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UPDATED 2: Interior Department Releases List Of 27 National Monuments To Be Studied

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Katahdin Woods and Waters National Monument in Maine is one of nearly 30 national monuments the Trump administration wants to review to determine whether adequate public comment was taken into consideration/George Wuerthner

Editor's note: This updates with Facebook comments taken from Department of Interior's Facebook page.

Nearly 30 national monuments, from Bears Ears National Monument in Utah and Katahdin Woods and Waters National Monument in Maine to Papahanaumokuakea National Monument in the Pacific and Northeast Canyons and Seamounts in the Atlantic Ocean, are going to be studied by the Interior Department to determine whether adequate public comment was taken into consideration before they were designated by Presidents Obama, Bush, and Clinton.

While the Antiquities Act used by the presidents to make the designations does not require public comment on proposed designations, the Trump administration has decided that input from states and local communities near monuments "is a critical component of federal land management."

The announcement late Friday afternoon was met with a measure of disbelief by Theresa Pierno, president and CEO of the National Parks Conservation Association.

“National Parks Conservation Association continues to be alarmed by the administration’s consideration of reducing or removing protections for our cherished public lands and waters," she said. "Last week’s executive order, combined with today’s announcement of an unprecedented public comment period to review 27 national monuments, including national park sites, is deeply concerning."

The Interior Department released the list of 27 monuments late Friday afternoon, a day before a public march is planned for Salt Lake City, Utah, in support of Bears Ears and two days before Interior Secretary Ryan Zinke comes to Utah to tour Bears Ears and Grand Staircase-Escalante National Monument that President Clinton designated across 1.9 million acres in southern Utah back in 1996.

“The Department of the Interior is the steward of America’s greatest treasures and the manager of one-fifth of our land. Part of being a good steward is being a good neighbor and listening to the American people who we represent,” said Secretary Zinke in a release. “Today’s action, initiating a formal public comment process, finally gives a voice to local communities and states when it comes to Antiquities Act monument designations. There is no pre-determined outcome on any monument. I look forward to hearing from and engaging with local communities and stakeholders as this process continues.”

Interior's position that local communities and states did not have adequate opportunities to comment on monument designations was questioned by some of the nearly 150 people who posted comments on the department's Facebook page by Friday evening.

"It is disingenuous to suggest that this is the first time that the public has commented on these monuments. During the designation and exploratory processes of the previous three administrations local town halls and meetings were held which took into account the concerns of local stakeholders, Indian tribes, recreational users, and the conservation community," wrote Alex Jones. "The vetting process for most of these monuments took far longer than 45 days."

Susan Hiebert wrote that her "voice will be heard! Leave the monuments and national parks alone. They belong to all of us. Not just this nasty administration."

Wendy Byers Lawrence took exception to the comparatively short comment period being given Bears Ears.

"That's just wrong that that particular monument is being short-changed," she said. "To be fair, Bears Ears should be given the same 60 days as the rest."

But Dave Oppelt said that, overall, the review was just.

"It's about states rights and prohibiting the feds from oversight and stealing our land," he wrote. "Get a grip, they've given leases away for century's (sic) at little to no cost for cattle and ranches...wake up!"

Jeremy Eyre, an attorney, doubted the review would result in any changes to monuments.

"Speaking as an attorney and natural resources planner who has spent the last 14 or so years working on public lands and natural resources issues in Utah, I'm pretty sure the only thing this national monuments review will result in is an affirmation that many people in Utah are still mad about Bears Ears and Grand Staircase, and a suggestion that future presidents be careful about any national monument designations in Utah," he wrote on the Facebook page. "The law is not on the side of national monument opponents. Read the Antiquities Act and the Federal Land Policy and Management Act. The only way to reduce or rescind a monument is through an act of Congress, and such an act would fail miserably. Hence, we get all of this political posturing instead."

Comments may be submitted online after May 12 at at this site. Once there, enter “DOI-2017-0002” in the Search bar and click “Search.” You also can mail comments to Monument Review, MS-1530, U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240.

The public comment period for Bears Ears National Monument, which President Obama designated late last year, is surprisingly short, within 15 days of publication of the public comment notice in the Federal Register, which is expected to occur next week. Written comments relating to all other designations subject to Executive Order 13792 must be submitted within 60 days of that date. 

The public comment period for Bears Ears is shorter than that of the others because President Trump's executive order directed Secretary Zinke to report back on that specific monument within 45 days, and the order was dated April 26.

At NPCA, Ms. Pierno noted there has been much support voiced from throughout the country for both Bears Ears and Katahdin Woods and Waters.

“Since the executive order was issued, NPCA supporters from across the country have spoken up in defense of our national monuments, urging Interior Secretary Zinke to protect the places that our communities hold so dear. From sacred tribal lands to clear-running rivers, towering mountain ranges and places that tell our country’s shared history, our national monuments preserve some of our country’s greatest natural and cultural resources, which belong to all of us," she said.

“One of our newest national park sites, Katahdin Woods and Waters National Monument in Maine, is singled out in the Interior Department’s announcement, for review of whether adequate public outreach and coordination with relevant stakeholders was conducted prior to its designation. Interior Secretary Zinke will soon realize that public input around Katahdin could not be more robust," added Ms. Pierno. "Over a more than four-year public engagement period, the opportunity to protect the lands as a national park site gained support from more than 200 Maine businesses and organizations including the Katahdin Area Chamber of Commerce, the Katahdin Rotary Club, the Greater Houlton Chamber of Commerce, the Bangor City Council and the Maine Innkeepers Association. Nearly 1,400 Maine residents joined a public meeting in Orono, Maine, most of whom supported national park designation for the lands."

President Trump last week directed Secretary Zinke to review certain National Monuments designated or expanded under the Antiquities Act of 1906, 54 U.S.C. 320301-320303 (Act). Specifically, Section 2 of the Executive Order directs the secretary to 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 the order.

Among other provisions, Section 1 of the order states that designations should reflect the Act’s “requirements and original objectives” 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.” 82 FR 20429 (May 1, 2017).

In making the requisite determinations, the Secretary is directed to 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.

The national monuments being initially reviewed are:

Basin and Range, Nevada, designated in 2015, 703,585 acres

Bears Ears, Utah, designated in 2016, 1.35 million acres

Berryessa Snow Mountain, California, designated in 2015, 330,780 acres

Canyons of the Ancients, Colorado, designated in 2000, 175,160 acres

Carrizo Plain, California, designated in 2001, 204,107 acres

Cascade Siskiyou, Oregon, designated in 2000 and enlarged in 2017, 100,000 acres

Craters of the Moon, Idaho, designated in 1924 and enlarged in 2000, 737,525 acres

Giant Sequoia, California, designated in 2000, 327,760 acres

Gold Butte, Nevada, designated in 2016, 296,937 acres

Grand Canyon-Parashant, Arizona, designated in 2000, 1,014,000 acres

Grand Staircase-Escalante, Utah, designated in 1996, 1,900,000 acres

Hanford Reach, Washington, designated in 2000, 194,450.93 acres

Ironwood Forest, Arizona, designated in 2000, 128,917 acres

Mojave Trails, California, designated in 2016, 1,600,000 acres

Organ Mountains-Desert Peaks, New Mexico, designated in 2014, 496,330 acres

Rio Grande del Norte, New Mexico, designated in 2013, 242,555 acres

Sand to Snow, California, designated in 2016, 154,000 acres

San Gabriel Mountains, California, designated in 2014, 346,177 acres

Sonoran Desert, Arizona, designated in 2001, 486,149 acres

Upper Missouri River Breaks, Montana, designated in 2001, 377,346 acres

Vermilion Cliffs, Arizona, designated in 2000, 279,568 acres

Katahadin Woods and Waters, Maine, designated in 2016, 87,563 acres

The Department of the Interior seeks public comments related to: (1) Whether national monuments in addition to those listed above should be reviewed because they were designated or expanded after January 1, 1996, “without adequate public outreach and coordination with relevant stakeholders;” and (2) the application of factors (i) through (vii) set forth above to the listed national monuments or to other Presidential designations or expansions of designations meeting the criteria of the Executive Order. With respect to factor (vii), comments should address other factors the Secretary might consider for this review.

In a separate but related process, certain Marine National Monuments will also be reviewed. As directed by section 4 of Executive Order 13795 of April 28, 2017, “Implementing An America-First Offshore Energy Strategy” (82 FR 20815, May 3, 2017), the Department of Commerce will lead the review of the Marine National Monuments in consultation with the Secretary of the Interior. To assist in that consultation, the Secretary will accept comments related to the application of factors (i) through (vii) in Executive Order 13792 as set forth above to the following Marine National Monuments:

Marianas Trench, CNMI/Pacific Ocean, designated in 2009, 60,938,240 acres     

Northeast Canyons and Seamounts, Atlantic Ocean, designated in 2016, 3,114,320 acres

Pacific Remote Islands, Pacific Ocean, designated in 2009, 55,608,320 acres

Papahanaumokuakea, Hawaii/Pacific Ocean, designated in 2006 and enlarged in 2016, 89,600,000 acres

Rose Atoll, American Samoa/Pacific Ocean, designated in 2009, 8,609,045 acres.

Comments

I just returned from the Protect Bears Ears rally at the Utah State Capitol.  I didn't hear any official estimate of crowd size, but think there were between 3 and 4 thousand present.  I'm sure there would have been more had there been more time to allow notification.  We learned that only last Tuesday or Wednesday that Zinke was coming to Utah tomorrow (Sunday).  

Many in the crowd were members of the tribes that will be directly affected : Navajo, Ute, Hopi.  Others included Shoshone and Zuni members and tribal leaders.  Among speakers were Davis Filfred of the Bears Ears Intertribal Council; Virgil Johnson of Utah Tribal Leaders; Mark Maryboy, Utah Dine (Navajo) Bikeyah; and Shaun Chapoose, Chairman of the Ute Tribe.

Secretary Zinke is going to be at the Capitol tomorrow (Sunday) to meet with Governor Herbert and members of the Utah Legislature who oppose Bears Ears and Grand Staircase Escalante National Monuments.  A little later, he will hold a press conference at the Salt Lake BLM office.  Then, on Monday and perhaps Tuesday, he will be in San Juan county in the southeastern corner of the state where there is a lot of opposition among Anglo folks.  He will meet with county commissioners and other SELECTED representatives of the "people who call southern Utah home."

BUT I WAS APPALLED TO LEARN THAT ALTHOUGH TRIBAL LEADERS ALSO REQUESTED A MEETING WITH ZINKE, THEY WERE DENIED!

All the tribal leaders mentioned above told of having made the request and receiving denials.  That makes this cartoon from this morning's Salt Lake Tribune all the more pathetically true --

http://www.sltrib.com/opinion/5258409-155/bagley-cartoon-zinkes-ears


The die has been cast and the decision made. The future of these sites is I danger. I fear that commercial interests will prevail. 


Seeing Craters of the Moon on the list really has struck a nerve with me..  I have spent a lot of free time in that beautiful rugged wilderness, and it's truly a miraculous place that to many would seem like a somber hostile wasteland.  However, it is far from that.  Looks like the Sheep, and Cattle industry is going to push hard to have it taken from the American public.  


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