View source for Antiquities Act

{{Use American English|date=June 2023}}
{{Short description|1906 U.S. law allowing the president to create national monuments from federal lands}}
{{Use mdy dates|date=June 2018}}
{{Infobox U.S. legislation
| name = Antiquities Act
| fullname = An act for the preservation of American antiquities.
| nickname =
| enacted by = 59th
| effective date = June 8, 1906
| public law url =
| cite public law = {{USPL|59|209}}
| cite statutes at large = {{USStat|34|225}}
| leghisturl =
|sections created= {{unbulleted list|{{Usc-title-chap|54|3203}} §§ 320301 to 320303}}
| introducedin = House
| introducedbill = H.R. 11016
| introducedby = [[John F. Lacey]] (R–[[Iowa|IA]])
| introduceddate = January 9, 1906
| committees = [[United States House Committee on Public Lands|Public Lands]]
| passedbody1 = House
| passeddate1 = June 5, 1906
| passedvote1 =
| passedbody2 = Senate
| passeddate2 = June 7, 1906
| passedvote2 =
| agreedbody3 = House
| agreeddate3 = June 8, 1906
| agreedvote3 =
| signedpresident = [[Theodore Roosevelt]]
| signeddate = June 8, 1906
| SCOTUS cases = {{Ubl|framestyle=line-height:1em|''[[Cameron v. United States]]'', {{ussc|252|450|1920}}|''[[Cappaert v. United States]]'', {{ussc|426|128|1976}}|''[[United States v. California]]'', {{ussc|436|32|1978}}|''[[Alaska v. United States]]'', {{ussc|545|75|2005}}}}
}}
[[File:A Yool DevilsTower 04Sep03.jpg|thumb|upright=0.7|[[Devils Tower National Monument|Devils Tower]], the first national monument]]

The '''Antiquities Act of 1906''' ({{USPL|59|209}}, {{USStat|34|225}}, {{usc|54|320301|320303}}) is an [[Act of Congress|act]] that was passed by the [[United States Congress]] and signed into law by [[Theodore Roosevelt]] on June 8, 1906. This law gives the president of the United States the authority to, by [[presidential proclamation]], create [[National monument (United States)|national monuments]] from [[federal lands]] to protect significant natural, historic, or scientific features. The Act has been used more than a hundred times since its enactment to create a wide variety of protected areas.

==History==
The Antiquities Act was signed into law by President [[Theodore Roosevelt]] during his second term in office. The act resulted from concerns about protecting mostly prehistoric Native American ruins and artifacts—collectively termed "[[antiquities]]"—on federal lands in the West, such as at [[Chaco Culture National Historical Park|Chaco Canyon, New Mexico]]. Removal of artifacts from these lands by private collectors, "pot hunters," had become a serious problem by the end of the 19th century. In 1902, [[Iowa]] Congressman [[John F. Lacey]], who chaired the House Committee on the Public Lands, traveled to the Southwest with the rising [[anthropology|anthropologist]] [[Edgar Lee Hewett]], to see for himself the extent of the pot hunters' impact.  His findings, supported by an exhaustive report by Hewett to Congress detailing the archaeological resources of the region, provided the necessary impetus for the passage of the legislation.<ref>{{cite AV media | title=The National Parks: America's Best Idea | publisher=Florentine Films | people=Ken Burns}}</ref>

The Act failed to deter purposeful, criminal looting at these protected sites and was deemed too vague, eventually resulting in passage of the [[Archaeological Resources Protection Act of 1979]].<ref>{{Cite web |title=NPS Archeology Program: Antiquities Act of 1906 |url=https://www.nps.gov/archeology/tools/laws/antact.htm |access-date=2022-03-01 |website=www.nps.gov}}</ref> The Antiquities Act has been praised by several groups for its ability to protect important sites, including [[The Wilderness Society (United States)|The Wilderness Society]],<ref>{{Cite web |title=Antiquities Act {{!}} The Wilderness Society |url=https://www.wilderness.org/articles/article/antiquities-act |access-date=2021-12-29 |website=www.wilderness.org |language=en}}</ref> the [[National Parks Conservation Association]],<ref>{{Cite web |title=Monuments Protected Under the Antiquities Act |url=https://www.npca.org/resources/2658-monuments-protected-under-the-antiquities-act |access-date=2021-12-29 |website=National Parks Conservation Association |language=en}}</ref> [[The Pew Charitable Trusts]],<ref>{{Cite web |last=Gilroy |first=John |date=7 June 2018 |title=After 112 Years, Antiquities Act Remains Vital |url=https://www.pewtrusts.org/en/research-and-analysis/articles/2018/06/07/after-112-years-antiquities-act-remains-vital |url-status=live |archive-url=https://web.archive.org/web/20180610220117/http://www.pewtrusts.org:80/en/research-and-analysis/articles/2018/06/07/after-112-years-antiquities-act-remains-vital |archive-date=June 10, 2018 |access-date=28 December 2021 |website=Pew Charitable Trusts}}</ref> and the [[National Trust for Historic Preservation]].<ref>{{Cite web |title=Antiquities Act {{!}} National Trust for Historic Preservation |url=https://savingplaces.org/antiquities-act |access-date=2021-12-29 |website=savingplaces.org |language=en-US}}</ref>

Since the Antiquities Act became law, all but three presidents, [[Richard Nixon]], [[Ronald Reagan]], and [[George H. W. Bush|George H.W. Bush]], have chosen to enlarge or dedicate new national monuments.<ref>{{cite web|title=National Monuments and the Antiquities Act|url=https://sgp.fas.org/crs/misc/R41330.pdf|website=Congressional Research Service|date = January 2, 2024}}</ref> [[Barack Obama|President Obama]] established more monuments than any president, with 29 in total.<ref>{{Cite web|url=https://www.cbsnews.com/pictures/president-obama-national-monuments|title=29 breathtaking photos of President Obama's national monuments |last=Adams|first=Cydney|work = CBS News|date = January 10, 2017}}</ref> The previous record was held by [[Bill Clinton|President Clinton]] with 19 monuments. [[Jimmy Carter|President Carter]] dedicated the most acreage to national monuments, mostly in areas in [[Alaska]].<ref>{{cite web|url=https://www.nps.gov/parkhistory/hisnps/NPSHistory/national_monuments.pdf|title=National Monuments Designated by Presidents 1906-2009|work = National Park Service}}</ref>

On April 26, 2017, President [[Donald Trump]] signed [[Executive Order 13792]] directing a review of the law and its uses.<ref>{{cite web|last1=Merica|first1=Dan|title=Trump order could roll back public lands protections from 3 presidents|url=http://www.cnn.com/2017/04/25/politics/donald-trump-federal-lands-antiquities/index.html|website=CNN|date=April 25, 2017 |access-date=April 26, 2017}}</ref>

==Uses==
The Act was intended to allow the president to set aside certain valuable public natural areas as park and conservation land. The 1906 act stated that it was intended for: "... the protection of objects of historic and scientific interest." These areas are given the title of "[[U.S. National Monument|national monuments]]."  It also allows the president to reserve or accept private lands for that purpose.  The aim is to protect all historic and prehistoric sites on United States federal lands and to prohibit excavation or destruction of these antiquities.  With this act, this can be done much more quickly than going through the Congressional process of creating a [[National Park|national park]].  The Act states that areas of the monuments are to be confined to the smallest area compatible with the proper care and management of the objects to be protected.

Protection of sites can include restrictions on mining, logging, grazing, commercial fishing, and hunting; known as land withdrawals, these are typically described in the presidential proclamation establishing the monument.

Some areas designated as national monuments have later been converted to or incorporated into national parks or [[National Historical Parks|national historical parks]]. 28 of the [[List of national parks of the United States|63 national parks]] include areas originally designated as national monuments.<ref>{{Cite web |title=National Monument Facts and Figures - Archeology (U.S. National Park Service) |url=https://www.nps.gov/subjects/archeology/national-monument-facts-and-figures.htm |access-date=2023-03-12 |website=www.nps.gov |language=en}}</ref>

The first use of the Act protected a large geographic feature: President Theodore Roosevelt proclaimed [[Devils Tower|Devils Tower National Monument]] on September 24, 1906.<ref>{{cite web|url=http://www.nps.gov/deto/historyculture/upload/First%2050%20Years.pdf|title=Devils Tower First 50 Years|publisher=National Park Service|access-date=October 11, 2014|url-status=live|archive-url=https://web.archive.org/web/20090531175438/http://www.nps.gov/deto/historyculture/upload/First%2050%20Years.pdf|archive-date=May 31, 2009}}</ref> President Roosevelt also used it to create the Grand Canyon National Monument (now [[Grand Canyon National Park]]) and sixteen other sites.

At {{convert|583000|sqmi|km2|-4}}, [[Papahānaumokuākea Marine National Monument]] is the largest protected area proclaimed.<ref>Papahānaumokuākea protects submerged land.  The largest surface reservation was the proclamation of [[Wrangell-St. Elias National Monument]], {{convert|10950000|acre|km2|-4}}.</ref>  George W. Bush signed proclamation Proclamation 8031 to establish the monument in 2006, and President Barack Obama expanded its size in 2016.

The smallest, [[Father Millet Cross|Father Millet Cross National Monument]] (now part of a state park), was a mere {{convert|0.0074|acre|m2|-1}}.<ref name="act">{{Cite journal |title=Antiquites Act: Monument List |url=http://www.nps.gov/history/archeology/sites/antiquities/MonumentsList.htm |access-date=May 20, 2009 |publisher=National Park Service Archeology Program | archive-url= https://web.archive.org/web/20090509202639/http://www.nps.gov/history/archeology/sites/antiquities/MonumentsList.htm| archive-date= May 9, 2009 | url-status= live}}.</ref>

For any excavation, the Act requires that a permit (Antiquities Permit) be obtained from the Secretary of the department which has jurisdiction over those lands.

Presidents have historically tended to create more monuments during their second terms or [[Lame duck (politics)|lame duck]] periods.<ref>{{Cite web |last=Yachnin |first=Jennifer |date=2024-05-01 |title=Biden striding ahead with monument creation |url=https://www.eenews.net/articles/biden-striding-ahead-with-monument-creation/ |access-date=2024-05-30 |website=E&E News by POLITICO |language=en-US}}</ref>

==Reduction of powers==
Presidential powers under the Act have been reduced twice.  The first time followed the controversial proclamation of [[Jackson Hole National Monument]] in 1943. The 1950 law that incorporated Jackson Hole into an enlarged [[Grand Teton National Park]] also amended the Antiquities Act, requiring Congressional consent for any future creation or enlargement of national monuments in [[Wyoming]].<ref>{{cite web| url=http://www.cr.nps.gov/history/hisnps/npshistory/righter.htm| title=National Monuments to National Parks: The Use of the Antiquities Act of 1906| author=Robert W. Righter| access-date=May 16, 2006 | archive-url= https://web.archive.org/web/20060527064514/http://www.cr.nps.gov/history/hisnps/npshistory/righter.htm| archive-date= May 27, 2006 | url-status= live}}</ref>

The second time followed [[Jimmy Carter]]'s use of the Act to create 17 national monuments in [[Alaska]] covering {{convert|56|e6acre|km2}}.  The [[Alaska National Interest Lands Conservation Act]] rescinded Carter's withdrawals while establishing those areas as national parks or other site types and requires Congressional ratification of the use of the Antiquities Act in Alaska for withdrawals of greater than {{convert|5,000|acre|km2}}.<ref>{{cite web| url=http://www.fws.gov/laws/lawsdigest/alaskcn.html| title=Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service: Alaska National Interest Lands Conservation Act of 1980| author=U.S. Fish and Wildlife Service| access-date=May 16, 2006 | archive-url= https://web.archive.org/web/20060626110319/http://www.fws.gov/laws/lawsdigest/alaskcn.html| archive-date= June 26, 2006 | url-status= live}}</ref>

The Trump administration conducted a review of 27 major designations to consider changes<ref>{{cite report|url=https://www.federalregister.gov/documents/2017/05/01/2017-08908/review-of-designations-under-the-antiquities-act|title=Executive Order 13792: Review of Designations Under the Antiquities Act|author=Donald Trump|date=Apr 26, 2018|pages=20429–20431|quote="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';"|access-date=Jan 6, 2018}}</ref> and Trump subsequently significantly reduced the size of [[Grand Staircase–Escalante National Monument]] and [[Bears Ears National Monument]] in Utah in 2017.<ref name="Vig">{{cite book|last1=Vig|first1=Norman|title=Environmental Policy New Direction for the Twenty-First Century|last2=Kraft|first2=Michael|date=2017|publisher=Sage|pages=106–107}}</ref> Trump also lifted restrictions on commercial fishing at [[Northeast Canyons and Seamounts Marine National Monument]]. The legality of these actions was challenged in federal court, and President Biden restored the original areas and protections in 2021; that restoration was legally challenged.<ref>{{Cite web |last=Dunphey |first=Kyle |date=2024-09-27 |title=Big day for Bears Ears: Appeals court hears arguments in case challenging Utah national monuments |url=https://sourcenm.com/2024/09/27/big-day-for-bears-ears-appeals-court-hears-arguments-in-case-challenging-utah-national-monuments/ |access-date=2024-12-31 |website=Source New Mexico |language=en-US}}</ref> Although some presidents have chosen to ignore the tradition of preservation of notable environmental or historic areas, no president has entirely undone a predecessor's monument.<ref name="Vig" />

The [[United States Supreme Court]] has repeatedly upheld presidential proclamations under the Antiquities Act, ruling each time that the Act gives the president wide discretion as to the nature of the object to be protected and the size of the area reserved.<ref name="Cameron">[http://supreme.justia.com/cases/federal/us/252/450/case.html Cameron v. United States], 252 U.S. 450</ref><ref name="Cappaert">[http://supreme.justia.com/cases/federal/us/426/128/case.html Cappaert v. United States], 426 U.S. 128</ref> The first such case was a unanimous decision in 1920 that upheld the creation of Grand Canyon National Monument.<ref>{{Cite web |title=SUPREME COURT: Chief Justice Roberts invites Antiquities Act challenges |url=https://www.eenews.net/stories/1063728359 |access-date=2021-05-01 |website=www.eenews.net |language=en}}</ref>

==See also==
* [[List of national monuments of the United States]]
* [[National Park Service]]

==References==
{{reflist}}

==Further reading==
* Brinkley, Douglas. ''Wilderness Warrior: Theodore Roosevelt: w and the Crusade for America'' (HarperCollins, 2009).
* McManamon, Francis P. "The Antiquities Act and How Theodore Roosevelt Shaped It." ''The George Wright Forum'' 31#3 (2014) [http://www.georgewright.org/313mcmanamon.pdf online].
* Norris, Frank. "The Antiquities Act and the acreage debate." ''The George Wright Forum'' 23#3 (2006). [http://www.georgewright.org/233.pdf#page=8 online]
* Ranchod, Sanjay. "The Clinton National Monuments: Protecting Ecosystems with the Antiquities Act." ''Harvard Environmental Law Review'' 25 (2001): 535+. [https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/helr25&section=17 online]
* Righter, Robert W. "National monuments to national parks: The use of the Antiquities Act of 1906." ''Western Historical Quarterly'' 20.3 (1989): 281–301. [https://www.jstor.org/stable/969536 online]

==External links==
{{wikisource|An Act for the Preservation of American Antiquities}}
* [https://web.archive.org/web/20220820222409/http://www.nps.gov/archeology/sites/antiquities/monumentslist.htm Chronological list of uses of the Antiquities Act and related actions] from NPS
* [http://www.cr.nps.gov/archeology/pubs/lee/ ''The Story of the Antiquities Act'', by Ronald F. Lee]
* [https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1533&context=articles&httpsredir=1&referer= The Monumental Legacy of the Antiquities Act of 1906 – Mark Squillace, University of Colorado Law School] {{Webarchive|url=https://web.archive.org/web/20220906222114/https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1533&context=articles&httpsredir=1&referer= |date=September 6, 2022 }}
* [http://www.nps.gov/archeology/SITES/Antiquities/docs/2007RSellars-VeryLargeArray-AntiqActMEVENPS.pdf Richard West Sellars, "A Very Large Array: Early Federal Historic Preservation--The Antiquities Act, Mesa Verde, and the National Park Service Act"(background and legislative history) published by the University of New Mexico School of Law, 2007]
* [http://www.uapress.arizona.edu/Books/bid1649.htm/ ''The Antiquities Act: A Century of American Archaeology, Historic Preservation, and Nature Conservation'', ed. by David Harmon, Frank P. McManamon, and Dwight T. Pitcaithley]
*[https://www.npr.org/templates/story/story.php?storyId=90631198 The Highs and Lows of the Antiquities Act]
* [https://fas.org/sgp/crs/misc/R41330.pdf National Monuments and the Antiquities Act] – Congressional Research Service
*[https://www.nps.gov/articles/lee-story-proclamation.htm The Proclamation of National Monuments Under the Antiquities Act, 1906-1970]

{{US Environmental law}}
{{Theodore Roosevelt}}
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[[Category:1906 in the environment]]
[[Category:1906 in American law]]
[[Category:Progressive Era in the United States]]
[[Category:United States federal environmental legislation]]
[[Category:United States federal public land legislation]]
[[Category:National Park Service]]