...The subject of Interior’s report is presidential use of the Antiquities Act of 1906. The law allows presidents to unilaterally designate federal lands as “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” These designations change how land is managed and who has access to it. Trump is considering the need to reduce the size of, or altogether eliminate, some of these monuments. Contrary to what the Patagonia commercial and many others would imply, reducing the size of a national monument or even rescinding its status does not open up the federal land to be overrun by oil interests or clear cut by the foresting industry. Federal lands are managed by a web of laws determining who can do what and when. For example, at least nine other laws also address artifact preservation on federal lands...The reason this 110-year-old law has become so contentious is complicated. In part, it has to do with past presidents abusing the purpose of the law. The Antiquities Act directs the president to protect artifacts on federal lands according to the “smallest area compatible with proper care and management of the objects to be protected.” However, in recent history the Antiquities Act has instead been used to pull vast swathes of land out of use. President Barack Obama in particular used this power aggressively. The Sutherland Institute reports that 66 percent of all national monument acreage was designated so under the Obama administration, and 25 percent under President George W. Bush. It also has to do with ensuring quality management of lands. It is no secret that the Department of Interior is facing $15.4 billion in maintenance backlogs, and $11.9 billion of that is in the National Park Service alone. Holly Fretwell of the Property and Environment Research Center reports that “[o]nly 40 percent of park historic structures are considered to be in “good” or better condition and they need continual maintenance to remain that way.” The “why” also has to do with who should get the most say in decision-making...more
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