ALL NEWS

Biden restores size/protection for Bears Ears and Grand Staircase Escalante national monuments: 5 essential reads

Oct 8, 2021, 12:49 PM | Updated: 12:50 pm

Biden Bears Ears...

The Bears Ears in Utah's San Juan County, a 1.35 million acre region studded with tens of thousands of archaeological jewels spread across a landscape of stunning red-rock scenery. Photo credit: Mike DeBernardo, Deseret News

(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)

(THE CONVERSATION) On Oct. 7, 2021, the Interior Department announced that President Biden was restoring protection for three U.S. national monuments that the Trump administration sought to shrink drastically: Bears Ears and Grand Staircase-Escalante in Utah, and Northeast Canyons and Seamounts in the Atlantic Ocean.

President Trump’s 2017 orders downsizing these monuments, originally created by previous administrations, ignited debate over whether such actions are legal.

Here are five articles from our archives that examine this controversy.

1. A law rooted in presidential power

Presidents can designate lands as national monuments quickly, without seeking consent from Congress, under the 1906 Antiquities Act. Congress passed the law to protect historically valuable archaeological sites in the Southwest that were being looted.

But as the late John Freemuth, a public policy scholar at Boise State University, observed, presidents soon were using it much more expansively – and affected interests pushed back:

“Use of the Antiquities Act has fueled tensions between the federal government and states over land control – and not just in the Southwest region that the law was originally intended to protect. Communities have opposed creating new monuments for fear of losing revenues from livestock grazing, energy development, or other activities, although such uses have been allowed to continue at many national monuments.”

Freemuth predicted in a 2016 article that “future designations will succeed only if federal agencies consult widely in advance with local communities and politicians to confirm that support exists.”

2. Can presidents alter monuments their predecessors created?

Many environmental advocacy groups and tribes opposed President Trump’s order to remove large swaths of land from these three monuments and sued to block it. The Antiquities Act is silent on this question. But when The Conversation asked environmental lawyers Nicholas Bryner, Eric Biber, Mark Squillace and Sean Hecht, they argued – based on other environmental statutes and legal opinions – that such acts would require congressional approval: “Courts have always been deferential to presidents’ use of the law, and no court has ever struck down a monument based on its size or the types of objects it is designed to protect. Congress, rather than the president, has the authority to alter monuments, should it decide that changes are appropriate.”

3. Monuments have scenic, cultural and scientific value

National monuments protect many unique resources. For example, Bears Ears conserves land where Indigenous people have lived, hunted and worshiped for centuries. The Bears Ears designation was requested by an intertribal coalition and approved by President Barack Obama after extensive consultation with tribal governments.

Many national monuments contain scenic lands and areas that are critical habitat for endangered species, such as desert tortoises and California condors. The underwater canyons of Northeast Canyons and Seamounts house sponges, corals, squid, octopus, numerous fish species and endangered sperm whales.

Monuments also can have important scientific value. President Bill Clinton designated Grand Staircase-Escalante partly to protect thousands of unique fossil sites, most of which had yet to be studied. Many were located in areas near potential shale gas, coal or uranium extraction zones.

“Decades of ongoing research in this region have literally rewritten what scientists know about Mesozoic life, especially about the ecosystems that immediately preceded the final extinction of the dinosaurs,” Indiana University earth scientist P. David Polly writes. “Paleontologists like me know that the still-pristine Grand Staircase-Escalante region has divulged only a fragment of its paleontological story.”

4. How a Native American interior secretary sees it

The stark difference between the Trump and Biden administrations’ public land policies can be summed up by comparing their respective interior secretaries.
President Trump chose U.S. Rep. Ryan Zinke of Montana to head the agency, which manages more than 480 million acres of public lands, including national monuments. Zinke, who supported opening public lands for oil and gas development and mining, led a review that proposed shrinking the three monuments Biden has just restored.

President Biden’s interior secretary, former U.S. Rep. Deb Haaland of New Mexico, is the first Native American to head the agency that maintains government-to-government relationships with and provides services to Native American Indian tribes and Alaska Native entities.

“For Native Americans, seeing people who look like us and are from where we come from in some of the highest elected and appointed offices in the U.S. demonstrates inclusion. Indian Country finally has a seat at the table,” writes Arizona State University Indigenous studies scholar Traci Morris.

5. Monuments aren’t always beloved at first

Some of the most popular U.S. national parks initially were protected as national monuments, then expanded and given national park status by Congress years later. They include Acadia in Maine, Joshua Tree in Southern California, and Arches in Utah.

But a site’s merit may not be obvious at first. As Arizona State University’s Stephen Pyne writes, the first Europeans who explored the Grand Canyon in the 18th and 19th centuries thought it was unremarkable or worse; one called it “altogether valueless.”

Then geologists working for the federal government traversed the canyon, and wrote rapturous accounts that recast it as a marvel – a shift that Pyne calls “an astonishing reversal of perception”:

“The geologic mystery of the canyon is how the south-trending Colorado River made a sudden turn westward to carve its way, cross-grained, through four plateaus. This is also more or less what happened culturally. Intellectuals cut against existing aesthetics to make a place that looked nothing like pastorals or alpine mountains into a compelling spectacle.”

President Theodore Roosevelt agreed. After making multiple visits to the canyon, he designated it as a national monument in 1908.

Editor’s note: This story is a roundup of articles from The Conversation’s archives.

This article is republished from The Conversation under a Creative Commons license. Read the original article here: https://theconversation.com/biden-restores-protection-for-national-monuments-trump-shrank-5-essential-reads-169573.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

All News

SWAT...

Kennedy Camarena

Suspect arrested after standoff with SLCPD and SWAT team

SLCPD and SWAT arrested a 26-year-old man Thursday night for threatening a woman. He reportedly said he was going to kill her and then pulled out a knife.

3 minutes ago

political text messages...

Michael Camit

Dodging political scammers during election year

During elections years, political scammers will target voters to try to get their personal information warns the BBB.

33 minutes ago

Left: Actor Tom Wilson performs onstage in May 2005, (Frazer Harrison, Getty Images) Right: Crispin...

Jeff Caplan

Jeff Caplan’s Minute of News: Do bullies grow up to make more money?

A new study from the University of Essex found that schoolyard bullies grow up to make more money.

2 hours ago

"Godzilla x Kong" could have gone without a number of special effects....

Steve Salles

KSL Movie Show review: ‘Godzilla x Kong’ would have been better with more story, less flash

The non-stop, splashy action of 'Godzilla x Kong' started to run together like a psychedelic, neon-tinted kaleidoscope.

2 hours ago

Louis Gosset Jr....

BETH HARRIS Associated Press

Louis Gossett Jr., 1st Black man to win supporting actor Oscar, dies at 87

Actor Louis Gossett Jr. has died at the age of 87. He won an Oscar and an Emmy winner for his role in the seminal TV miniseries "Roots".

2 hours ago

easter egg basket shown, easter spending will be in the billions in the us...

Peter Johnston

Easter spending could bring a $22 billion golden egg for retailers

Easter spending might not be as high this year compared to 2023 but Americans are still expected to spend $177 each on the holiday.

3 hours ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Biden restores size/protection for Bears Ears and Grand Staircase Escalante national monuments: 5 essential reads