Trump Signs Executive Order 'Reviewing' Recently Designated National Monuments

On Wednesday morning, President Donald Trump gave Republicans who’d been frustrated by the Obama administration’s use of the Antiquities Act to carry out "massive federal land grabs" through the creation of national monuments a lift by signing an executive order to review all national monument designations since 1996.

That timeframe is notable, as explained by USA Today:

That time frame encompasses the "bookends" of two of the most controversial national monument designations in recent history: President Clinton's Grand Staircase-Escalante National Monument in 1996 to President Obama's Bears Ears National Monument in 2016. Both are in Utah, and faced opposition from the congressional delegation and state officials.

Supporters of using the national monument designation to protect biodiversity and sacred sites point to the benefits of tourism generated by the monuments for local economies. Opponents, like Rep. Rob Bishop (R-UT), believe that many federal lands should be turned over to states, which would then assume responsibility for managing them. Sen. Orrin Hatch (R-UT) said in a statement on Facebook April 24:

For years, I have fought every step of the way to ensure that our lands are managed by the Utahans that know them best and cherish them deeply...That's why I'm committed to rolling back the egregious abuse of the Antiquities Act to serve far-left special interests. As part of this commitment, I have leveraged all of my influence – from private meetings in the Oval Office in the President’s first week in office to my latest trip to Bears Ears this week – to ensure that this issue is a priority on the president’s agenda.

The Antiquities Act of 1906 originated in the time of President Teddy Roosevelt. It was created to "protect ancient artifacts and ruins that at the time were being pilfered from western lands" and enables presidents to do so without Congressional approval. President Roosevelt used it frequently, creating 18 national monuments during his presidency.

President Obama used it 34 times, setting aside more than 3.9 million acres of land for federal protection, often to preserve sites associated with the history of historically marginalized groups. "Stonewall will be our first national monument to tell the story of the struggle for LGBT rights," Obama said in 2016 following the designation of Christopher Park in New York City. "I believe our national parks should reflect the full story of our country — the richness and diversity and uniquely American spirit that has always defined us."

Technically Obama should have used the term "national monuments" rather than “national parks,” since only Congress has the power to create national parks. And only Congress has the ability, by law, to nullify either a national monument or park. In U.S. history, Congress has only abolished 11 national monuments, and has never eliminated a national park.

President Trump’s executive order directing Interior Secretary Ryan Zinke to review all national monuments designated for the last 21 years could change all that if he tries to use executive power to try to remove the designation and it passes legal muster. In his confirmation hearing, Zinke said:

There's no doubt the president has the authority to amend a monument...It will be interesting to see whether the president has the authority to nullify a monument. Legally, it's untested. I would think that (if) the president would nullify a monument, it would be challenged and then the court would determine whether or not the legal framework allows it or not.

Many national monuments designated since 1996 will not be up for review under the new executive order, since it only focuses on designations of 100,000 acres or more. Those under consideration will be reviewed quickly, however. The executive order directs Secretary Zinke to provide a report within 120 days, and Bears Ears national monument gets its own accelerated timeline with an interim report due in 45 days.

Should President Trump modify or nullify any national monuments? Use the Take Action button to let your reps know what you think!

— Asha Sanaker

(Photo Credit: *Bureau of Land Management via Flickr / Creative Commons)*