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Antiquities
Act of 1906
The
Antiquities Act of 1906 resulted from concerns about protecting
mostly prehistoric Indian ruins and artifacts-collectively termed
"antiquities "-on federal lands in the West. It authorized permits
for legitimate archeological investigations and penalties for persons
taking or destroying antiquities without permission. And it authorized
presidents to proclaim "historic landmarks, historic and prehistoric
structures, and other objects of historic or scientific interest"
as national monuments-"the limits of which in all cases shall
be confined to the smallest area compatible with the proper care
and management of the objects to be protected."
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Devil's
Tower National Monument, Wyoming
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The
bill's sponsors originally expected that national monuments would
be proclaimed to protect prehistoric cultural features, or antiquities,
in the Southwest and that they would be small. Yet the reference
in the act to "objects of ... scientific interest" enabled President
Theodore Roosevelt to make a natural geological feature, Devils
Tower, Wyoming, the first national monument three months later.
Among the next three monuments he proclaimed in 1906 was another
natural feature, Petrified Forest, Arizona, and two cultural features,
El Morro, New Mexico, and Montezuma Castle, Arizona.
President Roosevelt
continued to interpret the provisions of the Antiquities Act broadly.
In 1908 Roosevelt again used the act to proclaim more than 800,000
acres of the Grand Canyon as a national monument-a very big "object
of scientific interest." And in 1918 President Woodrow Wilson proclaimed
Katmai National Monument in Alaska, comprising more than a million
acres. Katmai was later enlarged to nearly 2.8 million acres by
subsequent Antiquities Act proclamations and for many years was
the largest national park system unit. Petrified Forest, Grand Canyon,
and Katmai were among the many national monuments that Congress
later converted to national parks.
There was no
significant congressional opposition to this expansive use of the
Antiquities Act in Arizona and Alaska. Substantial opposition did
not materialize until 1943, when President Franklin D. Roosevelt
proclaimed Jackson Hole National Monument in Wyoming. He did this
to accept a donation of lands acquired by John D. Rockefeller, Jr.,
for addition to Grand Teton National Park after Congress had declined
to authorize this park expansion. Roosevelt's proclamation unleashed
a storm of criticism about use of the Antiquities Act to circumvent
Congress. A bill abolishing Jackson Hole National Monument passed
Congress but was vetoed by Roosevelt, and congressional and court
challenges to the proclamation authority were mounted. In 1950 Congress
finally incorporated most of the monument into Grand Teton National
Park, but the act doing so barred further use of the proclamation
authority in Wyoming.
For decades
after 1943 the proclamation authority was used sparingly, and often
with advance congressional consultation and support. In 1949, for
example, President Harry S Truman proclaimed Effigy Mounds National
Monument to accept a donation of the land from the state of Iowa,
at the request of Iowa's delegation. On those rare occasions when
the proclamation authority was used in seeming defiance of local
and congressional sentiment, Congress again retaliated. Just before
he left office in 1961, President Dwight D. Eisenhower proclaimed
the Chesapeake and Ohio Canal National Monument after Congress had
declined to act on related national historical park legislation.
The chairman of the House Interior Committee, Wayne Aspinall of
Colorado, responded by blocking action on subsequent C & 0 Canal
Park bills to the end of that decade.
The most substantial
use of the proclamation authority since President Theodore Roosevelt's
administration came in 1978, when President Jimmy Carter proclaimed
15 new national monuments in Alaska after Congress had adjourned
without passing a major Alaska lands bill strongly opposed in that
state. Congress passed a revised version of the bill in 1980 incorporating
most of these national monuments into national parks and preserves,
but the act also curtailed further use of the proclamation authority
in Alaska.

Grosvenor Arch at Grand Staircase
National Monument. Photo courtesy of Jerry Sintz, 1996. |
The presidential
proclamation authority was not used again anywhere until 1996, when
President Bill Clinton proclaimed the Grand Staircase-Escalante
National Monument in Utah. This action was widely unpopular in Utah,
and bills were introduced to further restrict the president's authority.
To date none of them have been enacted. President Clinton made extensive
use of the presidential proclamation authority to establish new
national monuments and significantly expand others.
President Clinton
was not the first to use the Antiquities Act's proclamation authority
to enlarge existing national monuments but to enlarge existing ones.
A few examples: Franklin D. Roosevelt significantly enlarged Dinosaur
National Monument in 1938, Lyndon B. Johnson added Ellis Island
to Statue of Liberty National Monument in 1965, and Jimmy Carter
made major additions to Glacier Bay and Katmai national monuments
in 1978.
Although the
provisions of the Antiquities Act have remained largely unchanged
since 1906, they have been broadly interpreted to include both large
and small areas, containing a diverse array of cultural and scientific
features. The Antiquities Act has become much more than a way to
protect antiquities. It has become an effective means for Presidents
seeking to protect public lands that faced immediate threats.
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NATIONAL MONUMENTS
While most national
monuments have been established by presidential proclamation under
the Antiquities Act of 1906, Congress also has the authority to
establish monuments and has done so 38 times. This authority does
not derive from the Antiquities Act of 1906, which concerns itself
only with the power of the President to proclaim national monuments.
Congressional establishment of a national monument can take years,
from the first introduction of the special authorizing legislation
to the final enactment. Though the procedure is not rapid enough
to respond to immediate threats to public land, it reflects Congress'
determination to exercise its responsibility for approving additions
to the national park system.
The following
is a list of all national monuments either proclaimed by presidents
under authority of the Antiquities Act of 1906 or authorized by
Congress. National monuments established by Congress are designated
with a plus sign (+). The list does not include presidential additions
to preexisting national monuments. The names or designations of
some national monuments changed over time. For example, some became
national parks. National monuments that have retained their designation
as monuments are marked with an asterisk (*). The National
Park Service has responsibility for administering most of the national
monuments, but some are managed by other federal agencies. Three
(Becharof, Yukon Flats, and Hanford Reach) remain under the jurisdiction
of the U.S Fish and Wildlife Service and two (Admiralty Island,
Misty Fjords, Grand Sequoia) are under the U.S Forest Service. The
Bureau of Land Management manages Grand Staircase-Escalante, Agua
Fria, Grand Canyon-Parashant, California Coastal, Ironwood Forest,
Canyons of the Ancients, Cascade-Siskiyou, Santa Rosa and San Jacinto
Mountains, Vermilion Cliffs, Carrizo Plain, Kasha-Katuwe Tent Rocks,
Pompeys Pillar, Sonoran Desert, and Upper Missouri River Breaks.
The Armed Forces Retirement Home administers Abraham Lincoln and
Soldiers' Home in cooperation with the National Park Service. Eleven
national monuments (Lewis and Clark Cavern, Wheeler, Shoshone Cavern,
Papago Saguaro, Old Kasaan, Verendrye, Fossil Cycad, Castle Pinckney,
Father Millet Cross, Holy Cross, Santa Rosa Island) were transferred
from the NPS to other federal, state, or local jurisdictions by
Congress.
Theodore Roosevelt
9/24/06 Devils Tower, WY*
12/8/06 El Morro, NM*
12/8/06 Montezuma Castle, AZ*
12/8/06 Petrified Forest, AZ
3/11/07 Chaco Canyon (now Chaco Culture), NM
5/6/07 Cinder Cone (now part of Lassen Volcanic NP), CA
5/6/07 Lassen Peak (now Lassen Volcanic NP), CA
11/16/07 Gila Cliff Dwellings, NM*
12/19/07 Tonto, AZ*
1/9/08 Muir Woods, CA*
1/11/08 Grand Canyon, AZ
1/16/08 Pinnacles, CA*
2/7/08 Jewel Cave, SD*
4/16/08 Natural Bridges, UT*
5/11/08 Lewis and Clark Cavern, MT
9/15/08 Tumacacori, AZ
12/7/08 Wheeler, CO
3/2/09 Mount Olympus (now Olympic NP), WA
William Howard Taft
3/20/09 Navajo, AZ*
7/12/09 Oregon Caves, OR*
7/31/09 Mukuntuweap, UT
9/21/09 Shoshone Cavern, WY
11/1/09 Gran Quivira (now Salinas Pueblo Missions), NM*
3/23/10 Sitka, AK
5/30/10 Rainbow Bridge, UT*
6/23/10 Big Hole Battlefield, MT
5/24/11 Colorado, CO*
7/6/11 Devils Postpile, CA*
Woodrow Wilson
10/14/13 Cabrillo, CA*
1/31/14 Papago Saguaro, AZ
10/4/15 Dinosaur, UT-CO*
11/30/15 Walnut Canyon, AZ*
2/11/16 Bandelier, NM*
7/8/16 Sieur de Monts (now Acadia NP), ME
8/9/16 Capulin Mountain (now Capulin Volcano), NM*
10/25/16 Old Kasaan, AK
6/29/17 Verendrye, ND
3/18/18 Zion, UT (incorporated Mukuntuweap NM)
8/3/18 Casa Grande (now Casa Grande Ruins), AZ*
9/24/18 Katmai, AK
12/12/19 Scotts Bluff, NE*
12/12/19 Yucca House, CO*
Warren G. Harding
1/24/22 Lehman Caves, NV
10/14/22 Timpanogos Cave, UT*
10/21/22 Fossil Cycad, SD
1/24/23 Aztec Ruin (now Aztec Ruins), NM*
3/2/23 Hovenweep, UT-CO*
3/2/23 Mound City Group, OH
5/31/23 Pipe Spring, AZ*
6/8/23 Bryce Canyon, UT
Calvin Coolidge
10/25/23 Carlsbad Cave (now Carlsbad Caverns NP), NM
4/18/24 Chiricahua, AZ*
5/2/24 Craters of the Moon, ID*
10/15/24 Castle Pinckney, SC
10/15/24 Fort Marion (now Castillo de San Marcos), FL*
10/15/24 Fort Matanzas, FL*
10/15/24 Fort Pulaski, GA*
10/15/24 Statue of Liberty, NY*
12/9/24 Wupatki, AZ*
2/26/25 Glacier Bay, AK
2/26/25 Meriwether Lewis, TN
9/5/25 Father Millet Cross, NY
11/21/25 Lava Beds, CA*
Herbert Hoover
4/12/29 Arches, UT
5/11/29 Holy Cross, CO
5/26/30 Sunset Crater (now Sunset Crater Volcano), AZ*
7/3/30 Colonial, VA +
2/14/31 Canyon de Chelly, AZ*+
3/30/31 George Washington Birthplace, VA*+
3/17/32 Great Sand Dunes, CO*
12/22/32 Grand Canyon, AZ
1/18/33 White Sands, NM*
2/11/33 Death Valley, CA-NV
3/1/33 Saguaro, AZ
3/3/33 Black Canyon of the Gunnison, CO
Franklin D. Roosevelt
4/26/33 Channel Islands, CA
8/22/33 Cedar Breaks, UT*
6/14/34 Ocmulgee, GA*+
1/4/35 Fort Jefferson (now Dry Tortugas NP), FL
8/13/35 Appomattox, VA+
8/21/35 Fort Stanwix, NY*+
8/27/35 Ackia Battleground (now part of Natchez Trace Parkway),
MS+
8/29/35 Andrew Johnson, TN+
3/19/36 Homestead, NE*+
5/26/36 Fort Frederica, GA+
6/2/36 Perry's Victory (now Perry's Victory and International Peace
Memorial), OH+
6/29/36 Whitman, WA+
8/10/36 Joshua Tree, CA
1/22/37 Zion, UT
4/13/37 Organ Pipe Cactus, AZ*
8/2/37 Capitol Reef, UT
8/25/37 Pipestone, MN+
7/16/38 Fort Laramie, WY
1/24/39 Badlands, SD+
5/17/39 Santa Rosa Island, FL
7/24/39 Tuzigoot, AZ*
8/11/39 Fort McHenry(now Fort McHenry National Monument and Historic
Shrine), MD+
3/15/43 Jackson Hole, WY
7/14/43 George Washington Carver, MO*+
6/30/44 Harpers Ferry, WV+
Harry S. Truman
3/22/46 Custer Battlefield (now Little Bighorn Battlefield), MT
8/12/46 Castle Clinton, NY*+
6/19/48 Fort Vancouver, WA+
7/12/48 Fort Sumter, SC*+
6/8/49 Saint Croix, ME*+
10/25/49 Effigy Mounds, IA*
Dwight D. Eisenhower
6/28/54 Fort Union, NM*+
4/2/56 Booker T. Washington, VA*+
7/14/56 Edison Laboratory (now Edison NHS), NJ
1/18/61 Chesapeake and Ohio Canal, MD-WV
John F. Kennedy
5/11/61 Russell Cave, AL*
12/28/61 Buck Island Reef, VI*
Lyndon B. Johnson
6/5/65 Agate Fossil Beds, NE*+
6/28/65 Pecos, NM+
8/31/65 Alibates Flint Quarries, ID*+
10/18/68 Biscayne, FL+
1/20/69 Marble Canyon, AZ
Richard M.
Nixon
8/20/69 Florissant Fossil Beds, CO*+
10/21/72 Hohokam Pima, AZ*+
10/23/72 Fossil Butte, WY*+
Gerald Ford
10/26/74 John Day Fossil Butte, WY*+
10/18/76 Congaree Swamp, SC*+
Jimmy Carter
12/1/78 Admiralty Island, AK*
12/1/78 Aniakchak, AK*
12/1/78 Becharof, AK
12/1/78 Bering Land Bridge, AK
12/1/78 Cape Krusenstern, AK*
12/1/78 Denali, AK
12/1/78 Gates of the Arctic, AK
12/1/78 Kenai Fjords, AK
12/1/78 Kobuk Valley, AK
12/1/78 Lake Clark, AK
12/1/78 Misty Fjords, AK*
12/1/78 Noatak, AK
12/1/78 Wrangell-St. Elias, AK
12/1/78 Yukon-Charley, AK
12/1/78 Yukon Flats, AK
Ronald Reagan
12/31/87 El Malpais, NM*+
10/31/88 Poverty Point, LA*+
11/18/88 Hagerman Fossil Beds, ID*+
George Bush
6/27/90 Petroglyph, NM*+
William J. Clinton
9/18/96 Grand Staircase-Escalante, UT*
1/11/00 Grand Canyon-Parashant National Monument, AZ*
1/11/00 Agua Fria National Monument, AZ*
1/11/00 California Coastal National Monument, CA*
4/15/00 Giant Sequoia*
6/09/00
Hanford Reach, WA*
6/09/00 Ironwood Forest, AZ*
6/09/00 Canyons of the Ancients, CO*
6/09/00 Cascade-Siskiyou, OR*
7/07/00 President Lincoln and Soldiers' Home, DC*
10/24/00 Santa Rosa and San Jacinto Mountains, CA+
11/9/00 Vermillion Cliffs, AZ*
1/17/01 Carrizo Plain, CA*
1/17/01 Kasha-Katuwe Tent Rocks, NM*
1/17/01 Pompeys Piller, MT*
1/17/01 Sonoran Desert National Monument, AZ*
1/17/01 Upper Missouri River Breaks, MT*
1/17/01 Virgin Islands Coral Reef, VI*
1/20/01 Governors Island-Castle Williams and Fort Jay, NY*
Need more information
about National Monuments and the Bureau of Land Management? Visit
the BLM National
Monument Web Page.
For more
information about National Monuments and the Antiquities Act of 1906 visit
the following web sites:
Another excellent
source is Hal Rothman's America's National Monuments: The Politics
of Preservation (University of Kansas Press, 1994) and "A
Special Issue: The Antiquities of 1906" Journal of the Southwest,
Vol. 42, No. 2, Summer 2000.
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