Durbin, Dem Senators Press Interior Secretary To Postpone Development Of Management Plans For Bears Ears & Grand Staircase Escalante National Monuments
WASHINGTON—U.S. Senator Dick Durbin (D-IL) today led 12 Democratic senators in pressing the Bureau of Land Management (BLM) to postpone the development of management plans for the Bears Ears and Grand Staircase Escalante National Monument areas in Utah until legal challenges regarding the President’s authority to reduce the size of the monuments have been resolved. The Senators also requested that the Grand Staircase Escalante National Monument management plan remain in effect for all lands within the original monument boundary until resolution of the legal challenges.
On December 4, 2017, President Trump announced this his Administration planned to shrink Bears Ears National Monument by 85 percent, and cut Grand Staircase-Escalante to about half its current size. In response, five Indian tribes sued over President Trump’s move in federal court. They argue that although Congress delegated power to the president under the Antiquities Act to designate national monuments, it did not give the power to reduce them.
“By moving forward with management plans prior to the resolution of the pending lawsuits, BLM could be leaving large swaths of land—full of important historic, cultural, ecological, and scientific resources—without proper protection,” the members wrote in a letter to Ryan Zinke, Secretary of the Department of the Interior. “Until it is clear that the President had the proper authority to shrink both the Bears Ears and Grand Staircase Escalante National Monuments, we urge you not to move forward with developing any management plans for these monuments.”
Along with Durbin, the letter was also signed by U.S. Senators Tom Udall (D-NM), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Martin Heinrich (D-NM), Brian Schatz (D-HI), Tina Smith (D-MN), Richard Blumenthal (D-CT), Ron Wyden (D-OR), Jeff Merkley (D-OR), Michael F. Bennet (D-CO), Catherine Cortez Masto (D-NV), and Tammy Baldwin (D-WI).
On January 30, 2018, 19 Democratic senators introduced the America’s Natural Treasures of Immeasurable Quality Unite, Inspire, and Together Improve the Economies of States (ANTIQUITIES) Act of 2018, legislation that reinforces Congress’ intent in the Antiquities Act of 1906: only Congress has the authority to modify a national monument designation.
Full text of the letter is available here and below:
February 16, 2018
Dear Secretary Zinke:
We urge the Bureau of Land Management (BLM) to postpone the development of management plans for the Bears Ears and Grand Staircase Escalante National Monument areas in Utah until legal challenges regarding the President’s authority to reduce the size of the monuments have been resolved. We also request that the Grand Staircase Escalante National Monument management plan remain in effect for all lands within the original monument boundary until resolution of the legal challenges.
The Antiquities Act of 1906 granted the President the authority to create new national monuments—it did not authorize subsequent Presidential modifications. United States Attorney General Homer Cumming confirmed this in his 1938 opinion stating that the Antiquities Act “does not authorize [the President] to abolish [national monuments] after they have been established.” In 1976, the Federal Land Policy and Management Act, which restated Congress’ sole authority to modify monuments based on the Property Clause of the U.S. Constitution, was enacted. While there have been sixteen instances of a president reducing the size of an existing national monument, all of the previous reductions occurred prior to the enactment of the Federal Land Policy and Management Act. Since then no president has acted to reduce the size of a monument designated by a previous president. This limit to the President’s authority was again recognized in 2004 when the Solicitor General stated in a brief that “Congress intended that national monuments would be permanent; they can be abolished only by Act of Congress.”
Native American, conservation, and paleontology groups have filed lawsuits challenging President Trump’s legal authority to significantly reduce the size of both monuments. The outcome of these legal challenges may have significant impacts on the monuments’ size and management. By moving forward with management plans prior to the resolution of the pending lawsuits, BLM could be leaving large swaths of land—full of important historic, cultural, ecological, and scientific resources—without proper protection.
Until it is clear that the President had the proper authority to shrink both the Bears Ears and Grand Staircase Escalante National Monuments, we urge you not to move forward with developing any management plans for these monuments.
Sincerely,
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