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SALT LAKE CITY — Three members of Utah's congressional delegation helped introduce a pair of bills in Washington Thursday that seek to reform the Antiquities Act of 1906, using the designations of Grand-Staircase-Escalante and Bears Ears national monuments as examples of what they believe is an "overreach" of the law.
Both bills, one introduced in the U.S. Senate and the other in the House of Representatives, were introduced about a month after Utah appealed a federal judge's decision to dismiss a lawsuit the state filed against the Biden administration over his decision to reinstate the original sizes of the two Utah national monuments.
Utah Sens. Mike Lee and Mitt Romney co-introduced the proposed legislation in the Senate, along with Alaska Sen. Dan Sullivan, Idaho Sen. Jim Risch and Texas Sen. Ted Cruz — all Republicans.
The bill would amend the Antiquities Act to require all national monument and reservation designations to be confirmed by Congress, while declaring that Congress must modify or extend national monument designations within six months of establishment or by the last day of the Congress at the time of establishment, depending on which comes first, according to the senators.
It also would prevent any land designated as a national monument but not ratified by Congress from being included in an established national monument for at least 25 years. Lee said the bill seeks to "bring clarity and accountability" to the national monument creation process.
"The text of the Antiquities Act was clear — to protect significant archaeological and historic sites, but to do so with discretion and to ensure that the designated area was confined to the smallest size necessary for their protection," Lee said in a statement. "Regrettably, we have seen designations that far exceed this directive, impacting millions of acres and the lives of many in the West."
Utah Rep. John Curtis and Iowa Rep. Mariannette Miller-Meeks, both Republicans, introduced companion legislation in the House of Representatives, as well. Curtis said he believes that protecting public lands "should only be done with broad buy-in and collaboration" and that the bill "will ensure proper accountability and sustainability" of public lands.
The century-old law gives the president authority to designate "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest" as national monuments. These, the law states, must be "confined to the smallest area compatible with proper care and management of the objects to be protected," but doesn't quantify size perimeters.
It has only been amended twice since 1906, once in 1950 to add a provision for Congressional approval for any future national monuments created or enlarged in Wyoming as Jackson Hole National Monument merged into Grand Teton National Park, according to the National Park Service. It was adjusted again in 1980 to require congressional approval for any future national monument larger than 5,000 acres.
Utah congressional delegates have tried to amend the law in the past but have been unsuccessful, including an attempt in 2011 to add language to the law that is similar to Wyoming's protection.
In more recent clashes, the state filed a lawsuit against the federal government last year over Biden's decision to reinstate the size of Bears Ears and Grand Staircase-Escalante national monuments, arguing that it was "an abuse of the president's authority under the Monuments and Antiquities Act."
But a federal judge tossed the lawsuit out last month, contending it is "not an action reviewable by a district court" because Congress authorized the president to establish or enlarge a national monument as the president sees fit. His decision was celebrated by conservation groups, who called it "yet another victory for the Antiquities Act and America's public lands."
"The president and Congress both know that national monuments are popular and vital to America's future," said Aaron Weiss, deputy director for the Center for Western Priorities, at the time.
Utah Attorney General Sean Reyes appealed the decision a few days after the fact. Both he and Utah Gov. Spencer Cox said they believe the case could wind up in the Supreme Court.
State leaders also condemned Biden's decision last month to designate close to 1 million acres of public land in Arizona for Baaj Nwaavjo I'tah Kukveni National Monument, arguing that it will increase visitation without "providing any additional resources for law enforcement and infrastructure" to sensitive areas. The move was backed by Native American Tribes and environmentalists.
