ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HCM2012: antiquities act; exception

Sponsor: Representative Griffin, LD 19

Committee on Federalism, Military Affairs & Elections

Overview

Cites the misuse of the Antiquities Act of 1906 and requests an exemption from certain provisions the act.

History

The Antiquities Act of 1906 (Act) allows the President of the United States to declare historic landmarks, structures and other objects of historic or scientific interest situated upon lands owned or controlled by the United States to be national monuments.  The Act allows the government to relinquish property held in private ownership for the necessary and proper care and management of designated objects (16 U.S.C. § 431).

Provisions

1.   States the Act has been misused by presidents to designate enormous parcels of real property. (Sec. 1)

2.   Cites the intense opposition to President Franklin D. Roosevelt's use of the Act in Wyoming to create Jackson Hole National Monument as an example of misuse. (Sec. 1)

3.   Recognizes the exemption granted to Wyoming in an amendment of the Act, preventing additional creations of national parks and monuments in Wyoming unless authorized by the U.S. Congress. (Sec. 1)

4.   Notes that only 18% of land in Arizona is available for private ownership and designating new national monuments like the proposed Great Bend of the Gila diminishes land available for Arizonans. (Sec. 1)

5.   Proclaims monument designations have become egregious and negatively impact the state's ability to promote public recreation and maintain water resources, manage wildlife, restore habitats and perform wildlife translocations. (Sec. 1)

6.   States closures and restrictions of public land significantly affect Arizona's economic well-being and ability to maximize economic production. (Sec. 1)

7.   Declares the biggest threat to Arizona is the intrusion and overreach of the federal government onto Arizona's lands. (Sec. 1)

8.   Requests that Congress immediately exempt Arizona from the Act, similarly to how Wyoming is exempt. (Sec. 1)

9.   Requires the Secretary of State to transmit the Memorial to the President of the U.S. and Members of Congress from Arizona. (Sec. 1)

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13.                    HCM 2012

14.  Initials JH/MB    Page 0 Federalism, Military Affairs & Elections

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