The Antiquities Act was enacted in 1906 to preserve our nation’s natural treasures that are of “historic or scientific interest.” Unfortunately, as time has passed, the law has been abused by the executive branch to lock up lands across the West, threatening private landowners, recreational opportunities and resource development alike. It’s time for Congress to act and put an end to this abuse while ensuring the original intent of the law is respected.
The Antiquities Act requires presidents to preserve “the smallest area compatible with the proper care and management of the objects to be protected.” This is a common-sense approach to preserving remarkable lands that should become monuments, and something that most of us can agree on. Unfortunately, many recent monument designations have strayed from the law’s original purpose and larger parcels of land are being taken offline from public recreation, grazing, hunting, mining, timber harvesting and other practical uses.
The Biden-Harris Administration, in particular, has used the Antiquities Act as a key tool in their strategy to restrict development and public access to public lands. The Administration has designated eight National Monuments totaling over 4,700,000 acres, expanded numerous others and has proposed to designate two additional monuments planned in Colorado and New Mexico. These actions have real-world consequences and have been implemented with disregard to the rural communities located near monuments will have their livelihoods and future prosperity threatened.
A prime example of this misuse of executive power is the designation of the Ancestral Footprints of the Grand Canyon National Monument in August 2023 by President Biden. Comprising over 900,000 acres, this designation prohibits future mining activities despite one of the largest uranium deposits in the United States within the confines of the monument. This new monument is larger than the initial Grand Canyon designation made by President Theodore Roosevelt in 1908 (818,560 acres), showcasing how designations have expanded in reach over the last century.
I have the privilege of chairing the Congressional Western Caucus, an organization with over 100 members of the House of Representatives focused on advocating on behalf of rural and Western America. One of our main objectives is to defend against the Federal government’s overreach that threatens rural communities, including landowners and small businesses. As a third-generation farmer, I know that it is imperative to keep the rights of private landowners safe from executive overreach stemming from Washington, D.C.
In July, we hosted a forum on Capitol Hill titled “Abuses of the Antiquities Act and Impacts on Landowners." We heard from stakeholders and elected officials in New Mexico and Utah about how monument designations and expansions are being conducted without local voices being heard and the negative impacts this will have. This powerful testimony made clear the urgent need for abuses of the Antiquities Act to end.
Congressional Western Caucus members are actively advocating for solutions to reign in abuses of the law and restore the Antiquities Act to its intended purpose of preserving culturally or historically significant lands.
As Chairman of the Congressional Western Caucus, I will continue to fight against executive abuse of the Antiquities Act to ensure our landowner rights are protected and our Western communities are not overburdened.
Dan Newhouse represents Washington’s 4th Congressional District and serves as chairman of the Congressional Western Caucus.
