Buzzwords: National Monument
First look at the report summary sent by U.S. Secretary of the Interior Ryan Zinke to the president regarding the 27 national monuments larger than 100,000 acres established since the presidency of Bill Clinton.
The entire report has not yet been made public.
Downsizing the size of the monuments represents an unprecedented effort to roll back protections on federal land and would prompt the first major legal test of a century-old conservation law.
The Center for Biological Diversity filed a Freedom of Information Act request today for Interior Secretary Ryan Zinke’s report to President Trump.
Responding to a call for feedback, some 2.7 million people have sent comments, with more than 90% urging the government to maintain protection of the national monuments.
When will the complete report be available to the public?
What legal challenges will be issued?
WASHINGTON – Today, U.S. Secretary of the Interior Ryan Zinke sent a draft report to the president which included his findings and recommendations on national monuments that were under review as a result of the April 26, 2017 executive order. The report summary can be read here.
The extensive 120-day review included more than 60 meetings with hundreds of advocates and opponents of monument designations, tours of monuments conducted over air, foot, car, and horseback (including a virtual tour of a marine monument), and a thorough review of more than 2.4 million public comments submitted to the Department on regulations.gov. Additionally, countless more meetings and conversations between senior Interior officials and local, state, Tribal, and non-government stakeholders including multiple Tribal listening sessions.
The review was initiated by President Trump in order to restore trust in the multiple-use mission of the Department and to give rural communities a voice in federal land management decisions. In order to make the process transparent and give local residents and stakeholders a voice, the Secretary announced on May 5, 2017 the opening up of a formal comment period for the review, as the President directed. This was the first time ever that a formal comment period was open on regulations.govfor national monuments designated under the Antiquities Act.
“No President should use the authority under the Antiquities Act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the object,” said Secretary Zinke.“The recommendations I sent to the president on national monuments will maintain federal ownership of all federal land and protect the land under federal environmental regulations, and also provide a much needed change for the local communities who border and rely on these lands for hunting and fishing, economic development, traditional uses, and recreation.”
While traveling across the country, Secretary Zinke met with hundreds of local stakeholders and heard concerns about some national monuments negatively impacting things like local revenue from federal lands, agriculture, private property rights, public access to land, traditional Tribal uses of the land, and timber harvesting.
Over the 120-day review, Secretary Zinke visited eight national monument sites in six states:
- Bears Ears (UT)
- Grand Staircase Escalante (UT)
- Katahdin Woods and Waters (ME)
- Northeast Canyons and Seamounts
- Cascade Siskiyou (OR & CA)
- Organ Mountains-Desert Peaks (NM)
- Basin and Range (NV)
- Gold Butte (NV)
The following national monuments were announced to have been removed from review prior to the August 24 deadline:
- Craters of the Moon
- Hanford Reach
- Upper Missouri River Breaks
- Grand Canyon-Parashant
- Canyons of the Ancients
- Sand to Snow
REPORT SUMMARY BY U.S. SECRETARY OF THE INTERIOR RYAN ZINKE
In 1906, Congress delegated to the President the power to designate a monument under the Antiquities Act (Act). The Act authorizes the President singular authority to designate national monuments without public comment, environmental review, or further consent of Congress. Given this extraordinary executive power, Congress wisely placed limits on the President by defining the objects that may be included within a monument as being “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest,” by restricting the authority to Federal lands, and by limiting the size of the monument to “the smallest area compatible with proper care and management of the objects.” Congress retained its authority to make land use designations without such limitations. Even with the restrictive language, use of the Act has not always been without controversy. In fact, even Theodore Roosevelt’s first proclamation of the roughly 1,200 acre Devil’s Tower in Wyoming was controversial. Since that time, the use of the Act has largely been viewed as an overwhelming American success story and today includes almost 200 of America’s greatest treasures.
More recently, however, the Act’s executive authority is under scrutiny as administrations have expanded both the size and scope of monument designations. Since 1996 alone, the Act has been used by the President 26 times to create monuments that are over 100,000 acres or more in size and have included private property within the identified external boundaries. While early monument designations focused more on geological formations, archaeological ruins, and areas of historical interest, a more recent and broad interpretation of what constitutes an “object of historic or scientific interest” has been extended to include landscape areas, biodiversity, and view sheds. Moreover, features such as World War II desert bombing craters and remoteness have been included in justifying proclamations.
The responsibility of protecting America’s public lands and unique antiquities should not be taken lightly; nor should the authority and the power granted to a President under the Act. No President should use the authority under the Act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the object. It is Congress and not the President that has the authority to make protective land designations outside of the narrow scope of the Act, and only Congress retains the authority to enact designations such as national parks, wilderness, and national conservation and recreation areas. The executive power under the Act is not a substitute for a lack of congressional action on protective land designations.
President Trump was correct in tasking the Secretary of the Interior (Secretary) to review and provide recommendations of all monuments that were designated from 1996 to the present that are 100,000 acres or greater in size or made without adequate public consultation. This is far from the first time an examination of scope of monuments has been conducted. Existing monuments have been modified by successive Presidents in the past, including 18 reductions in the size of monuments, and there is no doubt that President Trump has the authority to review and consider recommendations to modify or add a monument.
The methodology used for the review consisted of three steps. The first step was to gather the facts which included the examination of existing proclamations, object(s) to be protected, segregation of the objects (if practical) to meet the “smallest area compatible” requirement, the scientific and rational basis for the boundaries, land uses within the monument, public access concerns and authorized traditional uses, and appropriate environmental and cultural protections. As directed by the President, the second step was to ensure that the local voice was heard by holding meetings with local, state, tribal, and other elected officials as well as meetings with non-profit groups and other stakeholders, as well as providing an online format for public comment. The final step was to review policies on public access, hunting and fishing rights, traditional use such as timber production and grazing, economic and environmental impacts, potential legal conflicts, and provide a report to the President no later than August 24, 2017.
The review found that each monument was unique in terms of the object(s) used for justification, proclamation language, history, management plans, economic impact, and local support. Adherence to the Act’s definition of an “object” and “smallest area compatible” clause on some monuments were either arbitrary or likely politically motivated or boundaries could not be supported by science or reasons of practical resource
management. Despite the apparent lack of adherence to the purpose of the Act, some monuments reflect a long public debate process and are largely settled and strongly supported by the local community. Other monuments remain controversial and contain significant private property within the identified external boundary or overlap with other Federal land designations such as national forests, Wilderness Study Areas, and lands specifically set aside by Congress for timber production.
Public comments can be divided into two principal groups. Proponents tended to promote monument designation as a mechanism to prevent the sale or transfer of public land. This narrative is false and has no basis in fact. Public lands within a monument are federally owned and managed regardless of monument designation under the Act. Proponents also point to the economic benefits from increased tourism from monument recognition. On this point, monument status has a potential economic benefit of increased visitation, particularly to service related industries, outdoor recreation industries, and other businesses dependent or supported by tourism. Increased visitation also places an additional burden and responsibility on the Federal Government to provide additional resources and manpower to maintain these lands to better support increased visitation and recreational activities.
Comments received were overwhelmingly in favor of maintaining existing monuments and demonstrated a well- orchestrated national campaign organized by multiple organizations. Opponents of monuments primarily supported rescinding or modifying the existing monuments to protect traditional multiple use, and those most concerned were often local residents associated with industries such as grazing, timber production, mining, hunting and fishing, and motorized recreation. Opponents point to other cases where monument designation has resulted in reduced public access, road closures, hunting and fishing restrictions, multiple and confusing management plans, reduced grazing allotments and timber production, and pressure applied to private land owners encompassed by or adjacent to a monument to sell.
Press Release from Center for Biological Diversity
For Immediate Release, August 24, 2017
Records Request Demands Zinke’s Report to Trump on National Monuments
Sham National Monument Review Still Shrouded in Secrecy
WASHINGTON— The Center for Biological Diversity filed a Freedom of Information Act request today for Interior Secretary Ryan Zinke’s report to President Trump on the fate of 27 national monuments.
The Interior report, which was sent to Trump today, has not been released. According to reports, Zinke has recommended removing protections for some national monuments.
“This entire review has been a lawless, secretive sham,” said Randi Spivak, the Center’s public lands director. “Now Trump and Zinke are hiding the report so they don’t have to face public backlash for trying to sell out America’s public lands to fossil fuel development and logging. They’re asking for a court battle. And they’ll get one.”
The report concludes the Trump administration’s controversial 120-day review of 27 national monuments spanning more than 1 billion acres of public lands and oceans.
Zinke visited only eight at-risk monuments during his review, meeting almost exclusively with monument opponents, including representatives of the oil, gas and timber industries. He arbitrarily “pardoned” six national monuments, without providing any criteria for his decisions to leave current protections in place.
A vast majority of Americans support national monuments and oppose removing protections. More than 2.7 million people wrote to the Interior Department urging Zinke and Trump to preserve the 27 monuments.
Today I sent my report to the White House on national monuments. https://t.co/EnVO0ZMEZf
— Secretary Ryan Zinke (@SecretaryZinke) August 24, 2017
— Rep. Ruben J. Kihuen (@RepKihuen) August 24, 2017
Today we filed a FOIA request for Zinke's report to Trump on the fate of 27 national monuments. https://t.co/CNSyUa3Il6
— Center for Bio Div (@CenterForBioDiv) August 24, 2017
— Nevada Independent (@TheNVIndy) August 24, 2017