	Introduction

The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest." Various issues regarding presidentially created monuments have generated controversy, lawsuits, statutory changes, and legislative proposals to limit the President's authority. Concerns have centered on the extent of the President's authority to establish and modify monuments, the size of the areas, the types of protected resources and the level of threats to the areas, the inclusion of nonfederal lands within monument boundaries, and the selection of the managing agency. Still another focus is the manner in which the monuments were created. Most monument advocates favor the Antiquities Act in its present form. They believe that the act serves an important purpose in preserving resources for future generations. To give one historical example, displeasure with President Franklin D. Roosevelt's proclaiming of the Jackson Hole National Monument in Wyoming in 1943 (which became Grand Teton National Park) prompted litigation on the extent of presidential authority under the Antiquities Act, and led to a 1950 law prohibiting future establishment of national monuments in Wyoming unless Congress made the designation. President Obama issued 34 monument proclamations, including designation of 29 new monuments and enlargement of 5 existing monuments. Presidents have changed the terms and conditions of monument proclamations, although relatively infrequently. Congress has authority to create, modify, and abolish national monuments on federal lands, and has done so on numerous occasions under its constitutional authority to enact legislation regarding federal lands. Monument Size

In establishing a national monument, the President is required by the Antiquities Act to reserve "the smallest area compatible with the proper care and management of the objects to be protected." Some monument advocates support more restrictions on development. Brief information on each monument proclamation by President Trump is contained in Appendix C . 

	Overview of Legislative Activity

Given the recurring controversies over presidential establishment and modification of national monuments, recent Congresses have evaluated whether to abolish, limit, or retain unchanged the President's authority to proclaim monuments under the Antiquities Act. Among the monument measures considered during recent Congresses were bills to impose restrictions on presidential authority, including to:
limit the size or duration of withdrawals; prohibit or restrict withdrawals in particular states or other locations (e.g., the exclusive economic zone); narrow the types of resources that could be protected; ban the inclusion of nonfederal land within monument boundaries; encourage public participation in the monument designation process; revoke the President's authority to designate monuments or require congressional and/or state approval of some or all monument designations; and promote presidential creation of monuments in accordance with certain federal land management laws and environmental laws. Some of these supporters have introduced legislation to bar the President from reducing or abolishing national monuments.
The Antiquities Act of 1906 (54 U.S.C. §§320301-320303) authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve "the smallest area compatible with the proper care and management of the objects to be protected." The act was designed to protect federal lands and resources quickly. Presidents have proclaimed a total of 158 monuments, and also have enlarged, diminished, and changed the terms of monuments previously proclaimed by Presidents. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority.
Presidential establishment of monuments sometimes has been contentious—for example, President Franklin D. Roosevelt's creation of the Jackson Hole National Monument in Wyoming (1943) and President Clinton's establishment of 19 monuments and expansion of 3 others (1996-2001). Debate over the President's authority to establish and modify national monuments has continued in light of more recent presidential action, namely President Obama's designation of 29 new monuments and enlargement of 5 others, and President Trump's designation of 1 monument and reduction and modification of the terms of 2 others.
Various issues regarding presidentially designated monuments have generated controversy, lawsuits, statutory changes, and legislative proposals to limit the President's authority. Some concerns have centered on the extent of the President's authority to establish and modify monuments, the size of the areas, the types of protected resources and the level of threats to these resources, the inclusion of nonfederal lands within monument boundaries, the selection of the managing agency, restrictions on land uses that may result, and the manner in which the monuments were created.
Most monument advocates favor the Antiquities Act in its present form. They believe that the act serves an important purpose in preserving resources for future generations and that the President needs continued authority to act promptly to protect valuable resources on federal lands from potential threats. They assert that the public has supported and courts have upheld designations by the President and that many past presidential designations that initially were controversial have come to be supported.
Given the recurring controversies over presidential monument proclamations, Congress has evaluated whether to abolish, limit, or retain unchanged the President's authority under the Antiquities Act. During recent Congresses, measures were considered to impose restrictions on presidential authority, including to limit the designation of monuments in particular locations and promote presidential creation of monuments in accordance with certain federal land management, public participation, and environmental laws. Other measures sought to change land uses within monuments or alter monument boundaries. Among other bills, some proposals would have barred the President from reducing or abolishing national monuments or increased funds for presidentially proclaimed monuments.