DOJ Issues Opinion on Presidential Authority To Revoke or Revise National Monuments
We have had recent devastating losses for access as a result of overreaching Presidential Overreach in the designation of National Monuments. President Trump and Secretary Burgum are well aware of this issue, and requested the Department of Justice to prepare a slip opinion on Presidential authority to revoke or revise a National Monument created by a Prior President.
The DOJ Office of Legal Counsel published a 50 page opinion letter that reviews the text of the Antiquities Act and case law that confirms the President has authority to modify or revoke National Monument designations.
As a brief review, the final version of the adopted Antiquities Acts is very brief and reads:
The President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected.
Much of the opinion and relevant case law is focused on the highlighted sections. The first section specifies that historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest may be designated- It does not allow a parcel of land to be designated in and as of itself. Further the parcel of land must only the smallest area compatible with the proper care and management of the objects to be protected.
Recent National Monuments such as Grand Staircase, Bears Ears, Baaj Nwaavjo I’tah, Chuckwalla, Sattitla Highlands, and the enormous California Coastal and Northeast Canyons and Seamounts Marine National Monuments off both are coasts are not to protect specific objects, so are likely targets for elimination by President Trump by Presidential Proclamation.
UPLA believes it is likely that Trump will consider taking action on some of these monuments which will be an enormous win for OHV and one we should rejoice.
This could likely just be a temporary fix, however, we still need to push for a Congressional solution to prevent this overstepping in the future. UPLA endorses passage of the Ending Presidential Overreach on Public Lands Act introduced by Representative Maloy, Senators Lee and Curtis. When this bill comes up for votes, we will ask you to contact your Congressional representative in the future.
