The act in question is the antiquities act of 1906, 54 u. The document, a landswap agreement between the federal government and the state of utah pdf 140 kb, was ratified by congress and signed into law by. The antiquities act of 1906 allows certain federally owned lands to be designated and protected as national monuments. Congress and signed by president theodore roosevelt on june 8, 1906. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the government of the united states, without the permission of the secretary of the department of the. Apr 28, 2017 the national monument designation came into existence as a result of the antiquities act of 1906. National monuments and the antiquities act unt digital library. Many of these monuments, including such iconic places as the grand canyon, zion, olympic, and acadia, have been expanded and redesignated by congress as national parks. The antiquities act was created in 1906 by congress for the purpose of protecting small areas in the southwest with prehistoric ruins and indian artifacts from theft or destruction. The antiquities act centennial archaeology magazine archive. This site is like a library, use search box in the widget to get ebook that you want. What is the antiquities act and why does president trump. Aug 01, 2017 the text, spirit, and 111year history of the antiquities act of 1906 militate against presidential power to revoke a national monument proclamation made by a predecessor president. This report discusses the antiquities act of 1906, which 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.
Antiquities act of 1906 aka national monuments act prior to passage of the antiquities act, 16 u. This law gives the president of the united states the authority to, by presidential proclamation, create national monuments from. Kris hirst our feature story looks into the origins of the antiquities act, placing it within the historical context of social movements in turn of thecentury. Also known as the national monument act preservation of antiquities june 8, 1906, ch. The powers conferred to the president in the antiquities act of 1906 and section 12a of the outer continental shelf lands act ocsla operate in one direction only.
Presidents lack the authority to abolish or diminish national. By any measure, the antiquities act of 1906 has a remarkable legacy. After a generationlong effort, president theodore roosevelt signed the antiquities act on june 8, 1906. The president has no power unilaterally to abolish a. Cultural extermination, archaeological protection, and the antiquities act of 1906 volume 12 issue 3 chip colwellchanthaphonh skip to main content we use cookies to distinguish you from other users and to. The 1906 law was called an act for the preservation of american antiquities. As a leader of the progressive political movement, roosevelt encouraged the development of conservation and preservation legislation like the antiquities act. Washington using his authority under the 1906 antiquities act more frequently than any president in history, president obama has set aside more than 3. The antiquities act of 1906 legislative and congressional.
Congress enacted the antiquities act of 1906, 54 u. Antiquities act of 1906 constitutional law reporter. Introduction on september 18, 1996, president bill clinton stood on the south rim of the grand canyon and announced the creation of the 1. The question is therefore whether such a power may be implied. Pdf the monumental legacy of the antiquities act of 1906. Lacey of iowa introduced the antiquities act after traveling to several sites in the southwestern united states that had been ravaged by pot hunters. The three parts of the antiquities act the act for the preservation of american antiquities, enacted on june 8, 1906 3k stat. Signed into law by theodore roosevelt, the antiquities act of 1906 was the first federal regulation to protect the cultural and natural resources. Laws acquire popular names as they make their way through congress. Bulk download and developer documentation every crs report. Press documents also were prepared that summarized the. The antiquities act of 1906, officially an act for the preservation of american antiquities, was. The antiquities act of 1906 is a short and simple law of three sections drafted by archeologist edgar hewitt to protect objects of antiquity on public land. Many scholars, however, have taken a different view.
The antiquities act of 1906 authorizes the president of the united states to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic. The antiquities act of 1906, officially an act for the preservation of american antiquities, was passed by the u. A newly available document released by the bureau of land management blm shows congress affirmed that the initial boundaries of grand staircaseescalante national monument complied with the antiquities act. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law as with the tafthartley act. Under the act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. The antiquities act is a powerful piece of legislation. A comprehensive listing of all national monuments established by the presidents of the united states since the passage of the antiquities act of 1906. This law gives the president of the united states the authority to, by presidential proclamation, create national monuments from federal lands to protect significant natural, cultural, or. Obamas national monuments are about more than conservation. This act may be cited as the americas natural treasures of immeasurable quality unite, inspire, and together improve the economies of states act or the antiquities act. The heart of the antiquities act of 1906 is a mere two sentences.
Theodore roosevelt, of course, was instrumental in enacting this statute. Monuments protected under the antiquities act national. Sometimes these names say something about the substance of the law as with the 2002 winter olympic commemorative coin act. The president is not authorized by congress to revoke monument designations. The antiquities act of 1906 download ebook pdf, epub.
The antiquities act and how theodore roosevelt shaped it. John muir and the 1906 antiquities act sierra club. Introduction y any measure, the antiquities act of 1906 has a remarkable legacy. Jun 26, 2016 washington using his authority under the 1906 antiquities act more frequently than any president in history, president obama has set aside more than 3. The antiquities act of 1906 gives the president power to establish national monuments on. Enacted in 1906, the antiquities act gives the president the ability to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the. It provides specifically for the preservation of archaeological, historical, and natural resources on public lands. The creation of the bears ears national monument provided needed protection to a variety of natural and historic treasures, including scenic landscape formations and cultural sites that native americans have held sacred for thousands of years. The monumental legacy of the antiquities act of 1906 by mark. The provisions of the act are codified at 16 uscs 431433. National monuments and the antiquities act congressional research service summary the antiquities act of 1906 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.
Kris hirst our feature story looks into the origins of the antiquities act, placing it within the historical context of social movements in turnofthecentury. The antiquities act of 1906 authorizes the president of the united states to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon federal lands. The act requires the president to reserve the smallest area compatible with the proper care. Through a long process before the act was passed by congress and signed by president theodore roosevelt on june 8, the act became much more important as a measure, and to some in. The text of this article was originally published in the theodore roosevelt association journal, volume xxxii, number 3, summer 2011, pages 2438, and is reprinted here using a selection of the original illustrations with permission.
See documents and timeline below for additional details. Subcommittee on national parks, forest and public lands 24 longworth house office building tuesday, april 16, 20 10. Spanish documents persuaded bandelier that pecos had first been. Under the antiquities act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic. This description of the act, as amended, tracks the language of the united states code except that following common usage we refer to the act meaning the act, as amended rather than to the subchapter or the title of the code.
Presidential authority to revoke or reduce national monument designations yoo and gaiano are now in museums, but many are forever lost to sci ence. Presidential authority to revoke or reduce national monument. Click download or read online button to get the antiquities act of 1906 book now. As president in june 1906, he signed the act, making it united states law. The antiquities act of 1906 and the controversy about it.
The antiquities act, which became law in 1906 after years of debate, has played a rich and enduring role in protecting our nations history and heritage. Antiquities act law and legal definition uslegal, inc. The antiquities act and how theodore roosevelt shaped it francis p. Antiquities act of 1906 national border, national park. This history of the antiquities act of 1906 has been prepared to help fill a. National monument designations, under the antiquities act of 1906, are meant to ensure the proper care and management of historic landmarks and other objects of historic or scientific interest. But a good argument can be made that this brief law which authorizes the president to protect objects of historic or. Secretary of the interior ryan zinke in 1906, congress delegated to the president the power to designate a monument under the antiquities act act.
The antiquities act of 1906 authorizes the president to declare, by proclamation, that objects of historic or scientific interest on federal lands are designated as national monuments. It is officially known as an act for the preservation of american antiquities. The antiquities act dates back to 1906 and gives the president power to declare historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest. The act was developed in response to concerns for the preservation of americas archaeological sites and the artifacts and information they contained. The antiquities act of 1906 is among the most important of american. Jun 20, 2007 the antiquities act of 1906 authorizes the president of the united states to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon federal lands.
President theodore roosevelt, who signed the antiquities act into law, created 18 monuments, including the grand canyon and olympic national park in. Pursuant to this power, a president has the corresponding power to revoke prior national monument designations. The monumental legacy of the antiquities act of 1906. Laceys report to congress became the basis for the antiquities act, which was signed into law by president theodore roosevelt on june 8, 1906. The president is to reserve the smallest area compatible with the proper care and management of the objects to be protected. Since its passage by congress in 1906, the antiquities act has been a. A recent oped in the wall street journal by john yoo and todd gaziano argues such a power should be implied in that act. The various letters and documents, apparently supplied by richards. Mar 21, 2014 this report discusses the antiquities act of 1906, monument issues and controversies, as well as administration and legislative activities. President trump and the antiquities act what the future.
It also provides the foundation of a centurys worth of further developments in statutes, regulations, and policies for the conservation and preservation of archaeological. The antiquities act of 1906 was enacted as a response to concerns over theft from and destruction of archaeological sites and was designed to provide an expeditious means to protect federal lands and resources. The antiquities act of 1906 is among the most important of american conservation and preservation laws. Conoco antes up, files two more applications for drilling. The antiquities act and americas national monuments. Antiquities act national trust for historic preservation. Mar 25, 2015 the antiquities act dates back to 1906 and gives the president power to declare historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest. The antiquities act of 1906 is one of our nations most important conservation tools. The antiquities act passed in 1906, the act, now codified at 54 u. The monumental legacy of the antiquities act of 1906 by. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the. This text is from the fourth edition of federal historic preservation.
The president of the united states is authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interested that are situated upon the lands owned or controlled by the. Presidents do not have the authority to rescind or diminish national monument designations or to restore permanently withdrawn areas to offshore. The creation of the bears ears national monument provided needed protection to a variety of natural and historic treasures, including scenic landscape formations and cultural sites that native americans have held sacred for. The antiquities act of 1906 authorizes the president to declare, by. Jan, 2017 the antiquities act of 1906 is one of our nations most important conservation tools. Theodore roosevelt and the antiquities act of 1906. In order to secure this valuable archaeological material, walls were broken down. It was the first legislation designed to protect and preserve historic landmarks, cultural sites, and objects of scientific interest within the united states. Early expeditions included privately funded scientific exploration, such as the hemenway southwestern archaeological. Opinion the endangered antiquities act the new york times. National monuments act 1906 american antiquities law for. Only the most recent pdf and html files for a report are listed in the csv file. Used to safeguard and preserve federal lands and cultural and historical sites for all americans to enjoy, 16 presidents have designated 157 national monuments under this authority. The text, spirit, and 111year history of the antiquities act of 1906 militate against presidential power to revoke a national monument proclamation made by a.
The monumental legacy of the antiquities act of 1906 mark squillace i. In each of the controversial cases the scope of the antiquities act was. In 1976, congress reaffirmed its intention to provide the president with land protection authority when it passed the federal land policy and management act. The antiquities act of 1906 defined the study of archaeology as a scientific endeavor and resulted in the protection of 167 million acres of cultural and natural environments. Ninety years of the antiquities act brief timeline showing use of the antiquities act. Antiquities act its history and use this is a collection of documents related to the history and use of the antiquities act of 1906, the first federal statute for the general preservation of archaeological, cultural, historic, and scientific resources. The national monument designation came into existence as a result of the antiquities act of 1906. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the government of the united states, without the permission of the secretary of the department of the government having jurisdiction over the lands on which said. A recent executive order by president donald trump has directed ryan zinke, the secretary of the interior, to reassess the status of 27 national monuments, either so designated or expanded since january 1, 1996. Jul 22, 2017 the antiquities act of 1906 grants the president the power to designate national monuments in order to protect historic landmarks and structures. The antiquities act of 1906 authorizes the president to declare. His personal testimony was bolstered by a report by anthropologist edgar lee hewett that detailed the cultural and scientific value of the sites. For previous versions of the report, parse the metadata json files to get the pdf and html filenames. When an object is situated on a parcel covered by a bona fide unperfected claim or held in private ownership, the parcel, or so much of the parcel as may be necessary for the proper care and management of the object, may be relinquished to the federal government and the secretary may accept the relinquishment of the parcel on behalf of the federal government.
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