In late April, President Trump signed an executive order directing Interior Secretary Ryan Zinke to review all national monument designations larger than 100,000 acres from the past 21 years to determine whether their boundaries are consistent with the intent of the Antiquities Act. This is an unprecedented move that has the potential to reduce in size some of the most spectacular landscapes managed by the federal government. The order itself does not make changes to any monuments, but it sets in motion an appraisal of monuments designated by three previous Presidents with the implication that some of them should be reduced in size.
Trump’s order affects anywhere between 24 and 40 national monuments designated by Presidents Obama, George W. Bush, and Clinton. In announcing the review, Secretary Zinke said that he will make a recommendation on the boundaries of the Bears Ears National Monument within 45 days, and issue a final report with recommendations on all monuments within 120 days.
The Bears Ears landscape is exactly the kind of place the Antiquities Act intended to protect. It is rich in cultural history, archaeological sites, and recreation opportunities. I have explored the area several times over the past 20 years, and each visit reveals something new. My wife and I took our kids there last month, during their spring break. The trip – with two other families – gave us the opportunity to teach our children about the cultural history of America; a history that is largely untold in our schools. And you could not ask for a more spectacular classroom.
In announcing the review of national monuments, both President Trump and Interior Secretary Ryan Zinke pushed the false narrative that the Bears Ears was designated without public input. The effort to protect the Bears Ears was led by an unprecedented coalition of five Native American tribes with strong cultural connections to the landscape. Supporting the Bears Ears Inter-Tribal Coalition’s push for the monument was a broad group of stakeholders including outdoor businesses, recreation groups, and the conservation community. Interior Secretary Sally Jewell held a public meeting near the landscape in July, 2016, providing people the opportunity to comment about the proposed national monument.
President Obama designated the monument in December, protecting 1.35 million acres of land notable for the dense concentration of archaeological sites that lie within its sandstone canyons and on its mesa tops. The monument was also designated to preserve the landscape’s world-class recreation opportunities: rock climbing at Indian Creek; backpacking in Grand Gulch; canyoneering in White Canyon; and mountain biking in Lockhart Basin.
The boundaries closely mirror those proposed for protection in Utah Congressman Rob Bishop’s Public Lands Initiative legislation. Bishop is a prime opponent of the monument, but failed to move his own legislation despite his position as Chair of the House Natural Resources Committee.
In an ironic twist, Trump signed the executive order one day after the Outdoor Industry Association released its updated Outdoor Recreation Economy study, which shows that outdoor recreation generates $887 billion in consumer spending annually, and supports 7.6 million jobs in the US. Protected public lands, including national monuments, are important economic drivers, particularly in rural Western communities that attract new residents and visitors drawn to outdoor recreation opportunities. Outdoor recreation is a huge economic engine, and national monuments fuel that engine.
What’s Next?
Because President Trump’s review of national monuments is unprecedented, we don’t know exactly what to expect. It is not clear whether the public will have the opportunity to weigh in on the review. Before signing it, Trump called the order an attempt to “give power back to the states and to the people.” But the order itself directs Zinke to consult with appropriate Cabinet secretaries, Governors, and other state and local government officials. The order does not require any public process. It appears that the review process will be far less transparent than the process that led to the designation.
We do know that Secretary Zinke must make a formal recommendation about Bears Ears National Monument within 45 days (roughly June 9th). There is endless speculation about how Zinke and Trump might change the Bears Ears boundaries, if at all. Some members of Utah’s political leadership have asked Trump to rescind the monument designation entirely. That move is likely illegal, as the Antiquities Act gives the President explicit authority to designate National Monuments, but does not give the same power to rescind those designations. Such a move would be immediately challenged in court. A few Presidents going back to Woodrow Wilson have changed the boundaries of National Monuments, but the most recent adjustment I can find was in 1955 when President Eisenhower knocked 25,000 acres off the 1.4-million-acre Glacier Bay National Monument (now National Park).
The Conservation Alliance and Peak Design oppose any effort to change the boundaries of existing national monuments through executive action. National monuments designated since 1996 protect landscapes with important recreation, cultural, and habitat values. During the Obama presidency, The Conservation Alliance worked closely with member companies to demonstrate outdoor business support for protecting new national monuments. These monuments preserve important recreation amenities that benefit all Americans.
We believe that any serious review of national monuments will conclude that these are special lands and waters, beloved by millions of Americans for their cultural, recreation, and habitat values. The Conservation Alliance will work closely with Peak Design, our other member companies, and our partners in the outdoor industry to engage in this issue, and to demonstrate to political leaders the important role national monuments play in the outdoor recreation economy.