Antiquities Act

1906 U.S. law allowing the president to create national monuments from federal lands

Antiquities Act

Long title| An act for the preservation of American antiquities.
Enacted by| the 59th United States Congress
Effective| June 8, 1906
Citations
Public law| Pub. L. 59–209
Statutes at Large| 34 Stat. 225
Codification
U.S.C. sections created|

* 54 U.S.C. ch. 3203 §§ 320301 to 320303

Legislative history

* Introduced in the House as H.R. 11016 by John F. Lacey (R–IA) on January 9, 1906
* Committee consideration by Public Lands
* Passed the House on June 5, 1906
* Passed the Senate on June 7, 1906  with amendment
* House agreed to Senate amendment on June 8, 1906 ()
* Signed into law by President Theodore Roosevelt on June 8, 1906

United States Supreme Court cases

* Cameron v. United States, 252 U.S. 450 (1920)
* Cappaert v. United States, 426 U.S. 128 (1976)
* United States v. California, 436 U.S. 32 (1978)
* Alaska v. United States, 545 U.S. 75 (2005)

Devils Tower, the first national monument

The Antiquities Act of 1906 (Pub. L. 59–209, 34 Stat. 225, 54 U.S.C. §§ 320301–320303) is an 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 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

[edit]

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 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 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.[1]

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.[2] The Antiquities Act has been praised by several groups for its ability to protect important sites, including The Wilderness Society,[3] the National Parks Conservation Association,[4] The Pew Charitable Trusts,[5] and the National Trust for Historic Preservation.[6] Since the Antiquities Act became law, all but three presidents, Richard Nixon, Ronald Reagan, and George H.W. Bush, have chosen to enlarge or dedicate new national monuments.[7] President Obama established more monuments than any president, with 29 in total.[8] The previous record was held by President Clinton with 19 monuments. President Carter dedicated the most acreage to national monuments, mostly in areas in Alaska.[9] On April 26, 2017, President Donald Trump signed Executive Order 13792 directing a review of the law and its uses.[10]

## Uses

[edit]

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 "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. 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. 28 of the 63 national parks include areas originally designated as national monuments.[11] The first use of the Act protected a large geographic feature: President Theodore Roosevelt proclaimed Devils Tower National Monument on September 24, 1906.[12] President Roosevelt also used it to create the Grand Canyon National Monument (now Grand Canyon National Park) and sixteen other sites.

At 583,000 square miles (1,510,000 km2), Papahānaumokuākea Marine National Monument is the largest protected area proclaimed.[13] 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 National Monument (now part of a state park), was a mere 0.0074 acres (30 m2).[14] 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 periods.[15]

## Reduction of powers

[edit]

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.[16] The second time followed Jimmy Carter's use of the Act to create 17 national monuments in Alaska covering 56 million acres (230,000 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 5,000 acres (20 km2).[17]

The Trump administration conducted a review of 27 major designations to consider changes[18] and Trump subsequently significantly reduced the size of Grand Staircase–Escalante National Monument and Bears Ears National Monument in Utah in 2017.[19] 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.[20] 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.[19] 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.[21][22] The first such case was a unanimous decision in 1920 that upheld the creation of Grand Canyon National Monument.[23]

## See also

[edit]

* List of national monuments of the United States
* National Park Service

## References

[edit]

1. ^ Ken Burns. The National Parks: America's Best Idea. Florentine Films.
2. ^ "NPS Archeology Program: Antiquities Act of 1906". www.nps.gov. Retrieved March 1, 2022.
3. ^ "Antiquities Act | The Wilderness Society". www.wilderness.org. Retrieved December 29, 2021.
4. ^ "Monuments Protected Under the Antiquities Act". National Parks Conservation Association. Retrieved December 29, 2021.
5. ^ Gilroy, John (June 7, 2018). "After 112 Years, Antiquities Act Remains Vital". Pew Charitable Trusts. Archived from the original on June 10, 2018. Retrieved December 28, 2021.
6. ^ "Antiquities Act | National Trust for Historic Preservation". savingplaces.org. Retrieved December 29, 2021.
7. ^ "National Monuments and the Antiquities Act" (PDF). Congressional Research Service. January 2, 2024.
8. ^ Adams, Cydney (January 10, 2017). "29 breathtaking photos of President Obama's national monuments". CBS News.
9. ^ "National Monuments Designated by Presidents 1906-2009" (PDF). National Park Service.
10. ^ Merica, Dan (April 25, 2017). "Trump order could roll back public lands protections from 3 presidents". CNN. Retrieved April 26, 2017.
11. ^ "National Monument Facts and Figures - Archeology (U.S. National Park Service)". www.nps.gov. Retrieved March 12, 2023.
12. ^ "Devils Tower First 50 Years" (PDF). National Park Service. Archived (PDF) from the original on May 31, 2009. Retrieved October 11, 2014.
13. ^ Papahānaumokuākea protects submerged land. The largest surface reservation was the proclamation of Wrangell-St. Elias National Monument, 10,950,000 acres (40,000 km2).
14. ^ "Antiquites Act: Monument List". National Park Service Archeology Program. Archived from the original on May 9, 2009. Retrieved May 20, 2009. `{{cite journal}}`: Cite journal requires `|journal=` (help).
15. ^ Yachnin, Jennifer (May 1, 2024). "Biden striding ahead with monument creation". E&E News by POLITICO. Retrieved May 30, 2024.
16. ^ Robert W. Righter. "National Monuments to National Parks: The Use of the Antiquities Act of 1906". Archived from the original on May 27, 2006. Retrieved May 16, 2006.
17. ^ U.S. Fish and Wildlife Service. "Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service: Alaska National Interest Lands Conservation Act of 1980". Archived from the original on June 26, 2006. Retrieved May 16, 2006.
18. ^ Donald Trump (April 26, 2018). Executive Order 13792: Review of Designations Under the Antiquities Act (Report). pp. 20429–20431. Retrieved January 6, 2018. "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';"
19. ^ a b Vig, Norman; Kraft, Michael (2017). Environmental Policy New Direction for the Twenty-First Century. Sage. pp. 106–107.
20. ^ Dunphey, Kyle (September 27, 2024). "Big day for Bears Ears: Appeals court hears arguments in case challenging Utah national monuments". Source New Mexico. Retrieved December 31, 2024.
21. ^ Cameron v. United States, 252 U.S. 450
22. ^ Cappaert v. United States, 426 U.S. 128
23. ^ "SUPREME COURT: Chief Justice Roberts invites Antiquities Act challenges". www.eenews.net. Retrieved May 1, 2021.

## Further reading

[edit]

* 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) online.
* Norris, Frank. "The Antiquities Act and the acreage debate." The George Wright Forum 23#3 (2006). online
* Ranchod, Sanjay. "The Clinton National Monuments: Protecting Ecosystems with the Antiquities Act." Harvard Environmental Law Review 25 (2001): 535+. 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. online

## External links

[edit]

English Wikisource has original text related to this article:

An Act for the Preservation of American Antiquities

* Chronological list of uses of the Antiquities Act and related actions from NPS
* The Story of the Antiquities Act, by Ronald F. Lee
* The Monumental Legacy of the Antiquities Act of 1906 – Mark Squillace, University of Colorado Law School Archived September 6, 2022, at the Wayback Machine
* 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
* The Antiquities Act: A Century of American Archaeology, Historic Preservation, and Nature Conservation, ed. by David Harmon, Frank P. McManamon, and Dwight T. Pitcaithley
* The Highs and Lows of the Antiquities Act
* National Monuments and the Antiquities Act – Congressional Research Service
* The Proclamation of National Monuments Under the Antiquities Act, 1906-1970

* v
* t
* e

United States environmental law

Supreme Court
decisions|

* Missouri v. Holland (1920)
* Sierra Club v. Morton (1972)
* Vermont Yankee v. NRDC (1978)
* Hughes v. Oklahoma (1979)
* Lujan v. National Wildlife Federation (1990)
* Friends of the Earth v. Laidlaw Environmental Services (2000)
* BP P.L.C. v. Mayor and City Council of Baltimore (2021)

| NEPA cases|

* United States v. SCRAP (1973)
* Metropolitan Edison Co. v. People Against Nuclear Energy (1983)
* Baltimore Gas & Electric Co. v. Natural Resources Defense Council (1983)
* Department of Transportation v. Public Citizen (2004)
* Norton v. Southern Utah Wilderness Alliance (2004)
* Winter v. Natural Resources Defense Council (2008)
* Monsanto Co. v. Geertson Seed Farms (2010)

|

CAA cases|

* Train v. Natural Resources Defense Council (1975)
* Chevron v. Natural Resources Defense Council (1984)
* Whitman v. American Trucking Associations (2001)
* Alaska Department of Environmental Conservation v. EPA (2004)
* Department of Transportation v. Public Citizen (2004)
* Massachusetts v. EPA (2007)
* Environmental Defense v. Duke Energy Corp. (2007)
* American Electric Power Co. v. Connecticut (2011)
* Utility Air Regulatory Group v. EPA (2014)
* Michigan v. EPA (2015)
* HollyFrontier Cheyenne Refining v. Renewable Fuels Association (2021)
* West Virginia v. EPA (2022)

RCRA cases|

* City of Philadelphia v. New Jersey (1978)
* Southern Union Co. v. United States (2012)

ESA cases|

* Tennessee Valley Authority v. Hill (1978)
* Lujan v. Defenders of Wildlife (1992)
* Babbitt v. Sweet Home Chapter of Communities for a Great Oregon (1995)
* National Association of Home Builders v. Defenders of Wildlife (2007)
* Weyerhaeuser Company v. United States Fish and Wildlife Service (2018)
* United States Fish and Wildlife Service v. Sierra Club (2021)

CWA cases|

* United States v. Riverside Bayview (1985)
* SWANCC v. Army Corps of Engineers (2001)
* South Florida Water Management District v. Miccosukee Tribe (2004)
* S. D. Warren Co. v. Maine Board of Environmental Protection (2006)
* Rapanos v. United States (2006)
* National Association of Home Builders v. Defenders of Wildlife (2007)
* Entergy Corp. v. Riverkeeper Inc. (2009)
* Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009)
* Sackett v. EPA I (2012)
* Los Angeles County Flood Control District v. Natural Resources Defense Council (2013)
* Army Corps of Engineers v. Hawkes Co. (2016)
* National Association of Manufacturers v. Department of Defense (2018)
* County of Maui v. Hawaii Wildlife Fund (2020)
* Sackett v. EPA II (2023)

CERCLA cases|

* United States v. Bestfoods (1998)
* Guam v. United States (2021)

Major
federal legislation,
treaties,
and lower court
decisions|

* Yellowstone National Park Protection Act (1872)
* Forest Service Organic Administration Act (1897)
* Rivers and Harbors Act (1899)
* Refuse Act
* Lacey Act (1900)
* Weeks Act (1911)
* North Pacific Fur Seal Convention of 1911 (1911)
* Weeks–McLean Act (1913)
* Migratory Bird Treaty Act (1918)
* Clarke–McNary Act (1924)
* Oil Pollution Act (1924)
* McSweeney-McNary Act (1928)
* Fish and Wildlife Coordination Act (1934)
* Watershed Protection and Flood Prevention Act (1954)
* Air Pollution Control Act (1955)
* Fish and Wildlife Act (1956)
* Oil Pollution Act (1961)
* Clean Air Act (1963, 1970, 1977, 1990)
* Acid Rain Program
* Scenic Hudson Preservation Conference v. Federal Power Commission (2nd Cir. Court of Appeals, 1965)
* Solid Waste Disposal Act (1965)
* Endangered Species Act (1969)
* Environmental Quality Improvement Act (1970)
* National Environmental Policy Act (1970)
* Clean Water Act (1972, 1977, 1987, 2014)
* Coastal Zone Management Act (1972)
* Coastal Zone Management Program
* Federal Insecticide, Fungicide, and Rodenticide Act (1972)
* Marine Protection, Research, and Sanctuaries Act (1972)
* Noise Control Act (1972)
* Endangered Species Act (1973)
* Oil Pollution Act (1973)
* Safe Drinking Water Act (1974, 1986, 1996)
* Water Resources Development Act (1974, 1976, 1986, 1988, 1990, 1992, 1996, 1999, 2000, 2007, 2014, 2016, 2022)
* Federal Noxious Weed Act (1975)
* Hazardous Materials Transportation Act (1975)
* Magnuson–Stevens Act (1976)
* Resource Conservation and Recovery Act (1976)
* Toxic Substances Control Act (1976)
* Surface Mining Control and Reclamation Act (1977)
* Uranium Mill Tailings Radiation Control Act (1978)
* CERCLA (Superfund) (1980)
* Emergency Planning and Community Right-to-Know Act (1986)
* Emergency Wetlands Resources Act (1986)
* Global Change Research Act (1990)
* National Environmental Education Act (1990)
* Oil Pollution Act (1990)
* Alien Species Prevention and Enforcement Act of 1992
* Food Quality Protection Act (1996)
* Energy Policy Act (2005)
* Energy Independence and Security Act (2007)
* Coalition for Responsible Regulation, Inc. v. EPA (D.C. Cir. Court of Appeals, 2012)
* Lautenberg Chemical Safety Act (2016)
* America's Water Infrastructure Act (2018)
* Infrastructure Investment and Jobs Act (2021)
* Louisiana v. Biden (5th Cir. Court of Appeals, 2022)
* CHIPS and Science Act (2022)
* Inflation Reduction Act (2022)

Federal agencies|

* Agency for Toxic Substances and Disease Registry
* Council on Environmental Quality
* National Highway Traffic Safety Administration
* Office of Surface Mining
* United States Environmental Protection Agency
* United States Fish and Wildlife Service
* U.S. Global Change Research Program

Regulations
and concepts|

* Best available technology
* Citizen suit
* Clean Power Plan
* Corporate average fuel economy
* Discharge Monitoring Report
* Effluent guidelines
* Environmental crime
* Environmental impact statement
* Environmental justice
* Executive Order 13432 (2007)
* Executive Order 13990 (2022)
* LDV Rule (2010)
* Maximum contaminant level
* National Ambient Air Quality Standards
* National Climate Assessment
* National Emissions Standards for Hazardous Air Pollutants
* National Priorities List
* New Source Performance Standards
* New Source Review
* Not-To-Exceed (NTE)
* PACE financing
* Presidential Climate Action Plan
* Renewable Fuel Standard
* Right to know
* Section 608 Certification
* Significant New Alternatives Policy
* State of the Climate
* Tailoring Rule (2010)
* Total maximum daily load
* Toxicity category rating
* Uranium Mill Tailings Remedial Action

* v
* t
* e

Theodore Roosevelt

* 26th President of the United States (1901–1909)
* 25th Vice President of the United States (1901)
* 33rd Governor of New York (1899–1900)
* Assistant Secretary of the Navy (1897–1898)
* New York City Police Commissioner (1895–1897)

Presidency
(timeline)|

* First inauguration
* historic site
* Second inauguration
* Foreign policy
* "Square Deal"
* Booker T. Washington dinner
* Conservation
* Newlands Reclamation Act
* Transfer Act of 1905
* Antiquities Act
* Pelican Island
* Devils Tower National Monument
* Muir Woods National Monument
* United States Forest Service,
* United States Reclamation Service
* National Wildlife Refuge System
* Roosevelt Arch
* Conference of Governors
* Northern Securities Company breakup
* court case
* Anthracite coal strike of 1902
* Pure Food and Drug Act
* Food and Drug Administration
* Meat Inspection Act
* Expediting Act
* Elkins Act
* Hepburn Act
* Aldrich–Vreeland Act
* Tillman Act of 1907
* Federal Employers Liability Act
* Kinkaid Act
* Big stick ideology
* Hay–Bunau-Varilla Treaty
* Panama Canal Zone
* Panama Canal
* Venezuelan crisis
* Roosevelt Corollary
* Occupation of Cuba
* Russo-Japanese War
* Treaty of Portsmouth
* 1906 Nobel Peace Prize
* Gentlemen's Agreement of 1907
* Army War College
* Roosevelt Hall
* College football meetings
* Bureau of Investigation
* Department of Commerce and Labor
* Bureau of Corporations
* Keep Commission
* Inland Waterways Commission
* Bureau of the Census
* Great White Fleet
* Perdicaris affair
* Cabinet
* White House West Wing
* State of the Union Address, 1901
* 1906
* 1908
* White House desk
* Federal judiciary appointments

Other
events|

* Spanish–American War
* Rough Riders
* Battle of Las Guasimas
* Battle of San Juan Hill
* Great Rapprochement
* "Bull Moose" Progressive Party
* New Nationalism
* Assassination attempt
* Boone and Crockett Club
* Smithsonian–Roosevelt African expedition
* "River of Doubt" Amazonian expedition
* Roosevelt's World War I volunteers

Life and
homes|

* Birthplace, boyhood home replica
* Sagamore Hill Home and Museum
* Maltese Cross Cabin
* Elkhorn Ranch
* Pine Knot cabin
* New York State Executive Mansion
* Gravesite

Writings
and speeches|

* Theodore Roosevelt bibliography
* The Naval War of 1812 (1882 book)
* "The Strenuous Life" (1899 speech)
* League to Enforce Peace
* "Citizenship in a Republic" (1910 speech)
* "Progressive Cause Greater Than Any Individual" (1912 post-assassination-attempt speech)
* Theodore Roosevelt: An Autobiography (1913 book)
* The Forum magazine articles
* Theodore Roosevelt Cyclopedia
* Archival collections

Elections|

* 1898 New York state election
* Republican National Convention: 1900
* 1904
* 1912
* 1916
* United States presidential elections: 1900
* 1904
* 1912

Legacy|

* Bibliography
* Mount Rushmore
* Mount Roosevelt
* Theodore Roosevelt Center and Digital Library
* White House Roosevelt Room
* Theodore Roosevelt National Park
* Theodore Roosevelt Wilderness
* Theodore Roosevelt Island
* Roosevelt National Forest
* Roosevelt Park (San Antonio)
* Roosevelt Study Center
* Theodore Roosevelt Association
* Mount Rushmore Anniversary coins
* Statues
* New York City
* Portland, Oregon
* Theodore Roosevelt Memorial Park
* Monument Assemblage
* Theodore Roosevelt Monument
* Roosevelt Memorial, Portland, Oregon
* Proposed presidential library
* Theodore Roosevelt United States Courthouse
* Roosevelt River
* Theodore Roosevelt Bridge
* Theodore Roosevelt Memorial Bridge
* Theodore Roosevelt Award
* SS President Roosevelt
* USS Theodore Roosevelt (1906, 1961, 1984)
* Roosevelt Road
* U.S. postage stamps

Popular
culture|

* Teddy bear
* "Speak softly, and carry a big stick"
* Books
* Films
* Terrible Teddy, the Grizzly King, 1901 film
* The 'Teddy' Bears, 1907 film
* Roosevelt in Africa, 1910 documentary
* The Rough Riders, 1927 film
* Teddy, the Rough Rider, 1940 film
* Rough Riders, 1997 miniseries
* The Roosevelts, 2014 documentary
* Theodore Roosevelt, 2022 miniseries
* Elkhorn, 2024 series

Related|

* Political positions
* "Bully pulpit"
* Ananias Club
* "Nature fakers"
* League to Enforce Peace
* A Guest of Honor
* "Muckraker"
* "Roosevelt Republican"
* Barnes vs. Roosevelt libel trial

Family|

* Alice Hathaway Lee (first wife)
* Edith Kermit Carow (second wife)
* Alice Lee Roosevelt (daughter)
* Theodore Roosevelt III (son)
* Kermit Roosevelt (son)
* Ethel Carow Roosevelt (daughter)
* Archibald Roosevelt (son)
* Quentin Roosevelt (son)
* Theodore Roosevelt IV (grandson)
* Cornelius V. S. Roosevelt III (grandson)
* Quentin Roosevelt II (grandson)
* Kermit Roosevelt Jr. (grandson)
* Joseph Willard Roosevelt (grandson)
* Edith Roosevelt Derby (granddaughter)
* Theodora Roosevelt (granddaughter)
* Theodore Roosevelt Sr. (father)
* Martha Bulloch Roosevelt (mother)
* Anna "Bamie" Roosevelt (sister)
* Elliott Bulloch Roosevelt (brother)
* Corinne Roosevelt (sister)
* Cornelius Roosevelt (grandfather)
* James Stephens Bulloch (grandfather)
* James Alfred Roosevelt (uncle)
* Robert Barnhill Roosevelt
* Anna Eleanor Roosevelt (niece)
* Gracie Hall Roosevelt (nephew)
* Pete (dog)

* ← William McKinley
* William Howard Taft →

* ← Garret Hobart

* Category

Authority control databases

International|

* VIAF

National|

* United States
* Israel

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