America’s public lands, ranging from majestic national parks to vast national forests, are integral to the country’s identity.
These lands cover more than a quarter of the nation and large parts of the West, attracting avid hikers, hunters, and fishermen.
Ranchers graze cattle on certain sections, while the government generates revenue through oil, gas, timber, and mining leases in others.
For decades, federally managed public lands have enjoyed broad bipartisan support, with a significant majority of Americans urging congressional representatives to safeguard public access for recreation.
One critical means of protection includes the establishment of national monuments.
However, the status of these national monuments is not static and can be altered by presidential action.
Presidents have both expanded and reduced national monuments, as seen in the ongoing situation surrounding Bears Ears National Monument in Utah, which has been affected by three consecutive administrations.
The governance and management of public lands can change, directly impacting surrounding communities and their economies.
The second Trump administration is anticipated to bring further modifications to public lands, with an early executive order mandating the Department of the Interior to reassess all national monuments for possible oil and gas drilling and mining activities.
This includes at least two national monuments in California that were designated by President Joe Biden.
The fundamental law guiding many of these changes is the Antiquities Act, a century-old legislation.
The Antiquities Act of 1906, signed into effect by President Theodore Roosevelt, empowers Congress or the president to designate national monuments on federal land to protect areas for their ecological, cultural, historical, or scientific significance.
Since Roosevelt’s presidency, 18 out of the 21 presidents have employed the Antiquities Act to create, expand, or reduce national monuments through presidential proclamations.
Using the Antiquities Act allows presidents to bypass the requirement for an environmental impact statement under the National Environmental Policy Act, which normally includes a period for public input.
Proponents argue that this bypass speeds up the process of monument creation and expansion.
Critics contend that such an exclusion can result in overlooking potential impacts related to new monuments.
The Antiquities Act does not clarify if a president has the authority to shrink areas previously designated as national monuments.
It simply states that a president may designate “the smallest area compatible with the proper care and management of the objects to be protected.”
This has led to shifting boundaries for national monuments depending on each administration’s priorities.
A prime example is Bears Ears, a region in Utah important to several tribes but also rich in uranium, gas, and oil resources.
In 2016, President Barack Obama designated Bears Ears as a national monument.
In 2017, President Donald Trump issued a proclamation that shrank Bears Ears by 80%.
Then, President Joe Biden reinstated Bears Ears to the original boundaries set by Obama, marking its third adjustment within just over five years.
The uncertainty surrounding the permanence of national monument designations complicates land management and raises concerns for Indigenous communities about the commitment to safeguarding cultural, historical, and ecological treasures.
Economic benefits associated with public lands are significant.
A 2017 study by Headwaters Economics, a nonprofit research organization, revealed that Western rural counties with more public land experienced greater economic growth compared to those with limited public land.
National monuments not only bolster local economy but can also bring beneficial effects to neighboring counties by enhancing population growth, income, and employment opportunities.
Although many adjacent counties rely on natural resource extraction, establishing a national monument can create new avenues for economic development through increased tourism and recreational activities.
For instance, the four national parks and monuments located in southeastern Utah—including Natural Bridges—attracted roughly 2.4 million visitors who together contributed nearly $400 million to the local economies.
However, the fluctuation in public land protection creates hesitancy in communities contemplating investment in an uncertain future.
There are several avenues for enhancing the stability of national monuments.
Legal actions could compel courts to clarify whether presidents have the constitutional authority to reduce national monuments, given the ambiguity in the Antiquities Act regarding this power.
Advocacy groups have challenged the legality of Trump’s reduction of Bears Ears, although those cases were stalled when Biden reinstated the monument.
The U.S. Supreme Court recently declined to review related cases in 2024, which sought to restrict a president’s authority to create and expand national monuments under the law.
Alternatively, Congress has the option to provide permanent protection for designated national monuments through legislation, albeit requiring presidential approval and potentially a tedious process.
The lengthy campaign and public effort needed to designate areas like White Clouds Wilderness in Idaho, a process spanning decades, illustrates this complexity.
Another possibility for congressional action is the introduction of new measures to safeguard public lands, such as the bipartisan Public Lands in Public Hands Act.
This proposed legislation aims to prevent privatization of public lands while maintaining recreational access, with U.S. Rep. Ryan Zinke, a Republican from Montana and former Interior secretary under the first Trump administration, among its lead sponsors.
The future of this bill, along with its potential presidential backing, remains uncertain.
America’s public lands garner widespread support across the political spectrum.
The Antiquities Act has resulted in the establishment of 163 terrestrial and marine monuments, leading to the preservation of lands and waters of cultural, scientific, or historical significance.
Such monuments generally receive strong backing; during Trump’s initial presidency, over 650,000 public comments were submitted regarding the national monument review, 98% of which favored creating and expanding monuments.
Public lands symbolize more than just geographical locations.
They embody the ideals and values that unite Americans, capturing the essence of what it means to be American and significantly shaping national identity.
image source from:https://theconversation.com/national-monuments-have-grown-and-shrunk-under-us-presidents-for-over-a-century-thanks-to-one-law-the-antiquities-act-252707