuments are being used as a "political football."
"The decision to re-expand the boundaries of Bears Ears and Grand Staircase-Escalante is a devastating blow to our state, local, and tribal leaders and our delegation," Romney said. "The President squandered the opportunity to build consensus by working with stakeholders to find a permanent, legislative solution to resolve the longstanding dispute over the monuments' boundaries & management, which would've brought certainty to and benefited all stakeholders."
CNN's Shawna Mizelle and Andy Rose contributed to this report.
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