The Antiquities Act was enacted in 1906 to preserve our nation’s natural treasures that are of “historic or scientific interest.” Unfortunately, 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 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. Unfortunately, many recent monument designations have strayed from the law’s purpose, and larger parcels of land are being taken offline from public recreation, grazing, hunting, mining, timber harvesting and other practical uses.
The Biden Administration in particular has used the Antiquities Act as a tool to restrict development and access to public lands. The Administration has designated eight National Monuments totaling over 4.7 million 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 for the rural communities located near monuments that will have their livelihoods and future prosperity threatened.
A prime example is the designation of the Ancestral Footprints of the Grand Canyon National Monument in 2023 by President Biden. Comprising over 900,000 acres, this designation prohibits future mining activities there despite it holding one of the largest uranium deposits in the United States. The new monument is larger than the initial Grand Canyon designation made by President Theodore Roosevelt in 1908 (818,560 acres).
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 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 overreach stemming from Washington, D.C.
In July, we hosted a forum on “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 despite the negative impacts. Their powerful testimony made clear the urgent need to end abuses of the Antiquities Act.
Congressional Western Caucus members are advocating for solutions, reigning in abuses of the law, and restoring the Antiquities Act to its intended purpose of preserving culturally and historically significant lands.
Dan Newhouse represents Washington’s 4th Congressional District.
