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Support Legislation to Prohibit National Monument Designations that are Not Supported by Affected Local Communities

Representative Paul Gosar introduced legislation on November 5 that would require concurrence from affected local communities and the State before any future declarations can be made under the Antiquities Act. The bill, H.R. 3946, includes provisions that have previously received support in the House of Representatives including:

  • Prohibiting designations in counties where there is significant local opposition.
  • Requiring local and State consultation and concurrence before any declarations.
  • Limiting designations to 5,000 acres or less.
  • Requiring written consent from private property owners before including their private property.

The current president has designated millions of acres of public and private land as national monuments. Other administrations have done the same, but none to this extent. This old law needs to be changed so there is some oversight and discussion before this happens.

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Background:

As it stands, the Antiquities Act of 1906 grants the President the authority to designate “…historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments.” The Antiquities Act also holds that national monuments should be “…confined to the smallest area compatible with proper care and management of the objects to be protected…,” yet Presidents of both parties have, in our view, inappropriately designated enormous swaths of public lands as national monuments.

Too often when widespread local and Congressional support to designate public lands as Wilderness cannot be established, Wilderness proponents turn to a strategy of calling for the President to achieve similar goals by administratively designating the area as a National Monument. It is no secret that those most affected by land use decisions are those who live, recreate and make their livelihoods on or near the public lands in question and should be meaningfully consulted before any designation is made.

While motorized recreation and other multiple uses are not specifically prohibited in National Monument areas, history has proven that even the most responsible multiple uses are banned or restricted once an area is designated.

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