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Antiquities Act in the Crosshairs Again

March 12, 2010

There they go again. Western lawmakers who call themselves conservative but put conservation far down on their priority lists are trying to weaken the Antiquities Act.

The law, passed by a Republican Congress in 1906 and signed into law by Theodore Roosevelt, has been used by presidents from both parties to protect spectacular natural and historical treasures on federal lands by designating them as national monuments.

The Grand Canyon, Devils Tower, Bryce Canyon, Death Valley, and Carlsbad Caverns are among the more than 100 special places protected as a result of the Antiquities Act, one of the most effective conservation statutes on the books.

Most recently, George W. Bush put the law to spectacular use by including more than 200 million acres of federally managed Pacific islands and territorial waters in four monuments in order to protect their wildlife, archaeological resources, and geological formations.

When word got around recently that the Interior Department has been talking over possible monument designations in the West, ideologues leaped into action, dusting off hackneyed, false slogans about federal land grabs and introducing legislation to curb presidential powers granted by the Antiquities Act.

Montana Congressman Dennis Rehberg introduced a bill requiring congressional approval of presidentially proclaimed monuments in his state. Similar bills were introduced for Utah, Colorado, Nevada, and California.

Under the Antiquities Act, national monuments can only be proclaimed on federal land. How the federal government can grab land already under its authority is not made clear by the complainers.

What is clear is that they want federal lands to be cut, mined, and drilled for raw commodities, and the sooner the better. For these "conservatives," consumption is king and conservation is a distant also-ran.

If enacted, the bills they’ve proposed would match a 1950 law requiring congressional approval of new or expanded monuments in Wyoming.

That law was passed after a battle royal over Jackson Hole National Monument. Local opposition to the monument had been fierce ever since Franklin D. Roosevelt proclaimed it in 1943. The Wyoming carve-out from the Antiquities Act was part of the deal for folding the monument into Grand Teton National Park.

Times have changed. Setting aside special places isn’t so bad once people calm down and think through what protected lands can do for their communities. Today, Wyoming proudly features the Tetons on its auto license plates.