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; andStart 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.
Start 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.
[FR Doc. 2017-08908
Billing code 3295-F7-P
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