	Introduction

The Antiquities Act of 1906 (54 U.S.C. Monument proclamations typically seek to provide protections to federal lands and resources. The act does not further specify the process to be used by Presidents in proclaiming monuments. From 1906 to the date of this report, Presidents have established 157 monuments and have enlarged, diminished, or otherwise modified previously proclaimed monuments. In 2017, the Trump Administration engaged in a review of certain national monuments proclaimed by Presidents under the Antiquities Act since 1996. Presidential establishment and modification of national monuments has sometimes been contentious, and litigation and legislation have been pursued. Criticism has centered on the size of the areas and the types of resources protected; the effect of monument designations on land uses; the inclusion of nonfederal lands within monument boundaries; and the lack of requirements for public participation, congressional and state approval, and environmental reviews in the Antiquities Act, among other issues. Monument advocates believe the President needs authority to act promptly to protect valuable resources. They assert that the public has supported and courts have upheld presidential designations and that many initially controversial designations have come to be widely supported. Congress continues to face a variety of issues related to national monuments. Whether to establish, amend, or abolish national monuments is of current interest. Congress has broad authority to take these actions, and has created national monuments on federal lands and has increased and decreased monument sizes on numerous occasions. Congress also oversees presidential exercise of authority to proclaim monuments and has considered measures to alter this authority. Executive Review of Monuments

		Overview of Executive Order

On April 26, 2017, President Trump issued an executive order requiring the Secretary of the Interior to review national monuments established or expanded by Presidents since 1996. The order required review of national monuments where the size at establishment or after expansion exceeded 100,000 acres or where the Secretary determined that the action was taken "without adequate public outreach and coordination with relevant stakeholders." The act does not specifically require public outreach and coordination in monument designations. The review was to determine if the establishment or expansion of post-1996 monuments conformed to the policy in the executive order and to develop any recommendation for presidential actions, legislative proposals, or other actions to carry out the policy. They included
the requirements and objectives of the Antiquities Act, including that designations be confined to "the smallest area compatible with the proper care and management of the objects to be protected"; whether designated lands are "appropriately classified" as historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest; the effect of monument designation on uses of federal and nonfederal lands inside and outside of the monument boundaries; concerns of affected state, tribal, and local governments; availability of federal resources to manage designated areas; and other factors determined by the Secretary. One of the 27 monuments, Katahdin Woods and Waters National Monument, was reviewed based on the adequacy of public outreach and coordination with stakeholders in establishing the monument. A total of 2,839,046 comments were received. On August 24, 2017, the Secretary of the Interior sent to the President a final report on monuments reviewed, which included recommendations. The most common recommendation was to amend the proclamations for specified purposes. They included clarifying the limits of executive authority under the Antiquities Act and the intent of Congress regarding land use in monument areas containing other protective designations. The final report recommends amending monument proclamations regarding resource management.
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, and other objects of historic or scientific interest." Monument proclamations typically seek to provide protections to federal lands and resources. The President is to reserve "the smallest area compatible with the proper care and management of the objects to be protected." The act does not further specify the process to be used by Presidents in proclaiming monuments.
From 1906 to date, Presidents have established 157 monuments and have also enlarged, diminished, or otherwise modified previously proclaimed monuments through a total of 259 proclamations. Presidential establishment and modification of national monuments has sometimes been contentious, and litigation and legislation have been pursued. Criticism has centered on the size of the areas and types of resources protected; effect of monument designations on land uses; inclusion of nonfederal lands within monument boundaries; and extent of public consultation. Monument advocates believe the President needs authority to act promptly to protect valuable resources. They assert that the public has supported and courts have upheld presidential designations and that many initially controversial designations have come to be supported.
In 2017, the Trump Administration reviewed certain national monuments proclaimed by previous Presidents. The effort began on April 26, 2017, with an executive order requiring the Secretary of the Interior to review national monuments established or expanded by Presidents since 1996. The order required review of national monuments where the size at establishment or after expansion exceeded 100,000 acres or where the Secretary determined that the action was taken "without adequate public outreach and coordination with relevant stakeholders." The Antiquities Act does not specifically require public outreach and coordination in monument designations. The review was to determine if the establishment or expansion of post-1996 monuments conformed to a policy set out in the executive order and to develop any recommendation for presidential actions, legislative proposals, or other actions to carry out the policy. The executive order called for interim and final reports on the monuments under review, within specified time periods.
The Department of the Interior (DOI) reviewed a total of 27 monuments, one based on the adequacy of consultation and the others based on their size. During the review, the Administration received 2,839,046 comments from the public and visited several monument areas to receive public input.
On August 24, 2017, the Secretary submitted to the President a final report on all 27 monuments reviewed. The report, marked "draft," was made public by the news media. It contained recommendations for 10 of the 27 monuments, with between one and six recommendations per monument. The types of recommendations varied. They included amending monument proclamations for specified purposes, changing monument boundaries, agency revision of monument management plans, and seeking authority from Congress for tribal comanagement of cultural areas. The report also contained broader recommendations, including changing the monument designation process, establishing new monuments, and seeking congressional clarification of the limits on executive authority under the Antiquities Act and the intent of Congress regarding land uses of monument areas with other protective designations.
Congress continues to face a variety of national monument issues. Congress has broad authority to establish, amend, or abolish national monuments and has done so on numerous occasions, including amending and redesignating monuments proclaimed by Presidents. Congress also oversees presidential exercise of authority to proclaim monuments and has considered measures to alter this authority.