Review of Designations Under the Antiquities Act

Executive Order 13792 of April 26, 2017

Review of Designations Under the Antiquities Act

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in recognition of the importance of the
Nation's wealth of natural resources to American
workers and the American economy, it is hereby ordered
as follows:

Section 1. Policy. Designations of national monuments
under the Antiquities Act of 1906, recently recodified
at sections 320301 to 320303 of title 54, United States
Code (the “Antiquities Act” or “Act”), have a
substantial impact on the management of Federal lands
and the use and enjoyment of neighboring lands. Such
designations are a means of stewarding America's
natural resources, protecting America's natural beauty,
and preserving America's historic places. Monument
designations that result from a lack of public outreach
and proper coordination with State, tribal, and local
officials and other relevant stakeholders may also
create barriers to achieving energy independence,
restrict public access to and use of Federal lands,
burden State, tribal, and local governments, and
otherwise curtail economic growth. Designations should
be made in accordance with the requirements and
original objectives of the Act and appropriately
balance the protection of landmarks, structures, and
objects against the appropriate use of Federal lands
and the effects on surrounding lands and communities.

Sec. 2. Review of National Monument Designations. (a)
The Secretary of the Interior (Secretary) shall conduct
a review of all Presidential designations or expansions
of designations under the Antiquities Act made since
January 1, 1996, where the designation covers more than
100,000 acres, where the designation after expansion
covers more than 100,000 acres, or where the Secretary
determines that the designation or expansion was made
without adequate public outreach and coordination with
relevant stakeholders, to determine whether each
designation or expansion conforms to the policy set
forth in section 1 of this order. In making those
determinations, 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”;

(ii) whether designated lands are appropriately classified under the Act as
“historic landmarks, historic and prehistoric structures, [or] other
objects of historic or scientific interest”;

(iii) the effects of a designation on the available uses of designated
Federal lands, including consideration of the multiple-use policy of
section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C.
1701(a)(7)), as well as the effects on the available uses of Federal lands
beyond the monument boundaries;

(iv) the effects of a designation on the use and enjoyment of non-Federal
lands within or beyond monument boundaries;

(v) concerns of State, tribal, and local governments affected by a
designation, including the economic development and fiscal condition of
affected States, tribes, and localities;

(vi) the availability of Federal resources to properly manage designated
areas; and

(vii) such other factors as the Secretary deems appropriate.

    (b) In conducting the review described in
subsection (a) of this section, the Secretary shall
consult and coordinate with, as appropriate, the
Secretary of Defense, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Energy, the
Secretary of Homeland Security, and the heads of any
other executive departments or agencies concerned with
areas designated under the Act.
    (c) In conducting the review described in
subsection (a) of this section, the Secretary shall, as
appropriate, consult and coordinate with the Governors
of States affected by monument designations or other
relevant officials of affected State, tribal, and local
governments.
    (d) Within 45 days of the date of this order, the
Secretary shall provide an interim report to the
President, through the Director of the Office of
Management and Budget, the Assistant to the President
for Economic Policy, the Assistant to the President for
Domestic Policy, and the Chairman of the Council on
Environmental Quality, summarizing the findings of the
review described in subsection (a) of this section with
respect to Proclamation 9558 of December 28, 2016
(Establishment of the Bears Ears National Monument),
and such other designations as the Secretary determines
to be appropriate for inclusion in the interim report.
For those designations, the interim report shall
include recommendations for such Presidential actions,
legislative proposals, or other actions consistent with
law as the Secretary may consider appropriate to carry
out the policy set forth in section 1 of this order.
    (e) Within 120 days of the date of this order, the
Secretary shall provide a final report to the
President, through the Director of the Office of
Management and Budget, the Assistant to the President
for Economic Policy, the Assistant to the President for
Domestic Policy, and the Chairman of the Council on
Environmental Quality, summarizing the findings of the
review described in subsection (a) of this section. The
final report shall include recommendations for such
Presidential actions, legislative proposals, or other
actions consistent with law as the Secretary may
consider appropriate to carry out the policy set forth
in section 1 of this order.

Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 26, 2017.