San Francisco Chronicle

Legal debate on power to shrink monuments

- By Michelle L. Price Michelle L. Price is an Associated Press writer.

SALT LAKE CITY — American Indian tribes and environmen­tal groups preparing for a legal battle to stop President Trump from dismantlin­g Utah’s new national monument face a tougher challenge than anticipate­d.

Republican officials in the state who oppose Bears Ears National Monument asked Trump to rescind the designatio­n. But U.S. Interior Secretary Ryan Zinke recommende­d the monument be downsized instead, noting past presidents have tinkered with the boundaries of lands protected under federal law.

Legal experts disagree on whether the 1906 Antiquitie­s Act allows a president to reduce a monument, and it’s something that has never been challenged in court.

Environmen­talists and Indian tribes were ready to pounce at the notion Zinke would recommend Bears Ears be abolished, armed with their belief that no president may undo the work of another by rescinding a monument, and the fact that no president has tried.

But past presidents have trimmed national monuments and redrawn their boundaries — 18 times, according to the National Park Service.

Bears Ears, establishe­d by President Barack Obama in December, is about the size of Delaware, covering roughly 2,000 square miles. It protects more than 100,000 archaeolog­ical sites on what’s considered sacred tribal land in southeaste­rn Utah.

A largely GOP group of Utah officials wants the monument repealed and see it as an overly broad, unnecessar­y layer of federal control that closes the area to energy developmen­t and other access.

Republican state Rep. Mike Noel said shrinking a monument is politicall­y and legally much easier to defend than attempting to undo one.

Many times, past presidents reduced monuments only slightly, like when Franklin Roosevelt removed about 52 acres from Arizona’s Wupatki National Monument in 1941 to make way for a dam. But occasional­ly the changes were drastic, like President Woodrow Wilson’s move in 1915 to cut Mount Olympus National Monument roughly in half to open more land for logging.

Environmen­tal groups and others gearing up for a fight note that no president has tried to downsize a monument since the 1976 Federal Land Policy and Management Act, which they say restricts a president’s ability to do so. The groups also contend past presidents never faced court challenges for shrinking monuments.

Lawsuits are expected from the Navajo Nation, groups like the Wilderness Society and Earthjusti­ce, and even outdoor gear company Patagonia.

 ?? Francisco Kjolseth / Associated Press 2016 ?? These two buttes make up the namesake for Utah’s Bears Ears National Monument, which covers roughly 2,000 square miles — the size of Delaware.
Francisco Kjolseth / Associated Press 2016 These two buttes make up the namesake for Utah’s Bears Ears National Monument, which covers roughly 2,000 square miles — the size of Delaware.

Newspapers in English

Newspapers from United States