Obama creates national monuments in Utah, Nevada

Proposed Bears Ears National Monument. (Grand Canyon Trust)

BY TIMOTHY CAMA
The Hill

President Obama protected two massive areas in the American West on Wednesday, including a swath of southern Utah that has been at the center of a contentious battle over land protections for years.

The areas newly protected from development and various activities are the Bears Ears National Monument in Utah and the Gold Butte National Monument in Nevada. Both areas are owned by the federal Bureau of Land Management.

The actions further cement the aggressive conservation legacy of Obama, who has protected more land and water than any other president under the Antiquities Act.

But the designations are among the most controversial under Obama, with strong opposition among local and state leaders.

Obama said in a statement that the designations “protect some of our country’s most important cultural treasures, including abundant rock art, archeological sites, and lands considered sacred by Native American tribes.”

“Today’s actions will help protect this cultural legacy and will ensure that future generations are able to enjoy and appreciate these scenic and historic landscapes,” he continued.

Obama created the designations using his unilateral authority under the Antiquities Act, acting with just about three weeks left before President-elect Donald Trump takes office.

It’s unclear if Trump could unilaterally undo Obama’s designations, because it has never been tried before. Some Republicans, including House Natural Resources Committee Chairman Rob Bishop (R-Utah), say it is within Trump’s power, though the Obama administration says the Antiquities Act does not allow monument designations to be undone.
But the controversy surrounding Wednesday's actions, combined with Obama’s aggressive use of his Antiquities Act power, could lead Congress to roll back the protections or limit future presidents’ powers.

The 1.35 million-acre Bears Ears area could be the most controversial of Obama's dozens of national monuments, in part because it shuts down any new leases for mining or oil and natural gas, exploration, along with other development and potential harms.

Utah’s political leaders and its all-GOP congressional delegation oppose the national monument, and pledged before Wednesday’s announcement to seek action through Congress or Trump’s administration to undo the protections.

The monument protects numerous sites that are significant to nearby American Indian tribes for cultural, religious and historic reasons.

The tribes have long called for land protections in the area. The Utah congressional delegation has recently pushed a legislative package it calls the Public Lands Initiative to protect some areas and avoid a monument designation, although it never passed.

Christie Goldfuss, managing director of the White House Council on Environmental Quality, cited that proposal and others in recent decades as Obama’s guiding principles for the designation.

“The new monument responds to both of these recent proposals to include the areas where there is the strongest agreement about the need for protection, and to ensure that traditional uses and historical activities, including tribal acts, grazing and outdoor recreation can continue,” she told reporters.

Russell Begaye, president of the Navajo Nation, welcomed the Bears Ears designation, even though it is smaller than his tribe and others hoped for.

“This is an exciting day for the Navajo Nation, for our traditional leaders, for elected leaders across the Navajo Nation, and also the tribes that live in area who have always looked to Bears Ears as a place of refuge, as a place where we can gather herbs and medicinal plants and a place of prayer and sacredness,” he said.

But Sen. Mike Lee (R-Utah) slammed Obama’s decision.

“This arrogant act by a lame duck president will not stand,” Lee tweeted Wednesday.

“I will work tirelessly with Congress & incoming Trump administration to honor the will of Utahns and undo this monument designation,” he added.

Goldfuss said if that happens, it wouldn’t be through Trump’s executive authority.

“In terms of whether it can be overturned, no,” she told reporters. “The Antiquities Act gives the president the authority to create monuments, but does not provide explicit authority to undo them.”

The Nevada monument is also controversial, for different reasons.

The Gold Butte area is next to the ranch of Cliven Bundy and the site of an armed standoff between federal authorities and self-styled militia members in 2014.

The monument, pushed by outgoing Senate Minority Leader Harry Reid (D-Nev.) among others, protects numerous tribal sites, important landscapes, rare fossils and more.

“Today’s designation will better protect these cultural and archeological treasures, as well as the areas that are currently used by tribes for traditional purposes,” Goldfuss said.

Federal probe could leave Utah ATV protest riders facing charges

As a Kane County sheriff's deputy watches from a horse, ATV riders make their way into Recapture Canyon, north of Blanding, Utah, on Saturday, May 10, 2014, in a protest against what demonstrators call the federal government's overreaching control of public lands. (Trent Wilson/Salt Lake Tribune)

By Jennifer Dobner
Reuters

SALT LAKE CITY – Federal agents have launched a damage inspection of protected archeological sites in southern Utah where public-lands activists on all-terrain vehicles staged a weekend protest ride challenging the prolonged government closure of a canyon trail.

Undercover agents from the Bureau of Land Management monitored the Recapture Canyon rally and documented cases in which ATV riders broke the law by venturing into an area off-limits to motorized use, BLM spokeswoman Megan Crandall said on Tuesday.

"At the end of the BLM's investigation, all evidence will be referred to the U.S. Attorney's Office for potential civil or criminal action," she said.

About 300 protesters gathered on Saturday at a park adjacent to Recapture Canyon near Blanding, in the southeast corner of the state, calling for federal land managers to reopen the trail to recreational vehicles after seven years of government study and indecision.

The rally, coinciding with heightened political tensions over government control of public lands across the West, climaxed as dozens of protesters, some armed with guns, ventured on ATVs down a closed-off trail through Utah's red-rock desert.

Local sheriff's deputies on horseback kept watch over the protest, along with the undercover BLM agents.

San Juan County Commissioner Phil Lyman, who organized the protest ride, said on Tuesday he was aware that BLM personnel were present Saturday and is concerned about possible penalties for himself and others.

"I would have anticipated that they would take this course of action," said Lyman, who insisted he stopped his own ATV short of the closed area. He said a return visit to the area on Sunday revealed no visible signs of disturbance or damage.

The BLM closed the canyon trail to motorized use in 2007 after its agents said they found an illegally blazed trail and damage to Native American artifact sites.

San Juan County officials sought to establish a public right of way and proposed giving up another local land claim in hopes of gaining BLM approval, but the agency has yet to decide the issue.

Lyman said he now expects the event to be used to justify a continuation of the trail closure, which the agency initially said would be temporary.

"This was never an ATV agenda," Lyman said of the protest. "It had to do with the BLM not following its own process and ignoring the people most effected by its decisions."

The protest followed last month's armed standoff between supporters of renegade Nevada rancher Cliven Bundy and BLM agents who unsuccessfully sought to seize his cattle by force over his longstanding refusal to pay federal grazing fees.