Final Report Summarizing Findings of the Review of Designations Under the Antiquities Act

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the importance of the Nation'due south wealth of natural resources to American workers and the American economy, information technology is hereby ordered as follows:

Department 1. Policy. Designations of national monuments under the Antiquities Human action of 1906, recently recodified at sections 320301 to 320303 of title 54, The states Lawmaking (the "Antiquities Act" or "Act"), take a substantial impact on the direction of Federal lands and the use and enjoyment of neighboring lands. Such designations are a means of stewarding America'southward natural resource, protecting America's natural beauty, and preserving America's historic places. Monument designations that result from a lack of public outreach and proper coordination with State, tribal, and local officials and other relevant stakeholders may likewise create barriers to achieving free energy independence, restrict public access to and use of Federal lands, burden State, tribal, and local governments, and otherwise curtail economic growth. Designations should be made in accordance with the requirements and original objectives of the Human activity and appropriately balance the protection of landmarks, structures, and objects against the appropriate apply of Federal lands and the effects on surrounding lands and communities.

Sec. two. Review of National Monument Designations. (a) The Secretary of the Interior (Secretary) shall conduct a review of all Presidential designations or expansions of designations under the Antiquities Act made since Jan ane, 1996, where the designation covers more than 100,000 acres, where the designation subsequently expansion covers more than 100,000 acres, or where the Secretarial assistant determines that the designation or expansion was fabricated without adequate public outreach and coordination with relevant stakeholders, to make up one's mind whether each designation or expansion conforms to the policy set forth in department i of this society. In making those determinations, the Secretary shall consider:

(i) the requirements and original objectives of the Human action, including the Act'due south requirement that reservations of land not exceed "the smallest surface area uniform with the proper care and management of the objects to be protected";

(ii) whether designated lands are appropriately classified under the Act every bit "historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific involvement";

(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 The statesC. 1701(a)(7)), as well every bit the effects on the bachelor uses of Federal lands beyond the monument boundaries;

(iv) the effects of a designation on the use and enjoyment of not-Federal lands inside or beyond monument boundaries;

(v) concerns of State, tribal, and local governments affected by a designation, including the economic evolution and fiscal status of afflicted States, tribes, and localities;

(half-dozen) the availability of Federal resources to properly manage designated areas; and (vii) such other factors as the Secretary deems appropriate.

(b) In conducting the review described in subsection (a) of this section, the Secretary shall consult and coordinate with, as advisable, the Secretary of Defence force, the Secretary of Agronomics, the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the heads of any other executive departments or agencies concerned with areas designated nether the Human action.

(c) In conducting the review described in subsection (a) of this section, the Secretary shall, every bit appropriate, consult and coordinate with the Governors of States afflicted by monument designations or other relevant officials of afflicted State, tribal, and local governments.

(d) Within 45 days of the appointment of this order, the Secretary shall provide an interim report to the President, through the Director of the Office of Management and Budget, the Banana to the President for Economical Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section with respect to Announcement 9558 of December 28, 2016 (Institution of the Bears Ears National Monument), and such other designations as the Secretary determines to exist advisable for inclusion in the interim study. For those designations, the interim report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider advisable to conduct out the policy set forth in section ane of this social club.

(e) Inside 120 days of the date of this order, the Secretary shall provide a terminal written report to the President, through the Director of the Role of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Ecology Quality, summarizing the findings of the review described in subsection (a) of this section. The final report shall include recommendations for such Presidential deportment, legislative proposals, or other actions consistent with law equally the Secretary may consider appropriate to carry out the policy ready forth in section i of this order.

Sec. 3. General Provisions. (a) Nothing in this social club shall be construed to impair or otherwise affect:

(i) the authorization granted by law to an executive section or bureau, or the head thereof; or

(ii) the functions of the Director of the Role of Management and Budget relating to budgetary, authoritative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject field to the availability of appropriations.

(c) This guild is not intended to, and does not, create any correct or do good, noun or procedural, enforceable at law or in equity by whatever party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

The White Firm,

Apr 26, 2017.

Note: This Executive lodge was published in the Federal Register on May 1.

Donald J. Trump, Executive Order 13792—Review of Designations Nether the Antiquities Act Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/326685

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Source: https://www.presidency.ucsb.edu/documents/executive-order-13792-review-designations-under-the-antiquities-act

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