National Monuments: Issues & Background

Various issues regarding monuments have generated both controversy and lawsuits. Issues include the size of the areas and types of resources protected, the inclusion of non-federal lands within monument boundaries, restrictions on land uses that may result, the manner in which the monuments were created, the selection of the managing agency, and other legal issues. Courts have upheld both particular monuments and the President’s authority to create them. This book addresses the authority of the President to create national monuments on federal lands under the Antiquities Act of 1906. It discusses the benefits of the Act and those aspects of the Act that have been controversial, including the size and types of resources protected; the level of and types of threat to designated areas; effects of proclamations on land uses; consistency of the Act with the withdrawal, public participation, and environmental review aspects of other laws; monument management by agencies other than the National Park Service (NPS); and the constitutionality of the Act.