National Monuments & the Antiquities Act – Oh to Wield Such Power
The first family in Acadia National Park
Like many Americans, President Obama took his family out to visit a national park this summer. He, Michelle, Sasha, and Malia visited Acadia National Park last month. It’s a shame his handlers took his cell phone away; he could have downloaded a NaturePod for his visit.
Standing on top of Cadillac Mountain he might have had the same thoughts that many of us have had; wouldn’t it be great to preserve a big piece of land like this for future generations. Unlike us though, he has the power to do just that.
There’s a little bill that made it through Congress back in 1906. It’s called the Antiquities Act. It was written by a Congressman from Iowa to stop the “pot hunters” he felt were robbing America of its history. Artifact hunting was a big business back at the turn of the century and unscrupulous treasure hunters were ransacking western federal lands. Congressman John Lacey wrote a bill with just 4 paragraphs designed to give land management agencies a tool to fight the marauders. President Teddy Roosevelt signed it into law.
Lacey might have been concerned about protecting Native American artifacts, but Roosevelt read a broader message in the law. Section 2 gave the President the authority to establish national monuments to protect “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States.” Roosevelt quickly set aside Devil’s Tower in Wyoming as America’s first national monument.
Devils Tower - the first National Monument
Roosevelt might not have read the law very clearly for it states “the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected.” At more than 50,000 acres, Devil’s Tower National Monument was a bit of a stretch.
Two years later Roosevelt was at it again. He set aside 800,000 acres as Grand Canyon National Monument. By the end of his term, he would establish 18 monuments. Other Presidents would follow, for the Antiquities Act allowed a President to quickly preserve lands at peril. The Congressional route to National Park status was often too slow.
It wasn’t until Franklin Delano Roosevelt that Congress modified the Antiquities Act. By 1943, FDR and his predecessors had used the act nearly 100 times to establish or enlarge monuments. Congress had even taken the next step and reauthorized these monuments as national parks. But now FDR wanted to establish Jackson Hole National Monument in Wyoming and the state’s congressional delegation opposed the move. A fight ensued. The monument was established, but the Antiquities Act was amended to prohibit its use in Wyoming.
Alaska forced a similar amendment after President Jimmy Carter used the Act to establish 15 national monuments in 1978.
President Obama has yet to follow in the footsteps of his predecessors, but in less than 2 years he has already taken his family to 4 National Parks, 2 of which, Acadia and Grand Canyon, began as national monuments formed from the Antiquities Act.
Enjoyable read. I wish I felt inspired enough to write such good posts onto my own blog. I guess I just need to try harder.