October 18, 2017 — WASHINGTON — On Oct. 11, the House Natural Resources Committee approved a proposal from its chairman, Rep. Rob Bishop, R-Utah, to overhaul the Antiquities Act. Bishop’s “National Monument Creation and Protection Act” would severely constrain the power of the president to designate national monuments. It would limit the size of monuments a president could designate as well as the kinds of places protected.
The 1906 Antiquities Act allows a president to act swiftly to protect federal lands facing imminent threats without legislation getting bogged down in Congress. Many popular areas, including Zion, Bryce and Arches national parks in Bishop’s home state, were first protected this way.
Under Bishop’s legislation, any proposal for a monument larger than 640 acres — one square mile — would be subject to a review process: Areas up to 10,000 acres would be subject to review under the National Environmental Policy Act, while those between 10,000 and 85,000 acres would require approval from state and local government. The bill would allow emergency declarations, but they would expire after a year without Congress approval. It would also codify the president’s power to modify monuments — a power that has been contested in light of the Interior Department’s recent recommendations that President Donald Trump reduce the size of several monuments, including Bears Ears and Grand Staircase-Escalante in Utah.