The Antiquities Act 101: Understanding the Process To Protect Public Lands and Waters Permanently

By Max Trujillo, HECHO New Mexico Senior Field Coordinator.  

On June 8, 1906, President Theodore Roosevelt signed the Antiquities Act into law, which gives the president of the United States the power to permanently protect federal public lands and waters with cultural, historical, and ecological significance by designating them National Monuments.  

Since it was signed into law, the Antiquities Act has transcended political boundaries, with an equal number of Republican (nine) and Democratic (nine) presidents using this public land protection tool. 

Contrary to what some people believe, the president doesn't use the power to designate a National Monument unilaterally. It is the public—not the president—who initiates this process after identifying areas with unique characteristics and values.    

I have been involved in several National Monument designation campaigns, including the Chimney Rock National Monument in Colorado, the Rio Grande del Norte in northern New Mexico, Organ Mountains-Desert Peaks National Monument in southern New Mexico, Avi Kwa Ame in Nevada, Castner Range in Texas, and the Baaj Nwaavjo I'tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument.  

With my many years of first-hand experience working in these campaigns, I can assure that this is a fairly democratic process—from the beginning to the end and even afterward—in which diverse people's voices are heard and considered. 

The Antiquities Act is not used arbitrarily. A president will only designate a National Monument under this act when there is significant community buy-in. When the president's administration sees enough support from the communities surrounding the land being proposed for permanent protection, the president will use this power.  

People who oppose National Monument designations usually use the tagline "this is a land grab" or "they're taking away our rights, our public lands rights, and private lands." 

Nothing could be further from the truth.  

First, National Monuments are designated on public lands, whether on the Bureau of Land Management's lands, U.S. Forest Service’s lands, or other places that may already have some protection. These National Monuments don't impose any protection on private lands, even if there are private holdings within a National Monument boundary. Those lands remain private even after a designation.  

The other misconception about the National Monument designation is that the access or their rights to use the land —for grazing, hunting, camping, hunting, fishing, wood gathering, herb gathering, birdwatching, and other practices—will be prohibited or limited.  

Again, that is not true.  

All these uses can be written into the origination document of a National Monument to ensure that these activities can continue after the designation.  

During the creation of a National Monument's Resource Management Plan (RMP), public meetings are held, and different stakeholders can give input about how they want these lands to be used and managed. Everyone—including supporters and detractors—can be part of the process, and their voices will be heard. A National Monument's final RMP is born from these conversations. 

It is important to remind people that public lands belong to every American, even if they are hundreds of miles away from it or live in another state. Regardless of where you live, who you are, or the color of your skin, every American has equal rights and ownership of all these public lands. It's a tragic mentality for people from a particular state to think that the public lands in their state only belong to them. 

I'm from New Mexico, the "Land of Enchantment," where we are fortunate to have unique places like Organ Mountains-Desert Peaks National Monument, El Malpais National Monument, the Rio Grande del Norte National Monument, and so many amazing landscapes. It would be unfair and a waste if only New Mexicans could use these places and experience their beauty, culture, history, and significance. 

I am happy to share the public lands in New Mexico with anyone who wants to visit this spectacular place I live in. I want everyone to come and experience the Rio Grande del Norte, raft down to the Rio Grande Gorge, and see what I have because their lives would be enriched as mine was.  

There are many benefits to a National Monument designation, including boosting and diversifying the local economies, securing and expanding recreation opportunities, and precious and irreplaceable cultural and natural resources.  

It is frustrating and concerning to witness the attempts, including in the Arizona State Legislature, to repeal the Antiquities Act and not allow the sitting president of the United States to protect public lands permanently. This would be a big mistake because the Antiquities Act allows a president to follow the people's will to create National Monuments.  

As in previous years, the 2024 Conservation in the West Poll results affirm that Westerners love their public lands, with 85% supporting the creation of new parks, monuments, and Tribal protected areas.  

Those who oppose the Antiquities Act of 1906 and National Monuments don't quite understand the goodness that comes with this designation. These places will outlive all of us. We must protect them so our grandchildren and great-grandchildren can enjoy and experience these extraordinary landscapes our country is blessed to have.