{ "id": "R41330", "type": "CRS Report", "typeId": "R", "number": "R41330", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "National Monuments and the Antiquities Act", "retrieved": "2024-06-18T04:03:48.513914", "id": "R41330_47_2024-05-10", "formats": [ { "filename": "files/2024-05-10_R41330_232612979696cedfbc7ad6bcb0308b728591f5cc.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R41330/47", "sha1": "232612979696cedfbc7ad6bcb0308b728591f5cc" }, { "format": "HTML", "filename": "files/2024-05-10_R41330_232612979696cedfbc7ad6bcb0308b728591f5cc.html" } ], "date": "2024-05-10", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R41330", "type": "CRS Report" }, { "source_dir": 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"source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R41330", "type": "CRS Report" }, { "source_dir": "crsreports.congress.gov", "title": "National Monuments and the Antiquities Act", "retrieved": "2024-06-18T04:03:48.506426", "id": "R41330_34_2022-07-11", "formats": [ { "filename": "files/2022-07-11_R41330_2eaf7e49b15393e37a7042ff2f198f0c4759647b.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R41330/34", "sha1": "2eaf7e49b15393e37a7042ff2f198f0c4759647b" }, { "format": "HTML", "filename": "files/2022-07-11_R41330_2eaf7e49b15393e37a7042ff2f198f0c4759647b.html" } ], "date": "2022-07-11", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R41330", "type": "CRS Report" }, { "source_dir": "crsreports.congress.gov", "title": "National Monuments and the Antiquities Act", "retrieved": "2024-06-18T04:03:48.504811", "id": "R41330_32_2021-08-27", "formats": [ { "filename": "files/2021-08-27_R41330_64f5c099324fa7d7ebc64b2dcd19bdcf3c5d0d43.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R41330/32", "sha1": "64f5c099324fa7d7ebc64b2dcd19bdcf3c5d0d43" }, { "format": "HTML", "filename": "files/2021-08-27_R41330_64f5c099324fa7d7ebc64b2dcd19bdcf3c5d0d43.html" } ], "date": "2021-08-27", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R41330", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 588118, "date": "2018-11-30", "retrieved": "2018-12-04T14:08:20.926907", "title": "National Monuments and the Antiquities Act", "summary": "The Antiquities Act of 1906 (54 U.S.C. \u00a7\u00a7320301-320303) authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act was designed to protect federal lands and resources quickly. Presidents have proclaimed a total of 158 monuments, and also have enlarged, diminished, and changed the terms of monuments previously proclaimed by Presidents. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority. \nPresidential establishment of monuments sometimes has been contentious\u2014for example, President Franklin D. Roosevelt\u2019s creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton\u2019s establishment of 19 monuments and expansion of 3 others (1996-2001). Debate over the President\u2019s authority to establish and modify national monuments has continued in light of more recent presidential action, namely President Obama\u2019s designation of 29 new monuments and enlargement of 5 others, and President Trump\u2019s designation of 1 monument and reduction and modification of the terms of 2 others. \nVarious issues regarding presidentially designated monuments have generated controversy, lawsuits, statutory changes, and legislative proposals to limit the President\u2019s authority. Some concerns have centered on the extent of the President\u2019s authority to establish and modify monuments, the size of the areas, the types of protected resources and the level of threats to these resources, the inclusion of nonfederal lands within monument boundaries, the selection of the managing agency, restrictions on land uses that may result, and the manner in which the monuments were created. \nMost monument advocates favor the Antiquities Act in its present form. They believe that the act serves an important purpose in preserving resources for future generations and that the President needs continued authority to act promptly to protect valuable resources on federal lands from potential threats. They assert that the public has supported and courts have upheld designations by the President and that many past presidential designations that initially were controversial have come to be supported. \nGiven the recurring controversies over presidential monument proclamations, Congress has evaluated whether to abolish, limit, or retain unchanged the President\u2019s authority under the Antiquities Act. During recent Congresses, measures were considered to impose restrictions on presidential authority, including to limit the designation of monuments in particular locations and promote presidential creation of monuments in accordance with certain federal land management, public participation, and environmental laws. Other measures sought to change land uses within monuments or alter monument boundaries. Among other bills, some proposals would have barred the President from reducing or abolishing national monuments or increased funds for presidentially proclaimed monuments.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41330", "sha1": "902d996d3ab73c5a96b479218a803690efbc3301", "filename": "files/20181130_R41330_902d996d3ab73c5a96b479218a803690efbc3301.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41330", "sha1": "2735e9a97a8ea1665242ff84c8e58e606c670c50", "filename": "files/20181130_R41330_2735e9a97a8ea1665242ff84c8e58e606c670c50.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4841, "name": "Federal Land Management" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] }, { "source": "EveryCRSReport.com", "id": 458637, "date": "2017-01-30", "retrieved": "2017-02-03T19:09:44.747624", "title": "National Monuments and the Antiquities Act", "summary": "The Antiquities Act of 1906 (54 U.S.C. \u00a7\u00a7320301-320303) authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act was designed to protect federal lands and resources quickly. Presidents have proclaimed a total of 157 monuments. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority. \nPresidential establishment of monuments sometimes has been contentious\u2014for example, President Franklin D. Roosevelt\u2019s creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton\u2019s establishment of 19 monuments and expansion of 3 others (1996-2001). President Obama\u2019s designation of new monuments (29 in total) and enlargement of others (5 in total) renewed debate over the Antiquities Act. Issues have included the size of the areas and types of resources protected; the effects of monument designation on land uses; the level and types of threats to the areas; the inclusion of nonfederal lands within monument boundaries; the lack of public participation, congressional and state approval, and environmental review requirements in the act; and selection of the managing agency. \nOn occasion, presidential monument designations have prompted changes in law to restrict the President\u2019s authority to proclaim monuments, particularly in individual states. Critics of the existing authority continue to seek to limit or revoke the President\u2019s authority. The 115th Congress is considering proposals to limit the President\u2019s authority to proclaim monuments. Among their other provisions, some of these bills seek to \nbar the President from declaring monuments in particular areas\u2014H.R. 243 and S. 22 (Nevada);\nclarify that in conflicts between the Antiquities Act and the Magnuson Stevens Fishery Conservation and Management Act, the latter law would take precedence\u2014H.R. 200;\nmake the President\u2019s authority subject to congressional approval, the pertinent state legislature, and the National Environmental Policy Act\u2014S. 33 and S. 132;\nrestrict monument proclamations in areas of the exclusive economic zone\u2014S. 33; and \nbar the Administration from implementing restrictions on public use of a national monument until certain conditions are met\u2014S. 33 and S. 132.\nMonument advocates favor the Antiquities Act in its present form. They assert that the public has supported and courts have upheld designations by the President and that many past presidential designations that initially were controversial have come to be supported. They contend that the President needs continued authority to act promptly to protect valuable resources on federal lands from potential threats.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41330", "sha1": "d750b017a78ea033341341f391c1727a75687fa5", "filename": "files/20170130_R41330_d750b017a78ea033341341f391c1727a75687fa5.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41330", "sha1": "e313e8a36511852dca4acb3687edf27c4ef3aab0", "filename": "files/20170130_R41330_e313e8a36511852dca4acb3687edf27c4ef3aab0.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4841, "name": "Federal Land Management" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] }, { "source": "EveryCRSReport.com", "id": 455930, "date": "2016-09-19", "retrieved": "2016-11-28T21:33:41.731966", "title": "National Monuments and the Antiquities Act", "summary": "The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act was designed to protect federal lands and resources quickly, and Presidents have proclaimed a total of 152 monuments. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority. \nPresidential establishment of monuments sometimes has been contentious\u2014for example, President Franklin Roosevelt\u2019s creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton\u2019s establishment of 19 monuments and expansion of 3 others (1996-2001). President Obama\u2019s designation of 24 new monuments and enlargement of 3 others have renewed controversy over the Antiquities Act. However, the President cited support for his designations, many of which had been proposed for protective designations by legislation. \nIssues have included the size of the areas and types of resources protected; the effects of monument designation on land uses; the level and types of threats to the areas; the inclusion of nonfederal lands within monument boundaries; the lack of public participation and environmental review requirements in the act; and selection of the managing agency. \nOn occasion, presidential monument designations prompted changes in law to restrict the President\u2019s authority to proclaim monuments. Critics of the existing authority continue to seek to limit or revoke the President\u2019s authority. The 114th Congress is considering proposals to limit the President\u2019s authority. Among their other provisions, some of these bills seek to \nbar the President from declaring monuments in particular areas\u2014H.R. 488 and S. 232 (Nevada); H.R. 3946, H.R. 5538, and H.R. 5781 (counties); S. 3317 (Utah);\nrequire approval by the pertinent state legislature (H.R. 900, H.R. 2258, H.R. 4132, S. 228, S. 437, S. 2004) or governor (H.R. 3946, H.R. 4132); \nmake the President\u2019s authority subject to congressional approval\u2014H.R. 2258, H.R. 3668 (Section 905) (areas in CA), H.R. 3389, S. 2004\u2014and also to the National Environmental Policy Act (NEPA)\u2014H.R. 330, H.R. 900, S. 228, S. 437; \nrestrict monument proclamations to 5,000 acres or less (H.R. 3946); \nlimit or prohibit designations from affecting particular activities or rights (H.R. 3946, S. 972, S. 1416);\nrestrict monument proclamations in areas of the exclusive economic zone (H.R. 330, S. 437, H.R. 5538 \u00a7499);\ncreate requirements for advance notice of proclamations and for public hearings, comment, and report following proclamations (H.R. 3389);\nrequire approval of local governing bodies and land and wildlife management authorities (H.R. 3946); and\nbar the Administration from implementing restrictions on public use of a national monument until certain conditions are met (H.R. 330, H.R. 900, S. 228, S. 437). \nMonument advocates favor the Antiquities Act in its present form. They assert that the public has supported and courts have upheld designations and that many past designations that initially were controversial have come to be supported. They contend that the President needs continued authority to act promptly to protect valuable resources on federal lands from potential threats.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41330", "sha1": "896fa8c349b8c2775c828201a056c2dc81c7a17c", "filename": "files/20160919_R41330_896fa8c349b8c2775c828201a056c2dc81c7a17c.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41330", "sha1": "e1eef7aca6f5797eb2f941ad7b6f6972fa5c4187", "filename": "files/20160919_R41330_e1eef7aca6f5797eb2f941ad7b6f6972fa5c4187.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4841, "name": "Federal Land Management" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] }, { "source": "EveryCRSReport.com", "id": 455812, "date": "2016-09-15", "retrieved": "2016-09-16T18:01:44.665444", "title": "National Monuments and the Antiquities Act", "summary": "The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act was designed to protect federal lands and resources quickly, and Presidents have proclaimed a total of 152 monuments. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority. \nPresidential establishment of monuments sometimes has been contentious\u2014for example, President Franklin Roosevelt\u2019s creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton\u2019s establishment of 19 monuments and expansion of 3 others (1996-2001). President Obama\u2019s designation of 24 new monuments and enlargement of 3 others have renewed controversy over the Antiquities Act. However, the President cited support for his designations, many of which had been proposed for protective designations by legislation. \nIssues have included the size of the areas and types of resources protected; the effects of monument designation on land uses; the level and types of threats to the areas; the inclusion of nonfederal lands within monument boundaries; the lack of public participation and environmental review requirements in the act; and selection of the managing agency. \nOn occasion, presidential monument designations prompted changes in law to restrict the President\u2019s authority to proclaim monuments. Critics of the existing authority continue to seek to limit or revoke the President\u2019s authority. The 114th Congress is considering proposals to limit the President\u2019s authority. Among their other provisions, some of these bills seek to \nbar the President from declaring monuments in particular states or counties\u2014H.R. 488 and S. 232 (Nevada); H.R. 3946, H.R. 5538, and H.R. 5781 (counties); \nrequire approval by the pertinent state legislature (H.R. 900, H.R. 2258, H.R. 4132, S. 228, S. 437, S. 2004) or governor (H.R. 3946, H.R. 4132); \nmake the President\u2019s authority subject to congressional approval\u2014H.R. 2258, H.R. 3668 (Section 905) (areas in CA), H.R. 3389, S. 2004\u2014and also to the National Environmental Policy Act (NEPA)\u2014H.R. 330, H.R. 900, S. 228, S. 437; \nrestrict monument proclamations to 5,000 acres or less (H.R. 3946); \nlimit or prohibit designations from affecting particular activities or rights (H.R. 3946, S. 972, S. 1416);\nrestrict monument proclamations in areas of the exclusive economic zone (H.R. 330, S. 437, H.R. 5538 \u00a7499);\ncreate requirements for advance notice of proclamations and for public hearings, comment, and report following proclamations (H.R. 3389);\nrequire approval of local governing bodies and land and wildlife management authorities (H.R. 3946); and\nbar the Administration from implementing restrictions on public use of a national monument until certain conditions are met (H.R. 330, H.R. 900, S. 228, S. 437). \nMonument advocates favor the Antiquities Act in its present form. They assert that the public has supported and courts have upheld designations and that many past designations that initially were controversial have come to be supported. They contend that the President needs continued authority to act promptly to protect valuable resources on federal lands from potential threats.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41330", "sha1": "67193b9ccc8e2a41640eb140040bc6a08a8275ab", "filename": "files/20160915_R41330_67193b9ccc8e2a41640eb140040bc6a08a8275ab.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41330", "sha1": "7d9b5190fc6ef4f898d2e7b667dd7c0531831a19", "filename": "files/20160915_R41330_7d9b5190fc6ef4f898d2e7b667dd7c0531831a19.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 314, "name": "Federal Lands" } ] }, { "source": "EveryCRSReport.com", "id": 455561, "date": "2016-09-07", "retrieved": "2016-09-09T18:31:10.231225", "title": "National Monuments and the Antiquities Act", "summary": "The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act was designed to protect federal lands and resources quickly, and Presidents have proclaimed a total of 151 monuments. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority. \nPresidential establishment of monuments sometimes has been contentious\u2014for example, President Franklin Roosevelt\u2019s creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton\u2019s establishment of 19 monuments and expansion of 3 others (1996-2001). President Obama\u2019s designation of 23 new monuments and enlargement of 3 others have renewed controversy over the Antiquities Act. However, the President cited support for his designations, many of which had been proposed for protective designations by legislation. \nIssues have included the size of the areas and types of resources protected; the effects of monument designation on land uses; the level and types of threats to the areas; the inclusion of nonfederal lands within monument boundaries; the lack of public participation and environmental review requirements in the act; and selection of the managing agency. \nOn occasion, presidential monument designations prompted changes in law to restrict the President\u2019s authority to proclaim monuments. Critics of the existing authority continue to seek to limit or revoke the President\u2019s authority. The 114th Congress is considering proposals to limit the President\u2019s authority. Among their other provisions, some of these bills seek to \nbar the President from declaring monuments in particular states or counties\u2014H.R. 488 and S. 232 (Nevada); H.R. 3946, H.R. 5538, and H.R. 5781 (counties); \nrequire approval by the pertinent state legislature (H.R. 900, H.R. 2258, H.R. 4132, S. 228, S. 437, S. 2004) or governor (H.R. 3946, H.R. 4132); \nmake the President\u2019s authority subject to congressional approval\u2014H.R. 2258, H.R. 3668, (Section 905) (areas in CA), H.R. 3389, S. 2004\u2014and also to the National Environmental Policy Act (NEPA)\u2014H.R. 330, H.R. 900, S. 228, S. 437; \nrestrict monument proclamations to 5,000 acres or less (H.R. 3946); \nlimit or prohibit designations from affecting particular activities or rights (H.R. 3946, S. 972, S. 1416);\nprohibit the President from designating monuments in areas of the exclusive economic zone unless certain conditions are met (H.R. 330, S. 437);\ncreate requirements for advance notice of proclamations and for public hearings, comment, and report following proclamations (H.R. 3389);\nrequire approval of local governing bodies and land and wildlife management authorities (H.R. 3946); and\nbar the Administration from implementing restrictions on public use of a national monument until certain conditions are met (H.R. 330, H.R. 900, S. 228, S. 437). \nMonument advocates favor the Antiquities Act in its present form. They assert that the public has supported and courts have upheld designations and that many past designations that initially were controversial have come to be supported. They contend that the President needs continued authority to act promptly to protect valuable resources on federal lands from potential threats.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41330", "sha1": "04803171a69cda46bff066680c62cb63e2828b3b", "filename": "files/20160907_R41330_04803171a69cda46bff066680c62cb63e2828b3b.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41330", "sha1": "d04a9091c06da975655dccff89139adad9e4d089", "filename": "files/20160907_R41330_d04a9091c06da975655dccff89139adad9e4d089.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 314, "name": "Federal Lands" } ] }, { "source": "EveryCRSReport.com", "id": 443184, "date": "2015-07-22", "retrieved": "2016-04-06T18:45:20.681866", "title": "National Monuments and the Antiquities Act", "summary": "The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act was designed to protect federal lands and resources quickly, and Presidents have proclaimed a total of 145 monuments. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority. \nPresidential establishment of monuments sometimes has been contentious\u2014for example, President Franklin Roosevelt\u2019s creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton\u2019s establishment of 19 monuments and expansion of 3 others (1996-2001). President Obama\u2019s designation of 17 new monuments and enlargement of 2 others have renewed controversy over the Antiquities Act. However, the President cited support for his designations, many of which had been proposed for protective designations by legislation. \nIssues have included the size of the areas and types of resources protected; the effects of monument designation on land uses; the level and types of threats to the areas; the inclusion of nonfederal lands within monument boundaries; the lack of public participation and environmental review requirements in the act; and selection of the managing agency. \nOn occasion in the past, presidential monument designations prompted changes in law to restrict the President\u2019s authority to proclaim monuments. Opponents continue to seek to limit or revoke the President\u2019s authority. The 114th Congress currently is considering proposals to limit the President\u2019s authority. Among their other provisions, some of these bills seek to \nbar the President from declaring monuments in Nevada\u2014H.R. 488 and S. 232. \nrequire approval by the pertinent state legislature\u2014H.R. 900, H.R. 2258, S. 228, S. 437. \nmake the President\u2019s authority subject to congressional approval\u2014H.R. 2258\u2014and also to the National Environmental Policy Act (NEPA)\u2014H.R. 330, H.R. 900, S. 228, S. 437. \nclarify that in conflicts between the Antiquities Act and the Magnuson Stevens Fishery Conservation and Management Act, the latter law takes precedence\u2014H.R. 1335. \nlimit or prohibit designations from affecting particular activities or rights\u2014H.R. 1735 (House-passed version), S. 972, S. 1416.\nprohibit the president from designating monuments in areas of the exclusive economic zone unless certain conditions are met\u2014H.R. 330, S. 437.\nbar the Administration from implementing restrictions on public use of a national monument until certain conditions are met\u2014H.R. 330, H.R. 900, S. 228, S. 437. \nMonument advocates favor the Antiquities Act in its present form. They assert that the public has supported and courts have upheld designations and that many past designations that initially were controversial have come to be supported. 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