8.5 Antiquities Act

The Antiquities Act of 1906 grants authority to the President of the United States to set aside land of historic or scientific interest. Recently, over three million acres of federal land have been withdrawn from public use by authority of the Antiquities Act. In many instances, this action was taken without formal input from the state or local governments involved or the states’ congressional delegation, and was strongly opposed by the local citizens.

The Antiquities Act should be repealed, and the authority to withdraw land from public use returned to Congress. Failing repeal, the Antiquities Act should be amended as follows:
  • All withdrawals should be subject to the National Environmental Policy Act;
  • Governors of the affected states should be formally consulted; and
  • No more than 5,000 acres will be withdrawn by any single executive action.