National Monuments and the Antiquities Act
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 163 monuments, including in marine areas. Presidents also have enlarged, diminished,
and changed the terms of monuments previously proclaimed by Presidents. Congress has
modified many of these proclamations, converted some monuments to different designations, and
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 actions. These actions include
• President Obama’s designation of 29 new monuments and enlargement of 5 others;
• President Trump’s designation of 1 new monument, overall reduction in size and modification of
management terms of 2 monuments, and modification of management terms of 1 monument; and
• President Biden’s designation of 5 new monuments, enlargement of 4 monuments (with modification of
management terms of 2 of them), and modification of management terms of 1 other monument.
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 contend that the act serves an important
purpose in preserving resources for future generations and that the President needs 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 designations that initially were controversial now are supported.
Given the recurring controversies over presidential monument proclamations, Congress has evaluated whether to abolish,
limit, or retain the President’s authority under the Antiquities Act. In recent Congresses, measures have been introduced 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.