{ "id": "R44988", "type": "CRS Report", "typeId": "REPORTS", "number": "R44988", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 585937, "date": "2017-10-18", "retrieved": "2020-01-02T14:00:04.750073", "title": "Executive Order for Review of National Monuments: Background and Data", "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 \u201chistoric landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.\u201d Monument proclamations typically seek to provide protections to federal lands and resources. The President is to reserve \u201cthe smallest area compatible with the proper care and management of the objects to be protected.\u201d The act does not further specify the process to be used by Presidents in proclaiming monuments. \nFrom 1906 to date, Presidents have established 157 monuments and have also enlarged, diminished, or otherwise modified previously proclaimed monuments through a total of 259 proclamations. Presidential establishment and modification of national monuments has sometimes been contentious, and litigation and legislation have been pursued. Criticism has centered on the size of the areas and types of resources protected; effect of monument designations on land uses; inclusion of nonfederal lands within monument boundaries; and extent of public consultation. Monument advocates believe the President needs authority to act promptly to protect valuable resources. They assert that the public has supported and courts have upheld presidential designations and that many initially controversial designations have come to be supported.\nIn 2017, the Trump Administration reviewed certain national monuments proclaimed by previous Presidents. The effort began on April 26, 2017, with an executive order requiring the Secretary of the Interior to review national monuments established or expanded by Presidents since 1996. The order required review of national monuments where the size at establishment or after expansion exceeded 100,000 acres or where the Secretary determined that the action was taken \u201cwithout adequate public outreach and coordination with relevant stakeholders.\u201d The Antiquities Act does not specifically require public outreach and coordination in monument designations. The review was to determine if the establishment or expansion of post-1996 monuments conformed to a policy set out in the executive order and to develop any recommendation for presidential actions, legislative proposals, or other actions to carry out the policy. The executive order called for interim and final reports on the monuments under review, within specified time periods.\nThe Department of the Interior (DOI) reviewed a total of 27 monuments, one based on the adequacy of consultation and the others based on their size. During the review, the Administration received 2,839,046 comments from the public and visited several monument areas to receive public input. \nOn August 24, 2017, the Secretary submitted to the President a final report on all 27 monuments reviewed. The report, marked \u201cdraft,\u201d was made public by the news media. It contained recommendations for 10 of the 27 monuments, with between one and six recommendations per monument. The types of recommendations varied. They included amending monument proclamations for specified purposes, changing monument boundaries, agency revision of monument management plans, and seeking authority from Congress for tribal comanagement of cultural areas. The report also contained broader recommendations, including changing the monument designation process, establishing new monuments, and seeking congressional clarification of the limits on executive authority under the Antiquities Act and the intent of Congress regarding land uses of monument areas with other protective designations.\nCongress continues to face a variety of national monument issues. Congress has broad authority to establish, amend, or abolish national monuments and has done so on numerous occasions, including amending and redesignating monuments proclaimed by Presidents. Congress also oversees presidential exercise of authority to proclaim monuments and has considered measures to alter this authority.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R44988", "sha1": "f9a604d335e4a01675a3670eda1c99e63c385c13", "filename": "files/20171018_R44988_f9a604d335e4a01675a3670eda1c99e63c385c13.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R44988", "sha1": "5c1c95744151fd305ab57994eb1b04dc556c4bf3", "filename": "files/20171018_R44988_5c1c95744151fd305ab57994eb1b04dc556c4bf3.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4841, "name": "Federal Land Management" } ] } ], "topics": [ "Energy Policy" ] }