House Engrossed

 

urging Congress; Antiquities Act; repeal

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

HOUSE CONCURRENT MEMORIAL 2008

 

 

 

 

A Concurrent Memorial

 

urging the United States Congress and president to repeal or amend the antiquities act of 1906.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


To the President and Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, the Antiquities Act of 1906 (Antiquities Act) directs the President of the United States to limit the designation of national monuments to the smallest area compatible with the proper care and management of the objects to be protected; and

Whereas, the Antiquities Act is inconsistent with the principles of a government by and for the people; and

Whereas, the Antiquities Act was intended to preserve only historic landmarks, historic and prehistoric structures and other objects of historic or scientific interest; and

Whereas, the Antiquities Act has been misused repeatedly to set aside enormous parcels of real property; and

Whereas, 46% of all land in the coterminous Western States is already under federal management, and the majority of Arizona's lands are restricted from public access and recreation; and

Whereas, the establishment in 1996 of the Grand Staircase-Escalante National Monument in southern Utah set aside 1.7 million acres of land despite the objections of public officials in the State of Utah, making it the largest national monument in the continental United States; and

Whereas, in 2017, Grand Staircase-Escalante National Monument and Bears Ears were reduced by 50% and 85%, respectively; and

 Whereas, the 2021 overreaching restoration of the Grand Staircase-Escalante National Monument and Bears Ears will result in the loss of significant economic resources for the public schools and the taxpayers of the State of Utah; and     

Whereas, this designation clearly violates the spirit and letter of the Antiquities Act, which requires monument lands to "be confined to the smallest area" necessary to preserve and protect historical areas or objects; and

Whereas, the greatest threat to the lands of Arizona is the intrusion and overreach of the federal government, including the economically harmful 30x30 initiative, which will only further prevent Arizona from deciding what is best for its citizens; and

Whereas, land is a significant asset for states, and the President and the United States Congress should repeal the Antiquities Act or at the very least amend it to require congressional approval of, as well as state and local approval and consent of, any future monument of federal designation.

Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:

1. That the United States Congress act by repealing the Antiquities Act of 1906 or amending it to reaffirm that entire landscapes, animate life, such as birds and mammals, and common plants and vegetation not be considered landmarks, structures or objects under federal law.

2. That any proclamation made by the President of the United States be stated publicly and shall specifically name and describe the location of each landmark, structure and object to be protected.

3. That the limitation on extending or establishing a national monument, which requires the express authorization of Congress and is currently offered only to the State of Wyoming, be offered to all Western States.

4. That no new national monument or federal reservation or expansion of an existing national monument or federal reservation be established in Arizona, unless with:

(a) The express authorization of the Arizona State Legislature while in session.

(b) The express authorization of the members of the county board of supervisors in all the counties that would be impacted by the monument or reservation. 

5. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.


 

 

 

PASSED BY THE HOUSE FEBRUARY 28, 2024.

PASSED BY THE SENATE APRIL 1, 2024.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 2024.