Controversy over Antiquities Act and National Monuments makes little sense
March 1, 2010 By Kevin Mack

Agua Fria National Monument, Arizona. Courtesy BLM.
Recently, some members of Congress have attempted to create controversy with an anonymous leak of an “Internal Draft — NOT FOR RELEASE” memo within the Department of Interior. The leaked memo contained a list of 14 areas in nine states that might be worthy of being designated as national monuments under the Antiquities Act. The memo clearly stated, “further evaluations should be completed prior to any final decision, including an assessment of public and Congressional support.”
For those of us who follow the political process closely, the resulting controversy is not surprising, but it is nonetheless disappointing.
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Some Republicans have criticized Secretary of the Interior Ken Salazar for acting in secret and for intending to abuse the Antiquities Act to create National Monuments, even though the Act has long been used by Republicans and Democrats alike, including the Bush Administration, to protect some of our nation’s most spectacular areas.
Secretary Salazar has made it clear that he will seek local consensus if any of the potential monument locations become seriously considered, but the controversy has not yet been calmed.
That’s unfortunate, because along with representing the very best of our nation’s natural and cultural heritage, National Monuments are also valuable wildlife sanctuaries that provide abundant opportunities for scientific study and sustainable tourism.
Historically, National Monument proposals have often involved robust debates. In every case, however, the National Monuments in question became sources of local pride and economic boosts for the communities surrounding them.
In 2006, the Sonoran Institute published a comprehensive study of many lands protected within the National Landscape Conservation System, including several National Monuments. The study concluded that protected public land such as National Monuments are an important quality of life indicator that can enhance the economies for nearby communities. The Wilderness Society conducted an analysis of existing studies and found similar trends for those areas with diverse economies and permanently protected public land.
For over a century, American presidents have used the Antiquities Act to preserve America’s most fruitful and historic lands. First used by President Theodore Roosevelt in 1906 to protect southwestern archeological sites and Native American artifacts from digging and looting, the Antiquities Act grants U.S. presidents the authority to permanently reserve historically or naturally significant federal, public land as National Monuments. Teddy Roosevelt established 18 National Monuments during his presidency, protecting over one million acres of land. Since Roosevelt, only three U.S. Presidents have not made use of the Antiquity Act: Richard Nixon, Ronald Reagan and George H.W. Bush.
Designating monuments has been a bipartisan effort. Almost half of the country’s monuments were established by Republican presidents. Soon after the Antiquities Act’s centennial anniversary in 2006, George W. Bush created two very different National Monuments: the African Burial Ground National Monument in New York City and the Papahānaumokuākea Marine National Monument in Hawaii.
In a time when visitation to our national parks, monuments and other protected places is increasing, maintaining the president’s authority to create new National Monuments should be embraced by all Americans. These areas add value to local communities and economies and leave a legacy for our children. The Wilderness Society will continue to work with our local partners, stakeholders, communities, and federal agencies to ensure our best public lands are protected. We strongly support this administration and all future administrations having the authority to designate National Monuments under the Antiquities Act.
photos:
Agua Fria National Monument, Arizona. Courtesy BLM.
African Burial Ground National Monument, New York City. Photo by Victorio Loubriel, Courtesy NPS.
Kevin joined The Wilderness Society in January 2008 as the National Landscape Conservation System Campaign Director, responsible for coordinating TWS activities on behalf of the Conservation System, as well as the efforts of the eighty-member... More about Kevin Mack

Legacy Comments
Would some one please tell me
Would some one please tell me how is it even open for discussion,never mind a senate bill,that the federal government should have control over all water in the United States?How hard is it to understand that private property is just that,private.It is ridiculous that some "environmentalist " in an apartment in New york, whose only contact with said environment is a walk through Central Park when they can't catch a cab,has the arrogance to think that they should dictate what a rancher in Wyoming(who spends all day,every day,in the real environment)should or should not do,on their own(bought and paid for)land.How did it become that a person who doesn't even own an acre,is the authority over one who owns 50,000 acres? Has it ever occurred to any of these armchair outdoorsmen,why there is any wildlife left in America?Do you think that just maybe,if it were not for the big tracks of private land,wether it be a plantation in South Carolina or a ranch in Wyoming,that there would be no such thing as "wildlife habitat'? Perhaps you wilderness society members should pull on your brand new L.L. Bean hiking boots,and go check out some of the "wilderness" that you have fought so hard for,at the expense of real,live,people.You will for sure find solitude,as in not one living thing ,solitude.Unless,of course,you go look at the "wild horses",you will see plenty of them,either starving to death,or dying a slow,painful death after sucking mud in a dry water hole,although it is probably preferable to being held for years on end in a holding pen,because thanks to you,there are more than twice as many horses than the range can support,and,again,thanks to you,they can no longer be put down,which would be the humane thing to do.I bet it never crossed your mind what might become of all the horses that can no longer be sold to slaughter.What do you think that people do now when they can no longer afford or desire to keep, their old,lame horse?Even if they could afford to have it put down by a vet,where would they bury it?More than likely they have no land on which to do so.,So,the available options are,turn them loose on the desert to "run free" with the "wild horses"where odds are they won't last a month,or,just abandon them in a lot,where there is no food or water,and maybe they will live until the Humane Society gets a call from a concerned citizen,only to be put to sleep due to malnutrition,or,because they have thousands of abandoned horses to deal with already,because you do gooders have seen to it that there are no more slaughter houses left in the U.S.but,you might be able to find a truck headed for the slaughter house in Mexico.And you thought the ride to the canners was bad here,it is not only alot farther to Mexico,but,well,you have seen how well they treat their donkies and dogs down there,need I say more?Oh,you might want to get to Jackson Hole to see what is left of the elk herd,those cute wolves you just had to introduce just love elk steak,if you are lucky,right there at the refuge,you might even get to see a wolf hamstring a cow elk,and then rip open her stomach,while she is still alive,and eat her calf out of her,well part of it,then,just leave,wolves don't eat much of what they kill.I guess it is a good thing that the wolves are snacking on the elk,otherwise they would starve because you pretty much got rid of all the ranchers whose hay used to pull them through the winter,and,if you manage to push the Clean Water Act through Congress,the few ranchers left won't be able to chop the ice on the reservoirs they built that water the elk all winter. Question,when you have successfully run all the farmers and ranchers off their own land,what will you guys eat?It won't be deer and elk,because the wolves come first! I bet about now that you are thinking that I am just some uneducated hick from Wyoming that knows nothing about conservation.Truth is,I know all about conservation.I went to boarding school in the northeast,college in Virginia,and am from Charleston,S.C.,where both sides of my family had large plantations.Both sets of Grandparents and my father were conservationists long before it was fashionable.My father was on the board of Adubon,Numerous Land Trusts,Ace Basin,and was the driving force in protecting the Santee River,and on the board of the International Crane Foundation(guess where all those Sandhill Cranes stop on there way north in the spring and back to Nebraska in the fall?Yep,my ranch in northeast Wyoming,and swim around in reservoir full of water pumped off of my coalbed methane gas wells) and was on the board of just about every wildlife/land/ocean/preservation organization in S.C. and nationally.Mr. Grosvenor of National Geographic fame,came for stay many times at Grandma's plantation.My brother worked for National Geographic in D.C.,and spent months on whale research ships,ect..And,my godfather is Jim Fowler(Wild Kingdom with Marlin Perkins).Every plantation and ranch(except mine)that my family owns has a conservation easment.I don't let anyone shoot the coyotes,lions,bobcats or badgers on my ranch,and any rattlesnake that wanders into the ranchyard or I see on the road,I catch Steve Irwin(The Crocodile Hunter)style,and take it way out in the sagebrush and release it.(the cowboys think I'm crazy) The reason I tell you all this is because I know where you are coming from.From what we see on T.V.,we believe that all ranchers overgraze the land and drown wolf pups for fun,and shoot eagles everyday and hunt coyotes all night,and have made it their life mission to eradicate all prairie dogs and sage grouse.It just is not true.I will leave you with a few observations this dude girl has made.Prairie Dogs are no where near endangered.I personally have 10,000 acres of THRIVING dog towns.Yes,they are cute,but after your horse falls into their holes and you go over their head into the pickly pear a few times,they aren't quite as darling.As with most things,nature takes care of things,and every 8 to 10 years,when the numbers get too high,the bubonic plaugue sweeps through them,and the cycle begins again.I can't bring myself to blow their heads off,but the boys do and the eagles,both bald and golden.Sit on the rocks and wait for their cowboys to fix their "lunch".Mule deer fawns sleep under an oilwell pump jack,wild turkeys eat all my chicken feed,and every rancher I know has untangled numerous elk,deer,and antelope out of fences,and one cowboy I know hauled one of his cows that died to where he thought our resident lynx might have their family.I have never known a rancher who doesn't love listening to the coyotes yip,and any oldtimer will tell you that the sage grouse were more plentiful when pastures were grazed pretty short,because they like the small green clover shoots,that and that there are more predators these days,hawks,eagles,coyotes,bobcats,all whom love to eat sage grouse(they are not the brightest or fastest bird on the planet)Like all wildlife,they too come and go in cycles.In a nutshell,ranchers have been stewards of the land for a long time,and thank God for them.One more suggestion,read the Consitution and Declaration of Independence again.Four of my ancestors were signers,and pledged their lives,fortunes,and sacred honor,knowing full well that in doing so,if captured,they would also lose their lives.I,for one do not want to have to face them in the hereafter one day and explain what we have done to the country and the freedom that they risked everything for.I do worry that if environmentalists succeed in taking my ranch from me,who will feed the deer and rabbits hay all winter,and the turkeys corn,and skunks and porcupines dog food? Thanks for listening, Gabrielle H. Manigault Recluse,Wyoming
The government has the right
The government has the right to own all water because the government is the embodiment of the citizens. In addition, property owners - especially those whose families have owned property for generations obtained their land through the governmental doctrine of manifest destiny: that is the government gave it to them. Since then some have worked the land and others have corrupted it for strictly personal (economic) gain without thought or care as to the long-term effects on the nation's resources and it's people. Private land owners are not all saviors. While your writings indicate that you strive for non-violence, you also provide examples of those who do not - violently. It is sad that you are ridding on the laurels of your ancestors and blaming active citizens, who are fighting for a better world FOR ALL OF US, for the difficulties of life and finding a balance. I have a great deal less empathy for ranchers of your kind now. More than anything, you seem to be over-privileged.
PROGRESSIVISM RAISES ITS VERY UGLY HEAD.
I would say you are sadly another PROGRESSIVE who thinks they have the answer to anything and everything. I AM A DEMOCRAT, FROM THE OLD SCHOOL. I HAPPEN TO BELIEVE IN THE CONSTITUTION AND WE, THE PEOPLE, NOT WE, THE GOVERNMENT!
The land in this United States needs no protection from the American people. THIS LAND BELONGS TO AMERICANS to purchase, to groom, to use as farmland, industry, and whatever else they want, if they purchase it. But, it seems to me that the government is trying to prevent industry from getting the shale in Utah that is plentiful, the natural gas that could help supply Americans with a much needed resource of fuel, etc. But, no, you and government feel the need to protect our land from US, the American people. I do believe that the majority of Americans are awakening to the fact that our government is too big for its britches. The majority of Americans plan on changing that soon. Remember, WE, THE PEOPLE????? Have you forgotten already, or do you also want to change our Constitution as this nasty, evil president wants to do? Be warned. Obama will NEVER be re-elected. The American people have had enough and when he goes and the American people eliminate this evil government, you will go, as well.
BE WARNED.
Thank you Tom for your comment
I enjoyed the comments you made, and fully agree with you. We have become a nation of "For The Government" and not "For The People." Our government was set up serve and protect it's citizens and our borders. Unfortunately, large and wealthy corporations, lobby groups, and once again, unfortunately, greedy and dishonest politicians are doing all in there evil power and evil wealth to destroy the people, the land, and the freedom of the United States of America. It's time put and end to the greed of the destruction of this great land. It's time to clean house and destroy the evil that is among us. Americans will wake up and realize that things are very wrong with our government, that I promise you. Thank you for sparking this spirit in me. You are a wise man.
It is very important for us
It is very important for us to preserve our history and our culture with all available means. Everywhere in the world they do the same. In some countries even more than usual but the conclusion is that our history, our past provides important lesson for our future.
Making a Living......
Gas prices rising(soon to be $4.00+), food prices on the upswing, land being grabbed by an out of control government. All this and more is happening NOW! Not 5, 10, 15, or 20 years down the road, but now. I make my living in the oil and gas fields of Northeastern Utah. This is the same area that several hundred thousand acres of land is being debated in the government for designation as wilderness. This is for the sole purpose of closing the production of oil and gas in one of the richest fields in the continental United States. We sit on more than 33 trillion CFM of natural gas(yes trillion, and more than enough for 200 to 300 hundred years at consumtion rates with inflation added), and several billion barrels of oil(a barrel is 42 gallons for the non-oil field people) again enough for a couple of hundred years(seismic studies have confirmed this). Yet the governtment stops this production at ever turn and opportunity. Most recent case in point is the 77 leases that was pulled by Salazar because the government says a study wasn't done, yet the study document can be viewed by anyone whom asks for it. 77 leases isn't much, but when you look at the larger picture of what that well will produce and what it can supply in energy alone, well it's a lot. Plus each lease means jobs for close to a hundred people. 100 people per well. But once a lease is drilled the company that owns the lease can apply for more leases on the same well that was drilled. I personally have seen what is called a "Pad" well. It is 3 or more wells on one location. I have seen as many as 18 wells on one "PAD". Each well requiers the 100 jobs to complete. Do the math. Thousands of jobs down the drain because of a 'so called' technicality. When Obama was elected, I lost a job in the fields. I went to work making less than half the money I was making, and it took me more than two months to find that job. I'm thankful that i have been able to return to the fields and am making good money again. But i'm a lucky one. How about the 20,000 other people whom lost thier job when i did(that is just in Northeastern Utah not the various other fields around the country), and have not been able to find work? The have filed bankruptcy, lost thier homes(many have children), cars repossesed. These people are not deadbeats, but have been forced into this phase of deliquency because of the current sitting president and his cronies.
The Grand Staircase - Escalante National Monument was created for one purpose, and one purpose only, to stop a coal mine from the Andelex Corp. from going in. Even though they had purchased the land and mineral rights from the BLM, had all of the permits, completed all of the studies requiered and had procured the business license. They were ready to build thier site, when the environmentalist; the same ones who sit in thier cozy SoHo apartments, raised an eye in the government. Clinton(yes i didn't use president because i don't think he was one same with Obama) listening to the environmentalists, signed the monument into existance. He did this from the North Rim of the Grand Canyon and not from a site in the Monument. Also when he signed the documentation no one, NO ONE, from Kanab, Utah(where i'm from and a scant 30 miles from the Monument) or Southern Utah; was allowed to attend. I tried to attend, when i was asked where i was from, and of course i told them truthfully, I was turned away and asked to leave. If I didn't leave peacfully i would have been placed into "Protective Custody" and forced to leave. This was done with all residents of Southern Utah. Clinton knew that when he signed that document, he would effectivly kill 8,000 jobs and several million dollars of revenue to the state of Utah as well as to Kane County and Kanab, Utah as well. If the government is for the people, then why would the government destroy the people they are "supposed" to be for? And why do they do it over and over again? This monument was created by the Antiquities Act, an act designed for "Small tracts of land and the smallest area possible to protect the said antiquities". As I said, I'm from Southern Utah and there is very little in the 1.9 million acres of land that was forcibly siezed. A few ruins that only needed maybe 50-100 acres of land each to protect. I know I've been to them before. But 1.9 million? Please that is a blatant theft from the people of Utah, as well as the theft of a very rich, and properous coal mine.
We are the People of the United States of America. Where the three unalienable rights of Life, Liberty, and the pursuit of happiness, was given to us on the blood of our ansestors. I for one will fight, to the death if need be, against the government, environmentalists and anyone who wants to destroy my way of life and my livelyhood. For all of the blue collar workers, ranch and farm owners, or anyone who has to slave 12, 14, 16 hours a day or more just to make ends meet, keep fighting. We will have a government that is for us, the people, not the lobbists, environmentalists, or any group who wants to kill this nation by slowly eating away at peoples rights. Come 2012, Lets vote all the bums out and get people who will work for the little guys.