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Subcommittee Chairmen Respond to Antiquities Act Reform Legislation

October 10, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Tomorrow, the Committee will markup H.R. 3990, the “National Monument Creation and Protection Act” or “CAP Act.” Introduced by Chairman Rob Bishop (R-UT), the bill protects archeological resources while ensuring public transparency and accountability in the executive’s use of the Antiquities Act.

“The Constitution gives to Congress alone the jurisdiction over public lands. While the executive should be able to move swiftly to protect small archeological sites from imminent threat of looting or desecration, the decision over whether to set aside vast portions of land in perpetuity should only be made after the lengthy debate, public input and accountability that are the unique attributes of the legislative branch,” Subcommittee on Federal Lands Chairman Tom McClintock (R-CA) said. 

“Our government works best when it works with the people it serves to accomplish objectives for the common good. For too long, our leaders have not adhered to these principles. The ‘National Monument Creation and Protection Act’ seeks to protect the public’s interests from executive overreach through collaboration with local stakeholders, comprehensive review of monument designations and congressional direction on any future presidential monument reductions. I thank Chairman Bishop for his leadership on this issue and look forward to passage of this important legislation,” Subcommittee on Oversight and Investigations Chairman Bruce Westerman (R-AR) stated.

“When Teddy Roosevelt created the Antiquities Act, his intent was to set aside unique areas of land, not to cutoff millions of acres for the federal government to control that produces no revenue or benefit – all while hurting local governments. Through the years, the abuse of this power has snowballed to a point where President Obama designated more acreage during his Presidency than all other Presidents combined. This process unfairly eliminates local input altogether and severely limits the public’s access to hunting, fishing, and other recreational activities as well as reasonable resource development on their public lands. It is important that the decision to designate or expand national monuments is returned to Congress, where the local citizens and communities can have a say,” Subcommittee on Indian, Insular and Alaska Native Affairs Chairman Doug LaMalfa (R-CA) said.

“This legislation secures a future for locally supported national monuments, checked executive authority, and empowered local governments. The original intent of the Act is upheld and strengthened with measures that bring us into the twenty-first century. I firmly believe this will provide the accountability we need when it comes to protecting our lands,”Subcommittee on Water, Power and Oceans Chairman Doug Lamborn (R-CO) stated.

“Regardless of political affiliation, presidents on either side of the aisle shouldn’t be able to create massive new national monuments by executive fiat without local public input. It is, after all, the people living near these national monuments that are most affected by their creation. Our nation’s public resources are best managed when the people that use those lands are intimately involved in the process. Chairman Bishop’s ‘National Monument Creation and Protection Act’ protects private property rights and empowers local stakeholders while also including important clarifying definitions that should have been included in the original law. I am grateful for his strong leadership on this issue and am proud to be a cosponsor,” Subcommittee on Energy and Mineral Resources Chairman Paul Gosar (R-AZ) said.

Secretary Zinke signs Secretarial Order to Support Sportsmen & Enhance Wildlife Conservation

Order seeks to expand access on public and private lands and to promote hunting and fishing among youth, veterans, and minority communities

September 15, 2017 — WASHINGTON — The following was released by the Department of the Interior:

Today, U.S. Secretary of the Interior Ryan Zinke signed Secretarial Order 3356, which will support and expand hunting and fishing, enhance conservation stewardship, improve wildlife management, and increase outdoor recreation opportunities for all Americans. Secretarial Order 3356 is an extension of Secretarial Order 3347, issued on Zinke’s first day, March 2, 2017. That order identified a slate of actions for the restoration of the American sportsmen conservation ethic, which was established by President Theodore Roosevelt.

The new order comes days after the U.S. Fish and Wildlife Service announced a survey that found there are 2.2 million fewer hunters in America now than in 2011. The order seeks to improve wildlife management and conservation, increase access to public lands for hunting, shooting, and fishing, and puts a new and a greater emphasis on recruiting and retaining new sportsmen conservationists, with a focus on engaging youths, veterans, minorities, and other communities that traditionally have low participation in outdoor recreation activities.

“Hunting and fishing is a cornerstone of the American tradition and hunters and fishers of America are the backbone of land and wildlife conservation,” said Secretary Zinke. “The more people we can get outdoors, the better things will be for our public lands. As someone who grew up hunting and fishing on our public lands – packing bologna sandwiches and heading out at 4AM with my dad – I know how important it is to expand access to public lands for future generations. Some of my best memories are hunting deer or reeling in rainbow trout back home in Montana, and I think every American should be able to have that experience.

“Today’s Secretarial Order is the latest example of how the Trump Administration is actively moving to support hunting and other forms of outdoor recreation on public lands. This means finding ways to expand hunting and fishing on public lands, improving access, and taking necessary actions to facilitate the enjoyment of these time-honored activities by any member of our society.”

Read the full release at the Department of the Interior

Donald Trump and the Overinflated Presidency

December 19th, 2016 — In an interview in early December, Speaker of the House Paul Ryan said that President-elect Donald Trump is committed to respecting the constitutional prerogatives of Congress. “We’ve talked about…the separation of powers,” he told “60 Minutes.” “He feels very strongly, actually, that under President Obama’s watch, he stripped a lot of power away from the Constitution, away from the legislative branch of government, and we want to reset the balance of power so that [the] people and the Constitution are rightfully restored.”

If history is any guide, Mr. Ryan’s optimism is misplaced.

During the election of 1912, the Progressive candidate, Theodore Roosevelt, articulated a populist defense of virtually unchecked executive power, declaring that the president is a “steward of the people” who can do anything that the Constitution does not explicitly forbid. Roosevelt’s rival, the Republican incumbent William Howard Taft, defended a far more constrained view of executive power, holding that the president could only do what the Constitution explicitly authorized.

Ever since the presidency of Franklin D. Roosevelt, Republican and Democratic presidents have embraced Theodore Roosevelt’s view, asserting ever more expansive visions of the president’s ability to do whatever he likes without congressional approval. Both George W. Bush and Barack Obama aggressively deployed executive power to circumvent Congress, and their partisans accepted it. During his own campaign, Mr. Trump declared, “I am your voice” and “I alone can fix it.” This is not the rhetoric of a president who intends to defer to the legislative branch.

Read the full story at The Wall Street Journal

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