Review of Designations Under the Antiquities Act
Signed: April 26, 2017
Published: May 1, 2017
Document Number: 2017-08908
📋Summary
This executive order directs the Secretary of the Interior to review certain national monument designations and expansions made since January 1, 1996, especially those larger than 100,000 acres or those made without enough public outreach and coordination. It affects federal land management and communities near national monuments, including state, tribal, and local governments, as well as people and industries that use or rely on nearby lands (such as for recreation, grazing, or energy development). The review must assess whether each monument matches the Antiquities Act’s purpose and whether the protected area is no larger than needed, while also considering impacts on land use, local economies, and the government’s ability to manage the sites. The order requires an interim report within 45 days focused on Bears Ears (and any other sites the Secretary chooses) and a final report within 120 days, each with recommendations for possible presidential actions, legislative proposals, or other steps consistent with law.
💼Business Impact
This order primarily affects businesses tied to federal land use near large national monuments—oil & gas, mining, timber, grazing, utilities/renewables siting, and real estate development—by signaling potential boundary changes or management shifts that could reopen (or further restrict) access and permitting. It also impacts outdoor recreation, tourism, and hospitality operators (guides, outfitters, lodging) because visitation patterns and allowable commercial activities could change based on revised monument status or management priorities. Compliance-wise, expect heightened scrutiny and uncertainty around federal permits, leases, rights-of-way, and NEPA/cultural-resource reviews while Interior conducts its review and issues recommendations; conversely, there may be opportunities to pursue new or reinstated leases/ROWs if designations are reduced or management plans are amended. Immediate actions: map your assets/projects against post-1996 monuments >100,000 acres, pause or contingency-plan capital commitments dependent on monument access, and engage early in DOI/BLM/USFS stakeholder outreach (with data on jobs/tax impacts) while monitoring the 45-day and 120-day reports for specific sites like Bears Ears.
Full Text
Executive Order 13792 of April 26, 2017
Review of Designations Under the Antiquities Act
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the importance of the Nation's wealth of natural resources to American workers and the American economy, it is hereby ordered as follows:
Section 1 . Policy. Designations of national monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code (the “Antiquities Act” or “Act”), have a substantial impact on the management of Federal lands and the use and enjoyment of neighboring lands. Such designations are a means of stewarding America's natural resources, protecting America's natural beauty, and preserving America's historic places. Monument designations that result from a lack of public outreach and proper coordination with State, tribal, and local officials and other relevant stakeholders may also create barriers to achieving energy independence, restrict public access to and use of Federal lands, burden State, tribal, and local governments, and otherwise curtail economic growth. Designations should be made in accordance with the requirements and original objectives of the Act and appropriately balance the protection of landmarks, structures, and objects against the appropriate use of Federal lands and the effects on surrounding lands and communities.
Sec. 2 . Review of National Monument Designations. (a) The Secretary of the Interior (Secretary) shall conduct a review of all Presidential designations or expansions of designations under the Antiquities Act made since January 1, 1996, where the designation covers more than 100,000 acres, where the designation after expansion covers more than 100,000 acres, or where the Secretary determines that the designation or expansion was made without adequate public outreach and coordination with relevant stakeholders, to determine whether each designation or expansion conforms to the policy set forth in section 1 of this order. In making those determinations, the Secretary shall consider:
(i) the requirements and original objectives of the Act, including the Act's requirement that reservations of land not exceed “the smallest area compatible with the proper care and management of the objects to be protected”;
(ii) whether designated lands are appropriately classified under the Act as “historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific interest”;
(iii) the effects of a designation on the available uses of designated Federal lands, including consideration of the multiple-use policy of section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C. 1701(a)(7)), as well as the effects on the available uses of Federal lands beyond the monument boundaries;
(iv) the effects of a designation on the use and enjoyment of non-Federal lands within or beyond monument boundaries;
(v) concerns of State, tribal, and local governments affected by a designation, including the economic development and fiscal condition of affected States, tribes, and localities;
(vi) the availability of Federal resources to properly manage designated areas; and ( printed page 20430)
(vii) such other factors as the Secretary deems appropriate.
(b) In conducting the review described in subsection (a) of this section, the Secretary shall consult and coordinate with, as appropriate, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the heads of any other executive departments or agencies concerned with areas designated under the Act.
(c) In conducting the review described in subsection (a) of this section, the Secretary shall, as appropriate, consult and coordinate with the Governors of States affected by monument designations or other relevant officials of affected State, tribal, and local governments.
(d) Within 45 days of the date of this order, the Secretary shall provide an interim report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section with respect to Proclamation 9558 of December 28, 2016 (Establishment of the Bears Ears National Monument), and such other designations as the Secretary determines to be appropriate for inclusion in the interim report. For those designations, the interim report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order.
(e) Within 120 days of the date of this order, the Secretary shall provide a final report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section. The final report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order.
Sec. 3 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
( printed page 20431)(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
April 26, 2017.