House Committee Moves Bill Requiring Transparency in Designation of National Monuments

The House Natural Resources Committee yesterday approved a bill that would restore Congress’ original intent in passing the Antiquities Act in 1906. In modernizing the law for the 21st century, the Farm Bureau-backed National Monument Creation and Protection Act (H.R. 3990) would protect archeological resources while ensuring public transparency and accountability in the president’s use of the Antiquities Act.

Approved by Congress more than a century ago, the Antiquities Act does not explicitly require the president to consult with local and state authorities, but it does mandate that the president reserve “the smallest area compatible with the proper care and management of the objects to be protected.”

However, over the last eight years, the Obama administration used the authority provided by the Antiquities Act to go well beyond Congress’ intent, locking up millions of acres of land from multiple-uses by designating land as national monuments.

In a letter sent to President Donald Trump early this year, Farm Bureau and 18 other organizations highlighted their concerns and called for action. The groups represent the landowners, grazing permitees, loggers, forest products companies, miners and local governments who have been harmed by federal government’s overreach in the national monument designation process.

“We strongly oppose the ongoing misuse of the Antiquities Act by the executive branch and request your administration to work swiftly to resolve these conflicts and work with Congress to pass legislation to improve accountability and transparency in the designation of national monuments. Such reform will ensure that the will of local communities is respected and true American antiquities can be protected,” the groups wrote.

The National Monument Creation and Protection Act addresses several of the groups’ concerns. It includes provisions to protect endangered antiquities and to prevent abuse of executive authority and the designation of excessive national monuments. The bill would also empower impacted local communities and protect property rights.