About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 [1] (May 1, 2017)

handle is hein.crs/crsmthmbccg0001 and id is 1 raw text is: 


CRS INSIGHT


Executive Order for Review of National Monuments

May 1, 2017 (IN10696)




Related Authors


   Sarol Hard     in cn

    Laura A Hanson
I


Carol Hardy Vincent, Specialist in Natural Resources Policy (chyincQgngcrsJc gov, 7-8651)
Laura A. Hanson, Senior Research Librarian (gv, 7-7072)

The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain
historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest. The President
is to reserve the smallest area compatible with the proper care and management of the objects to be protected. From
1906 to date, Presidents have established 157 monuments and have enlarged, diminished, or otherwise modified
previously proclaimed monuments.

On April 26, 2017, President Trump issued an c         requiring the Secretary of the Department of the Interior
(DOI) to review national monuments established or expanded by Presidents since 1996. (See Table 1.) The order
requires review of national monuments where the size at establishment or after expansion exceeded 100,000 acres or
where the Secretary determines that the action was taken without adequate public outreach and coordination.

Of the monuments established and expanded since 1996, it appears that Presidents have established or expanded 26
national monuments exceeding 100,000 acres. These monuments are in 10 states and 4 marine areas. (See Table 2.)
However, President Trump's executive order may apply to as many as 54 proclamations by three Presidents (Clinton, G.
W. Bush, and Obama) establishing monuments since 1996, about one-third of all presidentially proclaimed monuments,
and to as many as eight proclamations expanding monuments. The total area of these designations and expansions is
approximately 774 million acres, or about 92% of all monument acreage proclaimed since enactment of the Antiquities
Act. Most of this acreage is in marine areas designated or expanded by Presidents G. W. Bush and Obama.

The executive order specifies factors for the DOI Secretary to evaluate in his review. It requires the Secretary to provide
an interim report to the President within 45 days of the executive order's issuance on Bears Ears National Monument in
Utah and other monuments he determines appropriate, as well as a final report within 120 days of its issuance on
monuments reviewed under the executive order. These reports are to include recommendations for presidential actions,
legislative proposals, or other actions.

Like the President, Congress has created national monuments on federal lands and has increased and decreased
monument sizes. Congress, but not the President, has abolished some monuments and converted others to different

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most