Redge Johnson: 'It appears that [Bears Ears and Grand Staircase] were reverse-engineered by stitching together a vast area and then filling the area in with ubiquitous items of marginal interest.'
The Bears Ears buttes April 10, 2021.“Any land reserved under the [] Act must be limited to the smallest area compatible with the care and management of the objects to be protected. Somewhere along the line, however, this restriction has ceased to pose any meaningful restraint. A statute permitting the President in his sole discretion to designate as monuments ‘landmarks,’ ‘structures,’ and objects ...
Basically, we’re asking the court to determine whether these two vast reservations comport with the “smallest area compatible” restraint upon the president’s powers. We don’t believe it does and we’re hoping the court reverses these proclamations. Utah also supports access to its public lands and their cultural resources. However, cultural sites experiencing heavy traffic must be protected with designated trails, signage, appropriate fencing and other means of protection along with sufficient personnel to safeguard sites from damage, none of which necessarily come with national monument designations. Otherwise, these precious places will be damaged.
Size matters, but so does specificity. The Antiquity Act requires monuments to be discrete “objects,” “structures,” or “landmarks,” of “historic or scientific interest.” In an apparent effort to justify the monuments, the proclamations list is generic, nondescript, animate and not affixed to the land. A proclamation that describes generic categories of things – both animate and inanimate – without identifying their location or number fails to satisfy the act’s requirements.
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