On Wednesday, the U.S. House of Representatives passed H.R. 1459, the Ensuring Public Involvement in the Creation of National Monuments Act with a vote of 222-201. The legislation would modify the Antiquities Act to require public input before a president creates a National Monument.
Presidents derive their authority to unilaterally designate National Monuments from the 1906 Antiquities Act, the intent of which was to give presidents the ability to protect small, specific areas of land with historic or scientific value on an emergency basis. Since its passage, however, presidents of both political parties have gone beyond the Act’s original intent and have designated National Monuments that limit the use of and access to large areas of land.
Currently, the Antiquities Act does not require any involvement for National Monument designations from the public, nor from local, state or federal elected officials. H.R.1459 would change the law to allow the public and elected officials to provide their input on potential National Monument designations. Specifically, this legislation requires compliance with the National Environmental Policy Act (NEPA), which necessitates Congressional approval in certain circumstances, and ensures private property can’t be included in the designation without written consent from the owners. NEPA is already statutorily required for most public-land-use decisions.
Congressman Steve Pearce, Chairman of the Congressional Western Caucus said, “Monument designations should be decided by the people whom they affect, not solely by the President.” said Congressman Pearce. “This legislation prevents continued abuse of the Antiquities Act by the current Administration by giving the American people the opportunity to have a say in the decisions that impact their communities. Public input is paramount in ensuring that monument designation is a transparent procedure. When designations are handed down through executive order like they are now, public opinion is denied and valid concerns are silenced. The current process is detrimental to both conservation and democracy and needs to be revised to ensure American citizens have a say in the decision making process.”
Congressman Rob Bishop, the bill’s sponsor said, “The American people deserve the opportunity to participate in land-use decisions regardless of whether they are made in Congress or by the President. This bill ensures that new national monuments are created openly with consideration of public input. Decisions that impact the livelihoods of so many people deserve to be made out in the open, not behind closed doors,” added Congressman Bishop. “There is no legitimate reason that the President should be able to block the public from being involved in this process, that is why we are adding NEPA to presidential declarations. This bill is simply about transparency and fairness. If the President is confident that a designation is really in the best interest of all American people, then this small modification to the application of the Antiquities Act should be non-controversial.”
Arizona Congressman Ron Barber’s amendment passed which would require that creation of new national monuments consider not only costs but also benefits. “As all Arizonans know well, national monuments, like Chiricahua and the Casa Grande Ruins, bring significant benefits, such as tourism dollars that create jobs and stimulate local economies,” Barber said today on the floor of the House.
“These benefits are real,” Barber added. “Travel and tourism is a major economic driver in Arizona, bringing in millions of dollars to Southern Arizona and billions of dollars in total direct spending statewide.”
Arizona Congressman Paul Gosar said after the vote, “National Monuments can be powerful symbols of our nation’s historical and natural heritage. But presidents shouldn’t have the authority to unilaterally create National Monuments by executive fiat. Public input should be sought first. It is, after all, the people living near these National Monuments who will be the most affected by their creation. These folks deserve a strong voice when it comes to what happens on federal lands near their communities.
“There is a long and shameful list of abuses of the Antiquities Act whereby Presidents of both parties far exceeded the intent and letter of the law. In the West, where the majority of land is locked up by the federal government, the people need a voice before an authoritarian swipe of the pen bars them from even more land. The time to close this loophole is long overdue. Most land designations already require public participation and National Monuments shouldn’t be any different,” concluded Gosar. “This bill finally brings public participation to the monument-designation process.”