Long title | An act for the preservation of American antiquities. |
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Enacted by | the 59th United States Congress |
Effective | June 8, 1906 |
Citations | |
Public law | Pub. L. 59–209 |
Statutes at Large | 34 Stat. 225 |
Codification | |
U.S.C. sections created | |
Legislative history | |
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United States Supreme Court cases | |
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The Antiquities Act of 1906 (Pub. L. 59–209, 34 Stat. 225, 54 U.S.C. §§ 320301 – 320303) is an act that was passed by the United States Congress and signed into law by Theodore Roosevelt on June 8, 1906. This law gives the president of the United States the authority to, by presidential proclamation, create national monuments from federal lands to protect significant natural, historic, or scientific features. The Act has been used more than a hundred times since its enactment to create a wide variety of protected areas.
The Antiquities Act was signed into law by President Theodore Roosevelt during his second term in office. The act resulted from concerns about protecting mostly prehistoric Native American ruins and artifacts—collectively termed "antiquities"—on federal lands in the West, such as at Chaco Canyon, New Mexico. Removal of artifacts from these lands by private collectors, "pot hunters," had become a serious problem by the end of the 19th century. In 1902, Iowa Congressman John F. Lacey, who chaired the House Committee on the Public Lands, traveled to the Southwest with the rising anthropologist Edgar Lee Hewett, to see for himself the extent of the pot hunters' impact. His findings, supported by an exhaustive report by Hewett to Congress detailing the archaeological resources of the region, provided the necessary impetus for the passage of the legislation. [1]
The Act failed to deter purposeful, criminal looting at these protected sites and was deemed too vague, eventually resulting in passage of the Archaeological Resources Protection Act of 1979. [2] The Antiquities Act has been praised by several groups for its ability to protect important sites, including The Wilderness Society, [3] the National Parks Conservation Association, [4] The Pew Charitable Trusts, [5] and the National Trust for Historic Preservation. [6]
Since the Antiquities Act became law, all but three presidents, Richard Nixon, Ronald Reagan, and George H.W. Bush, have chosen to enlarge or dedicate new national monuments. [7] President Obama established more monuments than any president, with 29 in total. [8] The previous record was held by President Clinton with 19 monuments. President Carter dedicated the most acreage to national monuments, mostly in areas in Alaska. [9]
On April 26, 2017, President Donald Trump signed Executive Order 13792 directing a review of the law and its uses. [10]
The Act was intended to allow the president to set aside certain valuable public natural areas as park and conservation land. The 1906 act stated that it was intended for: "... the protection of objects of historic and scientific interest." These areas are given the title of "national monuments." It also allows the president to reserve or accept private lands for that purpose. The aim is to protect all historic and prehistoric sites on United States federal lands and to prohibit excavation or destruction of these antiquities. With this act, this can be done much more quickly than going through the Congressional process of creating a national park. The Act states that areas of the monuments are to be confined to the smallest area compatible with the proper care and management of the objects to be protected.
Protection of sites can include restrictions on mining, logging, grazing, commercial fishing, and hunting; known as land withdrawals, these are typically described in the presidential proclamation establishing the monument.
Some areas designated as national monuments have later been converted to or incorporated into national parks or national historical parks. 28 of the 63 national parks include areas originally designated as national monuments. [11]
The first use of the Act protected a large geographic feature: President Theodore Roosevelt proclaimed Devils Tower National Monument on September 24, 1906. [12] President Roosevelt also used it to create the Grand Canyon National Monument (now Grand Canyon National Park) and sixteen other sites.
At 583,000 square miles (1,510,000 km2), Papahānaumokuākea Marine National Monument is the largest protected area proclaimed. [13] George W. Bush signed proclamation Proclamation 8031 to establish the monument in 2006, and President Barack Obama expanded its size in 2016.
The smallest, Father Millet Cross National Monument (now part of a state park), was a mere 0.0074 acres (30 m2). [14]
For any excavation, the Act requires that a permit (Antiquities Permit) be obtained from the Secretary of the department which has jurisdiction over those lands.
Presidents have historically tended to create more monuments during their second terms or lame duck periods. [15]
Presidential powers under the Act have been reduced twice. The first time followed the controversial proclamation of Jackson Hole National Monument in 1943. The 1950 law that incorporated Jackson Hole into an enlarged Grand Teton National Park also amended the Antiquities Act, requiring Congressional consent for any future creation or enlargement of national monuments in Wyoming. [16]
The second time followed Jimmy Carter's use of the Act to create 17 national monuments in Alaska covering 56 million acres (230,000 km2). The Alaska National Interest Lands Conservation Act rescinded Carter's withdrawals while establishing those areas as national parks or other site types and requires Congressional ratification of the use of the Antiquities Act in Alaska for withdrawals of greater than 5,000 acres (20 km2). [17]
The Trump administration conducted a review of 27 major designations to consider changes [18] and Trump subsequently significantly reduced the size of Grand Staircase–Escalante National Monument and Bears Ears National Monument in Utah in 2017. [19] Trump also lifted restrictions on commercial fishing at Northeast Canyons and Seamounts Marine National Monument. The legality of these actions was challenged in federal court, and President Biden restored the original areas and protections in 2021. Although some presidents have chosen to ignore the tradition of preservation of notable environmental or historic areas, no president has entirely undone a predecessor's monument. [19]
The United States Supreme Court has repeatedly upheld presidential proclamations under the Antiquities Act, ruling each time that the Act gives the president wide discretion as to the nature of the object to be protected and the size of the area reserved. [20] [21] The first such case was a unanimous decision in 1920 that upheld the creation of Grand Canyon National Monument. [22]
The National Park Service (NPS) is an agency of the United States federal government, within the U.S. Department of the Interior. The service manages all national parks; most national monuments; and other natural, historical, and recreational properties, with various title designations. The United States Congress created the agency on August 25, 1916, through the National Park Service Organic Act. Its headquarters are in Washington, D.C., within the main headquarters of the Department of the Interior.
In the United States, a national monument is a protected area that can be created from any land owned or controlled by the federal government by proclamation of the president of the United States or an act of Congress. National monuments protect a wide variety of natural and historic resources, including sites of geologic, marine, archaeological, and cultural importance. The Antiquities Act of 1906 gives presidents the power to proclaim national monuments by executive action. In contrast, national parks in the U.S. must be created by Congressional legislation. Some national monuments were first created by presidential action and later designated as national parks by congressional approval.
Pinnacles National Park is a national park of the United States protecting a mountainous area located east of the Salinas Valley in Central California, about five miles (8 km) east of Soledad and 80 miles (130 km) southeast of San Jose. The park's namesakes are the eroded leftovers of the western half of an extinct volcano that has moved 200 miles (320 km) from its original location on the San Andreas Fault, embedded in a portion of the California Pacific Coast Ranges. Pinnacles is managed by the National Park Service and the majority of the park is protected as wilderness.
There are 21 protected areas of the United States designated as national preserves. They were established by an act of Congress to protect areas that have resources often associated with national parks but where certain natural resource-extractive activities such as hunting and mining may be permitted, provided their natural values are preserved. The activities permitted in each national preserve vary depending on the enabling legislation of the unit. All national preserves are managed by the National Park Service (NPS) as part of the National Park System.
In all modern states, a portion of land is held by central or local governments. This is called public land, state land, or Crown land. The system of tenure of public land, and the terminology used, varies between countries. The following examples illustrate some of the range.
The Alaska National Interest Lands Conservation Act (ANILCA) is a United States federal law signed by President Jimmy Carter on December 2, 1980. ANILCA provided varying degrees of special protection to over 157 million acres (640,000 km2) of land, including national parks, national wildlife refuges, national monuments, wild and scenic rivers, recreational areas, national forests, and conservation areas. It was, and remains to date, the single largest expansion of protected lands in history and more than doubled the size of the National Park System.
Gila Cliff Dwellings National Monument is a U.S. National Monument created to protect Mogollon cliff dwellings in the Gila Wilderness on the headwaters of the Gila River in southwest New Mexico. The 533-acre (2.16 km2) national monument was established by President Theodore Roosevelt through executive proclamation on November 16, 1907. It is located in the extreme southern portion of Catron County. Visitors can access the monument by traveling northbound from Silver City, New Mexico, 45 miles (72 km) on NM 15.
The National Wilderness Preservation System (NWPS) of the United States protects federally managed wilderness areas designated for preservation in their natural condition. Activity on formally designated wilderness areas is coordinated by the National Wilderness Preservation System. Wilderness areas are managed by four federal land management agencies: the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management.
The Wilderness Society is an American non-profit land conservation organization that is dedicated to protecting natural areas and federal public lands in the United States. They advocate for the designation of federal wilderness areas and other protective designations, such as for national monuments. They support balanced uses of public lands, and advocate for federal politicians to enact various land conservation and balanced land use proposals. The Wilderness Society also engages in a number of ancillary activities, including education and outreach, and hosts one of the most valuable collections of Ansel Adams photographs at their headquarters in Washington, D.C.
Since 1872 the United States National Park System has grown from a single, public reservation called Yellowstone National Park to include 430 natural, historical, recreational, and cultural areas throughout the United States, its territories, and island possessions. These areas include National Parks, National Monuments, National Memorials, National Military Parks, National Historic Sites, National Parkways, National Recreation Areas, National Seashores, National Scenic Riverways, and National Scenic Trails.
The World War II Valor in the Pacific National Monument was a U.S. national monument honoring events, people, and sites of the Pacific Theater engagement of the United States during World War II.
The Northeast Canyons and Seamounts Marine National Monument is a marine national monument of the United States off the coast of New England, on the seaward edge of Georges Bank. It was created by President Barack Obama on September 15, 2016, as the first U.S. marine national monument in the Atlantic Ocean.
Bears Ears National Monument is a United States national monument located in San Juan County in southeastern Utah, established by President Barack Obama by presidential proclamation on December 28, 2016. The monument protects 1,351,849 acres of public land surrounding the Bears Ears—a pair of buttes—and the Indian Creek corridor rock climbing area. The Native American names for the buttes have the same meaning in each of the languages represented in the region. The names are listed in the presidential proclamation as "Hoon’Naqvut, Shash Jáa [sic], Kwiyaghatʉ Nükavachi/Kwiyagatu Nukavachi, Ansh An Lashokdiwe"—all four mean "Bears Ears".
Gold Butte National Monument is a United States national monument located in Clark County, Nevada, northeast of Las Vegas and south of Mesquite and Bunkerville. The monument protects nearly 300,000 acres of desert landscapes featuring a wide array of natural and cultural resources, including rock art, sandstone towers, and important wildlife habitat for species including the Mojave Desert tortoise, bighorn sheep, and mountain lion. The area also protects historic ranching and mining sites such as the ghost town of Gold Butte, although little but mine openings, cement foundations, and a few pieces of rusting equipment remains. The monument is managed by the Bureau of Land Management.
Executive Order 13792, entitled "Review of Designations Under the Antiquities Act," is an executive order issued by US President Donald Trump on April 26, 2017, that directed the Secretary of the Interior to review designations of national monuments made since 1996. The order applies to all new monuments greater than 100,000 acres in size and monuments that were expanded by at least 100,000 acres. Twenty-two land monuments and five marine monuments that were created by the administrations of Bill Clinton, George W. Bush, and Barack Obama were subject to review.
The John D. Dingell Jr. Conservation, Management, and Recreation Act of 2019 is an omnibus lands act that protected public lands and modified management provisions. The bill designated more than 1,300,000 acres (5,300 km2) of wilderness area, expanded several national parks and other areas of the National Park System, and established four new national monuments while redesignating others. Other provisions included making the Land and Water Conservation Fund permanent, protecting a number of rivers and historic sites, and withdrawing land near Yellowstone National Park and North Cascades National Park from mining.
Massachusetts Lobstermen's Association v. Ross is a United States District Court case in the District of Columbia in which the court determined whether or not a President may establish a marine national monument, the Northeast Canyons and Seamounts Marine National Monument, under the authority of the Antiquities Act of 1906. The case represents the first time that the President's authority to create an offshore marine monument under the Act was directly challenged in court. While the District Court upheld the President's authority to designate the monument under the authority bestowed by the Antiquities Act, the case was appealed to the D.C. Circuit and awaits further judicial review.
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(help).the Secretary shall consider: (i) the requirements and original objectives of the Act, including the Act's requirement that reservations of land not exceed 'the smallest area compatible with the proper care and management of the objects to be protected';