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National monument (United States)

December 06, 2023

In the United States, a national monument is a protected area that can be created from any land owned or controlled by the federal government by proclamation of the president of the United States or an act of Congress. National monuments protect a wide variety of natural and historic resources, including sites of geologic, marine, archaeological, and cultural importance.[1] In contrast, national parks in the U.S. must be created by Congressional legislation.[2] Some national monuments were first created by presidential action and later designated as national parks by congressional approval.[1]

Devils Tower National Monument, Wyoming
Navajo National Monument, Arizona
Statue of Liberty National Monument, New Jersey and New York
Fort Matanzas National Monument, Florida

The 133 national monuments are managed by several federal agencies: the National Park Service, United States Forest Service, United States Fish and Wildlife Service, the Bureau of Land Management, and the National Oceanic and Atmospheric Administration (in the case of marine national monuments). Historically, some national monuments were managed by the War Department.[3]

The Antiquities Act of 1906 gives presidents the power to proclaim national monuments by executive action. President Theodore Roosevelt used the act to declare Devils Tower in Wyoming as the first U.S. national monument.

History edit

 
Supt. Frank "Boss" Pinkley – the southwestern national monuments, 1934

The Antiquities Act authorized permits for legitimate archaeological investigations and penalties for taking or destroying antiquities without permission. Additionally, it authorized the president to proclaim "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest" on federal lands as national monuments, "the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected."[4]

Presidents have used the Antiquities Act's proclamation authority not only to create new national monuments but to enlarge existing ones. For example, Franklin D. Roosevelt significantly enlarged Dinosaur National Monument in 1938. Lyndon B. Johnson added Ellis Island to Statue of Liberty National Monument in 1965, and Jimmy Carter made major additions to Glacier Bay and Katmai National Monuments in 1978.[5]

Early 20th century origin edit

The Antiquities Act of 1906 resulted from concerns about protecting mostly prehistoric Native American ruins and artifacts (collectively termed "antiquities") on federal lands in the American West.

The reference in the act to "objects of ... scientific interest" enabled President Theodore Roosevelt to make a natural geological feature, Devils Tower in Wyoming, the first national monument three months later.[6] Among the next three monuments he proclaimed in 1906 was Petrified Forest in Arizona, another natural feature. In 1908, Roosevelt used the act to proclaim more than 800,000 acres (3,200 km2) of the Grand Canyon as a national monument.

In response to Roosevelt's declaration of the Grand Canyon monument, a putative mining claimant sued in federal court, claiming that Roosevelt had overstepped the Antiquities Act authority by protecting an entire canyon. In 1920, the United States Supreme Court ruled unanimously that the Grand Canyon was indeed "an object of historic or scientific interest" and could be protected by proclamation, setting a precedent for the use of the Antiquities Act to preserve large areas.[7] Federal courts have since rejected every challenge to the president's use of Antiquities Act preservation authority, ruling that the law gives the president exclusive discretion over the determination of the size and nature of the objects protected.

Mid-20th century edit

In 1918, President Woodrow Wilson proclaimed Katmai National Monument in Alaska, comprising more than 1,000,000 acres (4,000 km2). Katmai was later enlarged to nearly 2,800,000 acres (11,000 km2) by subsequent Antiquities Act proclamations and for many years was the largest national park system unit.

Petrified Forest, Grand Canyon, and Great Sand Dunes, among several other national parks, were also originally proclaimed as national monuments and later designated national parks by Congress.[8][9][10]

Substantial opposition did not materialize until 1943, when President Franklin D. Roosevelt proclaimed Jackson Hole National Monument in Wyoming. He did this to accept a donation of lands acquired by John D. Rockefeller Jr., for addition to Grand Teton National Park after Congress had declined to authorize this park expansion. Roosevelt's proclamation unleashed a storm of criticism about use of the Antiquities Act to circumvent Congress. A bill abolishing Jackson Hole National Monument passed Congress but was vetoed by Roosevelt, and Congressional and court challenges to the proclamation authority were mounted. In 1950, Congress finally incorporated most of the monument into Grand Teton National Park, but the act doing so barred further use of the proclamation authority in Wyoming except for areas of 5,000 acres or less.

Late 20th century and early 21st century edit

The most substantial use of the proclamation authority came in 1978, when President Jimmy Carter proclaimed 17 new national monuments in Alaska after Congress had adjourned without passing a major Alaska lands bill. Congress passed a revised version of the bill in 1980 incorporating most of these national monuments into national parks and preserves, but the act also curtailed further use of the proclamation authority in Alaska.

Carter's 1978 proclamations included Misty Fjords and Admiralty Island National Monuments in the U.S. Forest Service and Becharof and Yukon Flats National Monuments in the Fish and Wildlife Service, the first to be created outside of the National Park Service. The latter two became national wildlife refuges in 1980.

The proclamation authority was not used again anywhere until 1996, when President Bill Clinton proclaimed the Grand Staircase–Escalante National Monument in Utah. This was the first national monument managed by the Bureau of Land Management. This action was unpopular in Utah,[11] and bills were introduced to further restrict the president's authority,[12] none of which have been enacted. Most of the 16 national monuments created by President Clinton are managed not by the National Park Service, but by the Bureau of Land Management as part of the National Landscape Conservation System.

President George W. Bush created four marine national monuments in the Pacific Ocean, the largest in the system: the Papahānaumokuākea Marine National Monument, the Pacific Remote Islands Marine National Monument, the Marianas Marine National Monument, and the Rose Atoll Marine National Monument.[13] They are managed by the Fish and Wildlife Service, with the National Oceanic and Atmospheric Administration overseeing the fisheries.

President Barack Obama significantly expanded two of them and added a fifth in the Atlantic Ocean, the Northeast Canyons and Seamounts Marine National Monument.[14]

On June 24, 2016, Obama designated the Stonewall Inn and surrounding areas in Greenwich Village, New York as the Stonewall National Monument, the first national monument commemorating the movement for LGBT rights in the United States.[15] Obama's establishments included several others recognizing civil rights history, including the César E. Chávez, Belmont–Paul Women's Equality, Freedom Riders, and Birmingham Civil Rights National Monuments.

In December 2017, President Donald Trump substantially reduced the sizes of Bears Ears and Grand Staircase–Escalante National Monuments, removing protections on about 2.8 million acres of land where mining could resume.[16][17] Three lawsuits challenged the legality of this action in federal court,[18] and in October 2021 President Joe Biden reversed the changes.[19] The restoration of the monuments has been challenged in court in an attempt to attack the Antiquities Act.[20][21]

List of national monuments edit

Main article: List of national monuments of the United States

See also edit

References edit

  1. ^ a b "What Is a National Monument?". National Parks Conservation Association. November 9, 2022.
  2. ^ Yard, Robert Sterling (1931). "Difference Between a National Park and a National Monument". The National Parks Portfolio.
  3. ^ Glimpses of Our National Monuments. U.S. Government Printing Office. 1930. from the original on November 22, 2012.
  4. ^ "American Antiquities Act". National Park Service. from the original on October 11, 2014. Retrieved October 11, 2014.
  5. ^ Canyons of the Ancients National Monument (N.M.). Resource Management Plan: Environmental Impact Statement. January 1, 2009. from the original on December 6, 2017.
  6. ^ "Devils Tower first 50 years" (PDF). National Park Service. (PDF) from the original on May 31, 2009. Retrieved October 11, 2014.
  7. ^ . 1920. 252 U.S. 450. Archived from the original on March 30, 2014.
  8. ^ "PUBLIC LAW 85-358-MAR. 28, 1958" (PDF). Government Printing Office. (PDF) from the original on July 13, 2014. Retrieved October 11, 2014.
  9. ^ "Records of the NPS". archives.gov. from the original on October 16, 2014. Retrieved October 11, 2014.
  10. ^ . National Park Service. nps.gov. U.S. Department of the Interior. Archived from the original on 12 December 2017. Retrieved 6 February 2018.
  11. ^ Wieber, Audrey (October 12, 2014). "Locals bitter over Grand Staircase–Escalante National Monument creation". Twin Falls Times-News. Twin Falls, Idaho. from the original on August 26, 2015. Retrieved July 11, 2015 – via MagicValley.com.
  12. ^ Lewis, Neil A. (October 8, 1997). "House tweaks Clinton over creation of national monuments". The New York Times. from the original on July 20, 2015. Retrieved July 11, 2015.
  13. ^ "President Bush Creates Three New Pacific Marine Monuments in U.S. Pacific Insular Areas". June 18, 2015.
  14. ^ "Obama Designates 1st Marine National Monument In The Atlantic Ocean". NPR.org. Retrieved February 13, 2021.
  15. ^ . whitehouse.gov (Press release). June 24, 2016. Archived from the original on February 16, 2017 – via National Archives. Official announcement from White House Press Office
  16. ^ Keith Schneider, Trump dramatically shrinks two national monuments in Utah, assailing rule by 'distant bureaucrats', Los Angeles Times (December 4, 2017).
  17. ^ Eilperin, Juliet (December 8, 2017). "Uranium firm urged Trump officials to shrink Bears Ears National Monument". The Washington Post. from the original on January 2, 2018. Retrieved January 2, 2018.
  18. ^ "NRDC et al. v. Trump (Bears Ears)". NRDC. Retrieved November 8, 2020.
  19. ^ "FACT SHEET: President Biden Restores Protections for Three National Monuments and Renews American Leadership to Steward Lands, Waters, and Cultural Resources". The White House. October 8, 2021. Retrieved October 8, 2021.
  20. ^ "Utah files suit challenging Biden's monument restoration". The Salt Lake Tribune. Retrieved September 6, 2022.
  21. ^ "Goal of Utah's monument lawsuit: Take down the Antiquities Act". The Salt Lake Tribune. Retrieved September 6, 2022.

Further reading edit

  • Dilsaver, Lary M. "A national park in the wasteland: American and National Park Service perceptions of the desert". The Public Historian 38.4 (2016): 38-55.
  • Long, McKenzie. This Contested Land: The Storied Past and Uncertain Future of America's National Monuments (University of Minnesota Press, 2022). A highly personal study of 13 major monuments, it covers land use and ownership, the tension between nature's intrinsic value and the economic value of resource extraction and tourism, and the deeper historical controversies surrounding monuments.
  • Norris, Frank. "The Antiquities Act and the acreage debate". The George Wright Forum 23#3 (2006).
  • Ranchod, Sanjay. "The Clinton National Monuments: Protecting Ecosystems with the Antiquities Act". Harvard Environmental Law Review 25 (2001): 535+.
  • Righter, Robert W. "National monuments to national parks: The use of the Antiquities Act of 1906". Western Historical Quarterly 20.3 (1989): 281-301.
  • Rothman, Hal. Preserving different pasts: The American national monuments (University of Illinois Press, 1989).
  • Shafer, Craig L. "History of selection and system planning for US natural area national parks and monuments: beauty and biology". Biodiversity & Conservation 8 (1999): 189-204.
  • Walls, Margaret, Patrick Lee, and Matthew Ashenfarb. "National monuments and economic growth in the American West". Science advances 6.12 (2020): eaay8523.

External links edit

  •   United States National Monuments travel guide from Wikivoyage
  •   Media related to National Monuments of the United States at Wikimedia Commons
  • The Proclamation of National Monuments Under the Antiquities Act, 1906-1970
  • National Monuments and the Antiquities Act – Congressional Research Service

December 06, 2023
national, monument, united, states, united, states, national, monument, protected, area, that, created, from, land, owned, controlled, federal, government, proclamation, president, united, states, congress, national, monuments, protect, wide, variety, natural,. In the United States a national monument is a protected area that can be created from any land owned or controlled by the federal government by proclamation of the president of the United States or an act of Congress National monuments protect a wide variety of natural and historic resources including sites of geologic marine archaeological and cultural importance 1 In contrast national parks in the U S must be created by Congressional legislation 2 Some national monuments were first created by presidential action and later designated as national parks by congressional approval 1 Devils Tower National Monument WyomingNavajo National Monument ArizonaStatue of Liberty National Monument New Jersey and New YorkFort Matanzas National Monument FloridaThe 133 national monuments are managed by several federal agencies the National Park Service United States Forest Service United States Fish and Wildlife Service the Bureau of Land Management and the National Oceanic and Atmospheric Administration in the case of marine national monuments Historically some national monuments were managed by the War Department 3 The Antiquities Act of 1906 gives presidents the power to proclaim national monuments by executive action President Theodore Roosevelt used the act to declare Devils Tower in Wyoming as the first U S national monument Contents 1 History 1 1 Early 20th century origin 1 2 Mid 20th century 1 3 Late 20th century and early 21st century 2 List of national monuments 3 See also 4 References 5 Further reading 6 External linksHistory edit nbsp Supt Frank Boss Pinkley the southwestern national monuments 1934The Antiquities Act authorized permits for legitimate archaeological investigations and penalties for taking or destroying antiquities without permission Additionally it authorized the president to proclaim historic landmarks historic and prehistoric structures and other objects of historic or scientific interest on federal lands as national monuments the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected 4 Presidents have used the Antiquities Act s proclamation authority not only to create new national monuments but to enlarge existing ones For example Franklin D Roosevelt significantly enlarged Dinosaur National Monument in 1938 Lyndon B Johnson added Ellis Island to Statue of Liberty National Monument in 1965 and Jimmy Carter made major additions to Glacier Bay and Katmai National Monuments in 1978 5 Early 20th century origin edit The Antiquities Act of 1906 resulted from concerns about protecting mostly prehistoric Native American ruins and artifacts collectively termed antiquities on federal lands in the American West The reference in the act to objects of scientific interest enabled President Theodore Roosevelt to make a natural geological feature Devils Tower in Wyoming the first national monument three months later 6 Among the next three monuments he proclaimed in 1906 was Petrified Forest in Arizona another natural feature In 1908 Roosevelt used the act to proclaim more than 800 000 acres 3 200 km2 of the Grand Canyon as a national monument In response to Roosevelt s declaration of the Grand Canyon monument a putative mining claimant sued in federal court claiming that Roosevelt had overstepped the Antiquities Act authority by protecting an entire canyon In 1920 the United States Supreme Court ruled unanimously that the Grand Canyon was indeed an object of historic or scientific interest and could be protected by proclamation setting a precedent for the use of the Antiquities Act to preserve large areas 7 Federal courts have since rejected every challenge to the president s use of Antiquities Act preservation authority ruling that the law gives the president exclusive discretion over the determination of the size and nature of the objects protected Mid 20th century edit In 1918 President Woodrow Wilson proclaimed Katmai National Monument in Alaska comprising more than 1 000 000 acres 4 000 km2 Katmai was later enlarged to nearly 2 800 000 acres 11 000 km2 by subsequent Antiquities Act proclamations and for many years was the largest national park system unit Petrified Forest Grand Canyon and Great Sand Dunes among several other national parks were also originally proclaimed as national monuments and later designated national parks by Congress 8 9 10 Substantial opposition did not materialize until 1943 when President Franklin D Roosevelt proclaimed Jackson Hole National Monument in Wyoming He did this to accept a donation of lands acquired by John D Rockefeller Jr for addition to Grand Teton National Park after Congress had declined to authorize this park expansion Roosevelt s proclamation unleashed a storm of criticism about use of the Antiquities Act to circumvent Congress A bill abolishing Jackson Hole National Monument passed Congress but was vetoed by Roosevelt and Congressional and court challenges to the proclamation authority were mounted In 1950 Congress finally incorporated most of the monument into Grand Teton National Park but the act doing so barred further use of the proclamation authority in Wyoming except for areas of 5 000 acres or less Late 20th century and early 21st century edit The most substantial use of the proclamation authority came in 1978 when President Jimmy Carter proclaimed 17 new national monuments in Alaska after Congress had adjourned without passing a major Alaska lands bill Congress passed a revised version of the bill in 1980 incorporating most of these national monuments into national parks and preserves but the act also curtailed further use of the proclamation authority in Alaska Carter s 1978 proclamations included Misty Fjords and Admiralty Island National Monuments in the U S Forest Service and Becharof and Yukon Flats National Monuments in the Fish and Wildlife Service the first to be created outside of the National Park Service The latter two became national wildlife refuges in 1980 The proclamation authority was not used again anywhere until 1996 when President Bill Clinton proclaimed the Grand Staircase Escalante National Monument in Utah This was the first national monument managed by the Bureau of Land Management This action was unpopular in Utah 11 and bills were introduced to further restrict the president s authority 12 none of which have been enacted Most of the 16 national monuments created by President Clinton are managed not by the National Park Service but by the Bureau of Land Management as part of the National Landscape Conservation System President George W Bush created four marine national monuments in the Pacific Ocean the largest in the system the Papahanaumokuakea Marine National Monument the Pacific Remote Islands Marine National Monument the Marianas Marine National Monument and the Rose Atoll Marine National Monument 13 They are managed by the Fish and Wildlife Service with the National Oceanic and Atmospheric Administration overseeing the fisheries President Barack Obama significantly expanded two of them and added a fifth in the Atlantic Ocean the Northeast Canyons and Seamounts Marine National Monument 14 On June 24 2016 Obama designated the Stonewall Inn and surrounding areas in Greenwich Village New York as the Stonewall National Monument the first national monument commemorating the movement for LGBT rights in the United States 15 Obama s establishments included several others recognizing civil rights history including the Cesar E Chavez Belmont Paul Women s Equality Freedom Riders and Birmingham Civil Rights National Monuments In December 2017 President Donald Trump substantially reduced the sizes of Bears Ears and Grand Staircase Escalante National Monuments removing protections on about 2 8 million acres of land where mining could resume 16 17 Three lawsuits challenged the legality of this action in federal court 18 and in October 2021 President Joe Biden reversed the changes 19 The restoration of the monuments has been challenged in court in an attempt to attack the Antiquities Act 20 21 List of national monuments editMain article List of national monuments of the United StatesSee also editAntiquities Act of 1906 List of U S National Forests List of areas in the United States National Park System includes list of NPS managed national monuments List of U S wilderness areas Protected areas of the United StatesReferences edit a b What Is a National Monument National Parks Conservation Association November 9 2022 Yard Robert Sterling 1931 Difference Between a National Park and a National Monument The National Parks Portfolio Glimpses of Our National Monuments U S Government Printing Office 1930 Archived from the original on November 22 2012 American Antiquities Act National Park Service Archived from the original on October 11 2014 Retrieved October 11 2014 Canyons of the Ancients National Monument N M Resource Management Plan Environmental Impact Statement January 1 2009 Archived from the original on December 6 2017 Devils Tower first 50 years PDF National Park Service Archived PDF from the original on May 31 2009 Retrieved October 11 2014 Cameron v United States 1920 252 U S 450 Archived from the original on March 30 2014 PUBLIC LAW 85 358 MAR 28 1958 PDF Government Printing Office Archived PDF from the original on July 13 2014 Retrieved October 11 2014 Records of the NPS archives gov Archived from the original on October 16 2014 Retrieved October 11 2014 Antiquities Act 1906 2006 Maps facts and figures National Park Service nps gov U S Department of the Interior Archived from the original on 12 December 2017 Retrieved 6 February 2018 Wieber Audrey October 12 2014 Locals bitter over Grand Staircase Escalante National Monument creation Twin Falls Times News Twin Falls Idaho Archived from the original on August 26 2015 Retrieved July 11 2015 via MagicValley com Lewis Neil A October 8 1997 House tweaks Clinton over creation of national monuments The New York Times Archived from the original on July 20 2015 Retrieved July 11 2015 President Bush Creates Three New Pacific Marine Monuments in U S Pacific Insular Areas June 18 2015 Obama Designates 1st Marine National Monument In The Atlantic Ocean NPR org Retrieved February 13 2021 President Obama Designates Stonewall National Monument whitehouse gov Press release June 24 2016 Archived from the original on February 16 2017 via National Archives Official announcement from White House Press Office Keith Schneider Trump dramatically shrinks two national monuments in Utah assailing rule by distant bureaucrats Los Angeles Times December 4 2017 Eilperin Juliet December 8 2017 Uranium firm urged Trump officials to shrink Bears Ears National Monument The Washington Post Archived from the original on January 2 2018 Retrieved January 2 2018 NRDC et al v Trump Bears Ears NRDC Retrieved November 8 2020 FACT SHEET President Biden Restores Protections for Three National Monuments and Renews American Leadership to Steward Lands Waters and Cultural Resources The White House October 8 2021 Retrieved October 8 2021 Utah files suit challenging Biden s monument restoration The Salt Lake Tribune Retrieved September 6 2022 Goal of Utah s monument lawsuit Take down the Antiquities Act The Salt Lake Tribune Retrieved September 6 2022 Further reading editDilsaver Lary M A national park in the wasteland American and National Park Service perceptions of the desert The Public Historian 38 4 2016 38 55 Long McKenzie This Contested Land The Storied Past and Uncertain Future of America s National Monuments University of Minnesota Press 2022 A highly personal study of 13 major monuments it covers land use and ownership the tension between nature s intrinsic value and the economic value of resource extraction and tourism and the deeper historical controversies surrounding monuments Norris Frank The Antiquities Act and the acreage debate The George Wright Forum 23 3 2006 Ranchod Sanjay The Clinton National Monuments Protecting Ecosystems with the Antiquities Act Harvard Environmental Law Review 25 2001 535 Righter Robert W National monuments to national parks The use of the Antiquities Act of 1906 Western Historical Quarterly 20 3 1989 281 301 Rothman Hal Preserving different pasts The American national monuments University of Illinois Press 1989 Shafer Craig L History of selection and system planning for US natural area national parks and monuments beauty and biology Biodiversity amp Conservation 8 1999 189 204 Walls Margaret Patrick Lee and Matthew Ashenfarb National monuments and economic growth in the American West Science advances 6 12 2020 eaay8523 External links edit nbsp United States National Monuments travel guide from Wikivoyage nbsp Media related to National Monuments of the United States at Wikimedia Commons The Proclamation of National Monuments Under the Antiquities Act 1906 1970 National Monuments and the Antiquities Act Congressional Research Service Retrieved from https en wikipedia org w index php title National monument United States amp oldid 1182741722, wikipedia, wiki, book, books, library,

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