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Trump administration loses bid to dismiss monument lawsuits

October 2, 2019 — A federal judge has rejected the Trump administration’s bid to dismiss lawsuits challenging the constitutionality of a 2017 decision to downsize two sprawling national monuments in Utah.

U.S. District Court Judge Tanya Chutkan’s written decisions issued Monday night means the legal challenges seeking to return the Bears Ears and Grand Staircase-Escalante national monuments to their original sizes can move forward.

Chutkan didn’t decide the key question at the core of the lawsuits: Does the Antiquities Act give presidents the power to create monuments as well as reduce them?

The government has already created new management plans for the downsized monuments. President Donald Trump downsized Bears Ears by 85% and Grand Staircase by nearly half.

The lawsuits were filed by environmental organizations, tribal coalitions, an outdoor recreation company and a paleontology organization.

Those groups celebrated getting over an initial hurdle as they attempt to reverse decisions they say left sensitive lands and sites vulnerable to damage. Lands cut from the monuments are still under protections afforded to federal lands but are now open to oil and gas drilling and coal mining.

Read the full story at the Associated Press

REP. ROB BISHOP: It’s Time for Congress to Reform the Antiquities Act

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.

Read the full opinion piece at The Daily Caller

Rep. Bishop Commends Confirmation of Bernhardt as Secretary of the Interior

April 11, 2019 — The following was released by The Office of Congressman Rob Bishop (R-UT):

Today, House Natural Resources Committee Ranking Republican Rob Bishop (R-Utah) released the following statement on the confirmation of David Barnhardt as the Secretary of the Department of the Interior.

“After decades of mismanagement and regulatory abuse, the Department of the Interior and the communities impacted by its decisions will greatly benefit with David Bernhardt at the top. He is uniquely qualified to lead the Department and continue important regulatory reforms to improve land management, limit prior executive abuse, expand conservation, and advance greater public access to our public lands. I congratulate David on today’s confirmation.”

JONATHAN WOOD: Here’s why Congress, not the president, should lead on environmental protection

March 26, 2019 — Last month, Congress approved a massive, bipartisan federal lands bill, designating five new national monuments, 1.3 million acres of wilderness, 620 rivers as wild and scenic, and permanently reauthorizing the Land and Water Conservation Fund. This legislative undertaking “touches every state, features the input of a wide coalition of our colleagues, and has earned the support of a broad, diverse coalition of many advocates for public lands, economic development, and conservation,” said Senate Majority Leader Mitch McConnell (R-Ky.). That consensus is impressive in these partisan times, and it suggests these protections will endure.

It is unimaginable that these designations by Congress will be as controversial in two decades as, say, Grand Staircase-Escalante National Monument remains today, 20 years after President Clinton unilaterally proclaimed the monument under the Antiquities Act. The long-simmering political dispute over Clinton’s actions ultimately led to President Trump substantially reducing the size of the monument last year. That, too, is the source of significant conflict.

These two cases reflect conflicting visions of how environmental decisions should be made. When Congress decides, the outcome likely will reflect consensus and compromise. Everyone may not get exactly what they want, but no one completely loses, either. The compromise also is more likely to reflect careful deliberation (the recent public lands bill was in the works for four years) and open debate.

When the executive alone decides, however, the result is more likely to be a one-sided outcome, made with limited public process and without considering opposing views. That’s what happened with the Grand Staircase, which was denounced by former Rep. Bill Orton (D-Utah) as “going around Congress and involving absolutely no one from the state of Utah in the process. There was a major screw-up in the way it was done and how it was drafted.” Utah’s governor and congressional delegation opposed the monument, which is entirely contained within the state. When Clinton announced his decision, Utah officials were excluded in favor of celebrities and environmental activists, including Robert Redford.

Read the full story at The Hill

Trump’s National Monument Changes Return to Spotlight

March 13, 2019 — As Democrats in Congress prepare to scrutinize President Donald Trump’s review of 27 national monuments, most of the recommendations made by ex-Interior Secretary Ryan Zinke remain unfinished as other matters consume the White House.

Trump acted quickly in December 2017 on Zinke’s recommendations to shrink two sprawling Utah monuments that had been criticized as federal government overreach by the state’s Republican leaders since their creation by Democratic Presidents Barack Obama and Bill Clinton.

But in the 15 months since Trump downsized the Utah monuments, the president has done nothing with Zinke’s proposal to shrink two more monuments, in Oregon and Nevada, and change rules at six others, including allowing commercial fishing inside three marine monuments in waters off New England, Hawaii and American Samoa.

Zinke resigned in December amid multiple ethics investigations — and has joined a Washington, D.C. lobbying firm. Trump has nominated as his replacement Acting Interior Secretary David Bernhardt, a former lobbyist for the oil and gas industry and other corporate interests.

Read the full story from the Associated Press at U.S News and World Report

Zinke backs shrinking more national monuments and shifting management of 10

December 7, 2017 — Interior Secretary Ryan Zinke on Tuesday called on President Trump to shrink a total of four national monuments and change the way six other land and marine sites are managed, a sweeping overhaul of how protected areas are maintained in the United States.

Zinke’s final report comes a day after Trump signed proclamations in Utah that downsized two massive national monuments there — Bears Ears by 85 percent and Grand Staircase-Escalante by nearly 46 percent. The president had directed Zinke in April to review 27 national monuments established since 1996 under the Antiquities Act, which gives the president broad authority to safeguard federal lands and waters under threat.

In addition to the Utah sites, Zinke supports cutting Nevada’s Gold Butte and Oregon’s Cascade-Siskiyou, though the exact reductions are still being determined. He also would revise the proclamations for those and the others to clarify that certain activities are allowed.

The additional monuments affected include Northeast Canyons and Seamounts in the Atlantic Ocean; both Rose Atoll and the Pacific Remote Islands in the Pacific Ocean; New Mexico’s Organ Mountains-Desert Peaks and Rio Grande Del Norte, and Maine’s Katahdin Woods and Waters.

Read the full story at the Washington Post

 

Wall Street Journal: The Right Move on Monuments

December 5, 2017 — President Trump announced Monday that he will dramatically reduce the acreage of two national monuments. The order ends excessive federal control of Utah land, allowing residents to protect their own territory and conserve their cultural relics.

Congress passed the Antiquities Act in 1906 to give Presidents emergency authority to prevent the looting and destruction of national treasures. The law said designated monuments should be limited to “the smallest area compatible with proper care and management of the objects,” but Bill Clinton and Barack Obama misapplied this power to carry out a Washington land grab.

Without public comment, the federal government unilaterally seized control of more than 3.2 million acres of southeastern Utah that together constitute the Grand Staircase-Escalante and Bears Ears national monuments. Residents and their elected representatives had minimal influence on the draconian land-use restrictions imposed by Washington bureaucrats. In September, Interior Secretary Ryan Zinke described how the Antiquities Act had been abused “to prevent public access and to prevent public use” of land, harming everyone from cattlemen to cross-country skiers.

Read the full editorial at the Wall Street Journal

Trump shrinks two huge national monuments in Utah, drawing praise and protests

December 4, 2017 — SALT LAKE CITY — President Trump on Monday drastically scaled back two national monuments established in Utah by his Democratic predecessors, the largest reduction of public lands protection in U.S. history.

Trump’s move to shrink the Bears Ears and Grand Staircase-Escalante national monuments by more than 1.1 million acres and more than 800,000 acres, respectively, immediately sparked an outpouring of praise from conservative lawmakers as well as activists’ protests outside the White House and in Utah. It also plunges the Trump administration into uncharted legal territory since no president has sought to modify monuments established under the 1906 Antiquities Act in more than half a century.

His decision removes about 85 percent of the designation of Bears Ears and nearly 46 percent of that for Grand Staircase-Escalante, land that potentially could now be leased for energy exploration or opened for specific activities such as motorized vehicle use.

Trump told a rally in Salt Lake City that he came to “reverse federal overreach” and took dramatic action “because some people think that the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington. And guess what? They’re wrong.”

“They don’t know your land, and truly, they don’t care for your land like you do,” he added. “But from now on, that won’t matter.”

Conservatives have long sought to curb a president’s unilateral power to safeguard federal lands and waters under the law, a practice that both Democrats and Republicans have pursued since it was enacted under Theodore Roosevelt. The issue has been a particular flash point in the West, where some local residents feel the federal government already imposes too many restrictions on development and others, including tribal officials, feel greater protections of ancient sites are needed.

Even before Trump made the announcement as part of a day trip to the state, National Cattlemen’s Beef Association Craig Uden was hailing the resized designations. While grazing has continued on both monuments, as well as on others, Uden said ranchers could not have greater input into how they are managed.

“We are grateful that today’s action will allow ranchers to resume their role as responsible stewards of the land and drivers of rural economies,” he said.

Read the full story at the Washington Post

President Trump’s Monument Rightsizing: Myth vs. Fact

December 4, 2017 — The following was released by the House Committee on Natural Resources Chairman Rob Bishop:

Panic is gripping the Left. The President of the United States apparently has the audacity to enforce the Antiquities Act as it is written: he dares to confine monuments “to the smallest area compatible with proper care and management of the objects to be protected.”

President Trump has rightsized Bears Ears (BENM) and Grand Staircase-Escalante National Monuments, and now special interest groups will again attempt to lie, distort and, misrepresent their way to another ill-gotten political victory at the expense of local communities.

Here’s what they’ll say, and here’s why they’re wrong.

MYTH:  The President’s actions are illegal.

  • FACT: False. Propagators of this particular myth put themselves in the absurd position of claiming that one unilateral presidential action can bind every successor in perpetuity. If this seems more reminiscent of an autocracy than a constitutional democracy responsive to the demands of the people, that’s because it is. Not only canpresidents scale back monuments, they have done so on at least 18 other occasions. Two examples: President Taft reduced his own monument by 89% and Woodrow Wilson shrank Teddy Roosevelt’s by 50%.

MYTH: The President’s actions are unpopular.

  • FACT: Mischaracterization. Unpopular with whom? While many people, separated from the consequences, may support the monuments, the affected communities have been staunchly opposed to excessively large designations. For example in BENM, the San Juan County Commission, the state legislature, the local chapter of the Navajo Nation, the Governor, and every member of the state’s congressional delegation fought the original designation tooth and nail.

MYTH: The President’s actions represent another broken promise to tribes.

  • FACT: Wrong. It’s important to note that tribal support for the monument was not unanimous. Regardless, the original BENM proclamation did not bestow legal co-management, nor did it ever have the authority to do so. The council created by Obama’s designation had only an advisory role and no official decision-making power. Congress will act to provide legally enforceable tribal co-management.

MYTH: The President’s actions are an attack on our country’s treasured national parks.

  • FACT: Not true. Attempts to blur the distinctions between national monuments and national parks are fear-mongering lies. No national parks were under review and no national parks were reduced. National monuments and parks are unrelated classifications.

MYTH: The President’s actions will hurt local economies.

  • FACT: Incorrect. Most monuments, which are created without congressional consultation, lack the infrastructure to support public access and a robust tourism economy, while simultaneously stifling traditional economic uses. The Grand Staircase national monument designation, for example, resulted in a $9M loss to the local economy, according to a study conducted by Utah State University.

MYTH: The President’s actions are a boondoggle for the oil and gas industry.

  • FACT: Wrong. The land in question remains in federal ownership and subject to the same rigorous environmental reviews all such land undergoes. In any case, there really aren’t economically recoverable oil and gas resources in BENM. Framing this debate as energy vs. protection may be a useful cudgel for litigation activists, but that doesn’t make it accurate.

MYTH: The President’s actions will harm conservation in the area.

  • FACT: Way off. The Antiquities Act was never meant to be a landscape conservation tool. It was designed to protect antiquities. President Trump’s proclamation maintains protections for bona fide antiquities while respecting traditional land uses. These communities, more attached to the land than anyone, have been maintaining the land for generations.

MYTH: The President’s actions will leave antiquities and resources without any protections.

FACT: Nope. Everyone is concerned about looting and desecration of antiquities or sensitive areas. Here’s a novel idea: rather than focusing exclusively on these particular lands, what if we protected all antiquities on federal lands? Great idea, right? In fact, Congress has already done just that. In 1979 Congress passed the Archaeological Resources Protection of Act (ARPA). ARPA gave the federal government the power to impose severe fines and even imprisonment for looting. It protects ALL federal lands, with or without monument designation.

Learn more about the House Committee on Natural Resources by visiting their site here.

 

Bishop Statement on President Trump Protecting Antiquities in Utah, Addressing Past Executive Abuse

December 4, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources: 

House Committee on Natural Resources Chairman Rob Bishop (R-UT) issued the following statement:

“I applaud President Trump for recognizing the limitations of the law. Americans of all political stripes should commend him for reversing prior administrations’ abuses of the Antiquities Act and instead exercising his powers within the scope of authority granted by Congress.

“These new proclamations are a first step towards protecting identified antiquities without disenfranchising the local people who work and manage these areas. The next steps will be to move beyond symbolic gestures of protection and create substantive protections and enforcement and codify in law a meaningful management role for local governments, tribes and other stakeholders.”

REMINDER:

 Tomorrow, at 11:00 AM EST, Chairman Rob Bishop (R-UT), Rep. Chris Stewart (R-UT) and Rep. John Curtis (R-UT) will host a Pen & Pad to discuss President Trump’s visit to Utah and the introduction of related legislation. For reporters outside of Washington, D.C. there will be a call in number. In order to join in person or via phone, you must RSVP.

WHAT: Pen & Pad with Chairman Bishop, Reps. Stewart and Curtis
WHEN: Tuesday, December 5
11:00 AM EST
WHERE:

 

CALL:

 TBD

 

Number: 1-888-998-7893

Passcode: PROTECTION

 

To RSVP, please contact Katie Schoettler at katie.schoettler@mail.house.gov.