Establishment of National Monuments
Controversies Surrounding the Antiquities Act
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.” The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” Congress subsequently limited the President’s authority by requiring congressional authorization for extensions or establishment of monuments in Wyoming, and by making withdrawals in Alaska exceeding 5,000 acres subject to congressional approval. Presidential and Congressional Authority The Antiquities Act was a response to concerns over theft from and…
