May 3, 2019 — As the new Democratic chairman and top Republican on the House Natural Resources Committee, respectively, Arizona Congressman Raul Grijalva and I recently presided over a hearing examining the status of presidentially declared national monuments under the Antiquities Act, including Utah’s Bears Ears and Grand Staircase-Escalante National Monuments.
I followed-up with a letter to Chairman Grijalva with a simple invitation: Let’s write a national monuments reform bill together that does exactly what he said he wants during that panel.
While the hearing initially focused on two Utah monuments, it didn’t take long for the whole room to realize we were confronting a deeper problem. Republicans, Democrats, and local stakeholders have all expressed frustration with the Antiquities Act. As written, the act incentivizes presidents of both major political parties to sidestep transparent democratic processes by mandating unilateral land use decisions. Consequently, voices from all sides of the political spectrum have been silenced and ignored even as generational decisions about their futures were being made behind closed White House doors.
The Antiquities Act is the law by which presidents have designated monuments ranging from Devil’s Tower in Wyoming to Arizona’s Casa Grande Ruins and Montezuma Castle. Rightly, some monuments enjoy overwhelming local support prior to designation. Due to a lack of a Congressional review requirement for presidential declarations, designations under the Antiquities Act can be promulgated quickly to protect against imminent threats.
That feature of speedy monument designation can also be a curse. This fact has been amply, painfully demonstrated to communities across my state. In the last few decades, presidents have outright abused the Antiquities Act in Utah. Regardless of how you feel about the areas that were designated, the fact that Presidents Clinton and Obama came in the dead of night — without any input from state or local elected officials! — and locked up millions of acres of land is outrageous. Local representation opposed the massive monuments. The livelihoods of ranchers and access for recreators was scuttled overnight, and the traditions of families with generations of responsible land stewardship were suddenly upended without due process.