Review of Designations Under the Antiquities Act

This executive order directs the Secretary of the Interior to review all national monument designations or expansions under the Antiquities Act since January 1, 1996, that exceed 100,000 acres or lacked adequate public outreach. The review must assess whether these designations balance conservation with economic uses of federal lands, with interim and final reports due to the President. The order specifically prioritizes review of the Bears Ears National Monument established in December 2016.

Federal Register Open PDF 82 FR 20429

Impact dates

Aug 24, 2017
Final report to President with comprehensive findings and recommendations
Jun 10, 2017
Interim report to President on Bears Ears and other prioritized designations

Key directives

Review all Presidential designations or expansions under Antiquities Act since January 1, 1996, exceeding 100,000 acres or lacking adequate public outreach
Assess conformity with 'smallest area compatible' requirement of original Act
Evaluate effects on multiple-use policy, non-federal lands, and state/tribal/local government concerns
Consult with Secretaries of Defense, Agriculture, Commerce, Energy, Homeland Security, and other relevant agencies
Consult with Governors and relevant state, tribal, and local officials
Provide interim report within 45 days focusing on Bears Ears National Monument
Provide final report within 120 days with recommendations for presidential actions or legislative proposals

Timeline

Immediate

Interior Secretary begins review of Antiquities Act designations since 1996

Near term (90d)

Interim report due June 10, 2017, including Bears Ears National Monument findings and recommendations

Long term

Final report due August 24, 2017, with comprehensive findings and recommendations for presidential or legislative action

Risks & tensions

Tension between conservation mandates and economic development interests, particularly energy extraction
Potential conflict with tribal sovereignty and sacred site protections, especially for Bears Ears
Legal uncertainty: EO does not itself modify or rescind any monument status; actual changes would require separate presidential proclamation or congressional action
Vague standard for 'adequate public outreach' gives Secretary broad discretion
Political polarization likely between environmental groups and industry/development advocates