Antiquities Act & National Monuments
The Antiquities Act of 1906 (54 U.S.C. §§ 320301–320303) gives the President unilateral power to designate national monuments on federal land to protect "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest." It is one of the most powerful conservation authorities in American law — and one of the most controversial. Presidents have used the Antiquities Act more than 160 times to protect everything from the Grand Canyon (Theodore Roosevelt, 1908) to Bears Ears (Obama, 2016; modified by Trump, 2017; restored by Biden, 2021). The Act requires no Congressional approval, no public comment period, and no environmental review — the President simply signs a proclamation. While the statute says monuments should be "confined to the smallest area compatible with the proper care and management of the objects to be protected," presidents have designated monuments encompassing millions of acres, including vast marine areas.
Current Law (2026)
| Parameter | Value |
|---|---|
| Governing law | 54 U.S.C. §§ 320301–320303 (Antiquities Act, 1906) |
| Authority | President may designate national monuments by proclamation on federal lands |
| Requirements | Must protect "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest" |
| Size limitation | "Confined to the smallest area compatible with the proper care and management of the objects to be protected" |
| Congressional approval | Not required |
| Public comment | Not required |
| Total national monuments | ~130 (managed by NPS, USFS, BLM, FWS, NOAA — see Wilderness Act) |
| Revocation/reduction | Legally contested — no president has fully revoked a predecessor's monument; Trump's reductions of Bears Ears and Grand Staircase were challenged |
| Permits for excavation | Required for examination of ruins, excavation, or gathering of objects of antiquity on federal lands |
| Penalties | Appropriation, excavation, injury, or destruction of any historic or prehistoric ruin on federal lands is prohibited |
Legal Authority
- 54 U.S.C. § 320301 — National monuments (the President may, in the President's discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments; the President may reserve parcels of land as part of national monuments, limited to the smallest area compatible with proper care and management)
- 54 U.S.C. § 320302 — Permits (the Secretaries of Interior, Agriculture, and the Army may grant permits for the examination of ruins, excavation of archaeological sites, and gathering of objects of antiquity on their respective lands, to institutions with proper qualifications, subject to rules and regulations)
- 54 U.S.C. § 320303 — Regulations (the Secretaries may make and publish uniform rules and regulations for carrying out the Act)
How It Works
Presidential proclamation is the sole legal mechanism. The President identifies objects of "historic or scientific interest" on federal land, defines the monument boundaries, and signs a proclamation — effective immediately. No environmental impact statement, no public hearing, no Congressional vote. This unilateral authority is what makes the Antiquities Act both powerful and polarizing. Theodore Roosevelt used it to protect the Grand Canyon before Congress was willing to act; subsequent presidents have protected deserts, canyons, forests, ocean areas, and archaeological sites that Congress was unable or unwilling to designate as national parks or wilderness.
"Objects of historic or scientific interest" has been interpreted expansively. While the 1906 Act was originally aimed at protecting archaeological sites from looting (a major problem in the Southwest), presidents have applied it to geological formations, ecosystems, scenic landscapes, cultural landscapes significant to Indigenous peoples, paleontological sites, and marine environments. Courts have generally upheld broad interpretations of what constitutes an "object" worthy of protection, including living ecosystems and entire landscapes.
The Act says monuments must be "confined to the smallest area compatible with the proper care and management of the objects to be protected," but this constraint has not stopped large designations. In practice, presidents have designated monuments of enormous size — Papahānaumokuākea Marine National Monument (139,797 square miles), Northeast Canyons and Seamounts (4,913 square miles), and Bears Ears (1.35 million acres as restored by Biden). Critics argue these designations violate the "smallest area" limitation; courts have generally deferred to presidential judgment about what area is necessary to protect the identified objects.
Can a president revoke or shrink a predecessor's monument? This is the most contested legal question. The Antiquities Act grants the power to "declare" monuments but says nothing about revoking them. The Federal Land Policy and Management Act of 1976 (FLPMA) repealed most implied presidential authority to revoke land withdrawals, arguably including monument designations. President Trump's 2017 reduction of Bears Ears (from 1.35 million to 201,876 acres) and Grand Staircase-Escalante (from 1.88 million to ~1 million acres) triggered litigation. President Biden restored both monuments in 2021, mooting the legal challenges before courts definitively ruled on presidential reduction authority.
Management varies by monument. National monuments may be managed by the National Park Service, Forest Service, Bureau of Land Management, Fish and Wildlife Service, or NOAA — depending on the underlying land management agency. Some monuments are "co-managed" by federal agencies and tribal nations. Management plans are developed after designation, typically through a public process.
How It Affects You
If you're a hiker, camper, hunter, or outdoor recreationist: National monuments are almost universally open to the public, but access rules depend on which agency manages them. The same land can have very different visitor experiences depending on the managing agency:
- NPS-managed monuments: Often have entrance fees ($15–$35), developed visitor facilities, and more prescribed activity rules (no dispersed camping outside designated sites, permit systems for backcountry)
- BLM-managed monuments: Generally allow dispersed camping (14-day limit), hunting (with state license), OHV use in designated areas, and more informal access — closer to BLM's broader public land philosophy
- Marine monuments: Managed by NOAA; commercial fishing often restricted; recreational fishing rules vary by monument
How to find rules for a specific monument: The managing agency's website for each monument publishes its management plan and current rules. Start at nps.gov, blm.gov, or fisheries.noaa.gov/contact/national-marine-monuments depending on the managing agency. Note that during the Trump administration's 2025 monument review, management plans for monuments designated or restored since 2021 may be in transition — check current conditions before visiting.
If you're a rancher, miner, or energy operator with operations near or within a monument: The Antiquities Act's effects on your existing operations depend on your type of right:
Mining and mineral claims: If you held a valid, perfected mining claim before the monument's designation date, your rights are generally protected — "valid existing rights" survive monument designation. New mining claims and mineral location notices cannot be filed within monument boundaries after designation. The status of any specific claim (whether it constitutes a valid existing right) can be contested, so if you have claims in or near a monument designated or reviewed since 2017, consult an attorney and verify your claim status with BLM.
Oil and gas leases: Existing valid leases within monument boundaries are generally honored; new oil and gas leasing is typically suspended within monument boundaries. The Trump administration's 2025 energy dominance executive orders are pushing for review of monument boundaries that include previously leased or leaseable areas.
Grazing: Existing grazing allotments and permits are generally continued under monument management plans — the monument designation doesn't automatically terminate grazing permits. However, management plan revisions (which can take years) may impose new conditions on grazing practices. Engage in the public comment process when management plans are revised — this is your primary avenue for protecting operational interests.
If you're a member of a tribal nation with cultural connections to a monument area: The Antiquities Act's history with Indigenous communities is evolving rapidly. Bears Ears was the first monument designated at the formal request of an inter-tribal coalition (the Bears Ears Inter-Tribal Coalition) — and its management plan incorporated formal tribal co-management authority. That co-management structure is at risk under the Trump administration's 2025 review.
Your rights in the monument management process: Tribal nations have consultation rights under the National Historic Preservation Act (NHPA Section 106) for any federal undertakings affecting historic properties — including management plan revisions. Tribal Historic Preservation Officers (THPOs) coordinate this consultation. If the federal government is revising a monument management plan that affects sacred sites, cultural landscapes, or tribal access to traditional areas, the tribe must be consulted — not just invited to comment. Document your consultation requests in writing.
Find your THPO through the National Association of Tribal Historic Preservation Officers (NATHPO) at nathpo.org.
If you live in a rural Western community near a designated monument: The economic evidence on national monuments — a contested political question — generally shows positive economic effects for gateway communities. A University of Utah study on Grand Staircase-Escalante found the monument generated approximately $91 million annually for surrounding counties through tourism. Similar findings have been documented for Bears Ears, Vermilion Cliffs, and other Western monuments. The mechanism is straightforward: monuments attract visitors who spend money on lodging, food, guiding services, and outdoor gear in gateway towns.
The concerns that are legitimate: access restrictions on traditional uses (hunting specific areas, OHV in closed zones, wood cutting), the management plan's effect on private and state inholdings access, and the timing mismatch between tourism development and the immediate loss of any mining or energy development income.
Engage in monument management: The management plan development process after designation includes public scoping and comment periods — the Federal Register publishes the notice. This is when ranchers, OHV users, hunters, and community businesses can shape how the monument will actually be managed. Comments that engage with specific management questions (where should the OHV open/closed boundary be? what's the protocol for accessing private inholdings?) are far more effective than general opposition or support.
If you're a state or local government official: Monument designation on federal land within your jurisdiction affects economic development planning, tourism promotion, and access infrastructure. Key practical points:
You cannot prevent a presidential monument designation — but you can shape its management. The state historic preservation officer (SHPO), state wildlife agencies, and county commissioners all have formal roles in monument management plan development. County road access across monument lands is typically preserved for existing roads.
Congressional proposals in the 119th Congress: Several bills would require Congressional approval for monument designations above a specified acreage. Track these at congress.gov — they have strong Republican support but face steep Senate hurdles, and any such law would face immediate constitutional challenge given the Antiquities Act's explicit grant of presidential authority.
State Variations
The Antiquities Act applies only to federal land. State-level parallels:
- Several states have their own antiquities or historic preservation laws protecting archaeological sites on state land
- State historic preservation offices (SHPOs) coordinate with federal agencies on cultural resource protection
- States have no authority to prevent or modify presidential monument designations on federal land within their borders
- Congressional delegations from affected states are often the primary advocates for or against specific designations
- State tourism agencies frequently market national monuments as visitor destinations
Implementing Regulations
- 43 CFR Part 3 — Preservation of American Antiquities: sets permit requirements for the examination of ruins, archaeological excavation, and gathering of objects of antiquity on federal lands; establishes qualifications for permittees and conditions governing fieldwork
- 36 CFR Part 79 — Curation of Federally Owned and Administered Archaeological Collections: establishes standards for the long-term management, preservation, and access to archaeological collections recovered from federal and tribal lands, including requirements for repositories that house such collections
Pending Legislation
- HR 6380 — Chiricahua National Park Act: rename Chiricahua National Monument to National Park, preserve boundaries, strengthen tribal cultural site protections. Status: Passed House.
- S 3715 — Chiricahua National Park Act (Senate companion). Status: Introduced.
- S 4205 — Abolish and defund the Cesar E. Chavez National Monument. Status: Introduced.
Recent Developments
Second Trump administration monument review (2025): Within days of taking office in January 2025, President Trump signed executive orders directing the Interior Department to review all national monument designations made since 2021 — targeting Bears Ears and Grand Staircase-Escalante (restored by Biden) and the newly designated Avi Kwa Ame (Nevada), Baaj Nwaavjo I'tah Kukveni (Arizona), and Carlisle Federal Indian Boarding School (Pennsylvania) monuments. The review was directed to assess whether designations complied with the "smallest area" requirement and to recommend modification, revocation, or continuation.
Legal question of revocation remains unresolved: The core constitutional question — whether presidents can legally reduce a predecessor's monument — has never been definitively ruled on by courts. The Biden 2021 restorations mooted the litigation over Trump's 2017 reductions before a definitive ruling. The second Trump administration's review will likely trigger fresh litigation, potentially producing the first binding court precedent on presidential monument revocation authority.
Bears Ears co-management at risk: The Biden-era Bears Ears management plan incorporated formal tribal co-management by the Bears Ears Inter-Tribal Coalition. Revisions to the management plan or monument boundaries could unwind that governance structure, which tribal nations and conservation advocates had cited as a landmark model.
Congressional proposals: Bills introduced in the 119th Congress would require Congressional approval for monument designations above a specified acreage threshold — which would effectively end unilateral presidential designation authority for large monuments. These proposals have significant Republican support but face strong opposition from tribal and conservation advocates.