ExecutiveOrdersEO
Proc 9558ProclamationObama · D

Proclamation 9558

Establishment of the Bears Ears National Monument

President Obama used the Antiquities Act to designate approximately 1.35 million acres in southeastern Utah as the Bears Ears National Monument, withdrawing federal lands from mineral leasing, mining, and other disposition. The proclamation establishes a tribal commission to advise on management and directs the Secretaries of Agriculture and Interior to develop a joint management plan through the USFS and BLM.

Federal Register Open PDF 82 FR 1139

Impact dates

  1. Secretary of the Interior report to President on potential Utah state land exchange

Key directives

  • Reserve approximately 1.35 million acres as Bears Ears National Monument
  • Withdraw federal lands from all forms of entry, location, sale, mining laws, and mineral/geothermal leasing
  • Secretaries of Agriculture and Interior to manage monument through USFS and BLM respectively
  • Secretaries to jointly prepare management plan with maximum public involvement and tribal consultation
  • Establish advisory committee under Federal Advisory Committee Act
  • Establish Bears Ears Commission with five tribal elected officers
  • Secretaries to meaningfully engage Commission in management plan development and implementation
  • Secretary of the Interior to explore state land exchange and report to President by January 19, 2017
  • Secretaries to prepare transportation plan for motorized and non-motorized vehicle use
  • Secretaries to protect Indian sacred sites and provide tribal access for traditional uses

Who is ordered

Timeline

Immediate

  • Monument designation takes effect; federal lands withdrawn from entry, location, sale, mining laws, and mineral/geothermal leasing
  • Bears Ears Commission established with one elected officer from each of five tribes
  • Advisory committee to be established under FACA

Near term (90d)

  • Secretary of the Interior must report to President by January 19, 2017 on potential Utah state land exchange
  • Joint management plan development to begin with maximum public involvement and tribal consultation
  • Transportation plan to be prepared designating allowed roads and trails for motorized/mechanized vehicles

Long term

  • Implementation of management plan integrating traditional tribal knowledge
  • Potential state land exchange with BLM lands of equal value
  • Ongoing tribal engagement through Commission or comparable entity in monument management

Risks & tensions

  • Significant tension with Utah state government and federal land use advocates over large-scale monument designation
  • Potential legal challenges to Antiquities Act scope and 'smallest area compatible' requirement
  • Uncertain durability: subsequent administration substantially reduced monument boundaries in 2017
  • Balancing tribal co-management authority with federal agency control may create implementation friction
  • Mineral and energy development restrictions may generate sustained political opposition
Proclamation 9558: Establishment of the Bears Ears National Monument · Executive Orders