82 FR 1139 - Establishment of the Bears Ears National Monument

Executive Office of the President

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range		1139-1147
FR Document		2017-00038

Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)

[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Presidential Documents]
[Pages 1139-1147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00038]




                        Presidential Documents 



Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 1139]]

                Proclamation 9558 of December 28, 2016

                
Establishment of the Bears Ears National Monument

                By the President of the United States of America

                A Proclamation

                Rising from the center of the southeastern Utah 
                landscape and visible from every direction are twin 
                buttes so distinctive that in each of the native 
                languages of the region their name is the same: 
                Hoon'Naqvut, Shash J[aacute]a, Kwiyagatu Nukavachi, 
                Ansh An Lashokdiwe, or ``Bears Ears.'' For hundreds of 
                generations, native peoples lived in the surrounding 
                deep sandstone canyons, desert mesas, and meadow 
                mountaintops, which constitute one of the densest and 
                most significant cultural landscapes in the United 
                States. Abundant rock art, ancient cliff dwellings, 
                ceremonial sites, and countless other artifacts provide 
                an extraordinary archaeological and cultural record 
                that is important to us all, but most notably the land 
                is profoundly sacred to many Native American tribes, 
                including the Ute Mountain Ute Tribe, Navajo Nation, 
                Ute Indian Tribe of the Uintah Ouray, Hopi Nation, and 
                Zuni Tribe.

                The area's human history is as vibrant and diverse as 
                the ruggedly beautiful landscape. From the earliest 
                occupation, native peoples left traces of their 
                presence. Clovis people hunted among the cliffs and 
                canyons of Cedar Mesa as early as 13,000 years ago, 
                leaving behind tools and projectile points in places 
                like the Lime Ridge Clovis Site, one of the oldest 
                known archaeological sites in Utah. Archaeologists 
                believe that these early people hunted mammoths, ground 
                sloths, and other now-extinct megafauna, a narrative 
                echoed by native creation stories. Hunters and 
                gatherers continued to live in this region in the 
                Archaic Period, with sites dating as far back as 8,500 
                years ago.

                Ancestral Puebloans followed, beginning to occupy the 
                area at least 2,500 years ago, leaving behind items 
                from their daily life such as baskets, pottery, and 
                weapons. These early farmers of Basketmaker II and III 
                and builders of Pueblo I, II, and III left their marks 
                on the land. The remains of single family dwellings, 
                granaries, kivas, towers, and large villages and roads 
                linking them together reveal a complex cultural 
                history. ``Moki steps,'' hand and toe holds carved into 
                steep canyon walls by the Ancestral Puebloans, 
                illustrate the early people's ingenuity and 
                perseverance and are still used today to access 
                dwellings along cliff walls. Other, distinct cultures 
                have thrived here as well--the Fremont People, Numic- 
                and Athabaskan-speaking hunter-gatherers, and Utes and 
                Navajos. Resources such as the Doll House Ruin in Dark 
                Canyon Wilderness Area and the Moon House Ruin on Cedar 
                Mesa allow visitors to marvel at artistry and 
                architecture that have withstood thousands of seasons 
                in this harsh climate.

                The landscape is a milieu of the accessible and 
                observable together with the inaccessible and hidden. 
                The area's petroglyphs and pictographs capture the 
                imagination with images dating back at least 5,000 
                years and spanning a range of styles and traditions. 
                From life-size ghostlike figures that defy 
                categorization, to the more literal depictions of 
                bighorn sheep, birds, and lizards, these drawings 
                enable us to feel the humanity of these ancient 
                artists. The Indian Creek area contains spectacular 
                rock art, including hundreds of petroglyphs at 
                Newspaper Rock. Visitors to Bears Ears can also 
                discover more recent rock art left by the Ute, Navajo, 
                and Paiute peoples.

[[Page 1140]]

                It is also the less visible sites, however--those that 
                supported the food gathering, subsistence and ceremony 
                of daily life--that tell the story of the people who 
                lived here. Historic remnants of Native American sheep-
                herding and farming are scattered throughout the area, 
                and pottery and Navajo hogans record the lifeways of 
                native peoples in the 19th and 20th centuries.

                For thousands of years, humans have occupied and 
                stewarded this land. With respect to most of these 
                people, their contribution to the historical record is 
                unknown, but some have played a more public role. Famed 
                Navajo headman K'aay[eacute]lii was born around 1800 
                near the twin Bears Ears buttes. His band used the 
                area's remote canyons to elude capture by the U.S. Army 
                and avoid the fate that befell many other Navajo bands: 
                surrender, the Long Walk, and forced relocation to 
                Bosque Redondo. Another renowned 19th century Navajo 
                leader, ``Hastiin Ch'ihaajin'' Manuelito, was also born 
                near the Bears Ears.

                The area's cultural importance to Native American 
                tribes continues to this day. As they have for 
                generations, these tribes and their members come here 
                for ceremonies and to visit sacred sites. Throughout 
                the region, many landscape features, such as Comb 
                Ridge, the San Juan River, and Cedar Mesa, are closely 
                tied to native stories of creation, danger, protection, 
                and healing. The towering spires in the Valley of the 
                Gods are sacred to the Navajo, representing ancient 
                Navajo warriors frozen in stone. Traditions of hunting, 
                fishing, gathering, and wood cutting are still 
                practiced by tribal members, as is collection of 
                medicinal and ceremonial plants, edible herbs, and 
                materials for crafting items like baskets and footwear. 
                The traditional ecological knowledge amassed by the 
                Native Americans whose ancestors inhabited this region, 
                passed down from generation to generation, offers 
                critical insight into the historic and scientific 
                significance of the area. Such knowledge is, itself, a 
                resource to be protected and used in understanding and 
                managing this landscape sustainably for generations to 
                come.

                Euro-Americans first explored the Bears Ears area 
                during the 18th century, and Mormon settlers followed 
                in the late 19th century. The San Juan Mission 
                expedition traversed this rugged country in 1880 on 
                their journey to establish a new settlement in what is 
                now Bluff, Utah. To ease the passage of wagons over the 
                slick rock slopes and through the canyonlands, the 
                settlers smoothed sections of the rock surface and 
                constructed dugways and other features still visible 
                along their route, known as the Hole-in-the-Rock Trail. 
                Cabins, corrals, trails, and carved inscriptions in the 
                rock reveal the lives of ranchers, prospectors, and 
                early archaeologists. Cattle rustlers and other outlaws 
                created a convoluted trail network known as the Outlaw 
                Trail, said to be used by Butch Cassidy and the 
                Sundance Kid. These outlaws took advantage of the 
                area's network of canyons, including the aptly-named 
                Hideout Canyon, to avoid detection.

                The area's stunning geology, from sharp pinnacles to 
                broad mesas, labyrinthine canyons to solitary hoodoos, 
                and verdant hanging gardens to bare stone arches and 
                natural bridges, provides vital insights to geologists. 
                In the east, the Abajo Mountains tower, reaching 
                elevations of more than 11,000 feet. A long geologic 
                history is documented in the colorful rock layers 
                visible in the area's canyons.

                For long periods over 300 million years ago, these 
                lands were inundated by tropical seas and hosted 
                thriving coral reefs. These seas infused the area's 
                black rock shale with salts as they receded. Later, the 
                lands were bucked upwards multiple times by the 
                Monument Upwarp, and near-volcanoes punched up through 
                the rock, leaving their marks on the landscape without 
                reaching the surface. In the sandstone of Cedar Mesa, 
                fossil evidence has revealed large, mammal-like 
                reptiles that burrowed into the sand to survive the 
                blistering heat of the end of the Permian Period, when 
                the region was dominated by a seaside desert. Later, in 
                the Late Triassic Period more than 200 million years 
                ago, seasonal monsoons flooded an ancient river system 
                that fed a vast desert here.

[[Page 1141]]

                The paleontological resources in the Bears Ears area 
                are among the richest and most significant in the 
                United States, and protection of this area will provide 
                important opportunities for further archaeological and 
                paleontological study. Many sites, such as Arch Canyon, 
                are teeming with fossils, and research conducted in the 
                Bears Ears area is revealing new insights into the 
                transition of vertebrate life from reptiles to mammals 
                and from sea to land. Numerous ray-finned fish fossils 
                from the Permian Period have been discovered, along 
                with other late Paleozoic Era fossils, including giant 
                amphibians, synapsid reptiles, and important plant 
                fossils. Fossilized traces of marine and aquatic 
                creatures such as clams, crayfish, fish, and aquatic 
                reptiles have been found in Indian Creek's Chinle 
                Formation, dating to the Triassic Period, and phytosaur 
                and dinosaur fossils from the same period have been 
                found along Comb Ridge. Paleontologists have identified 
                new species of plant-eating crocodile-like reptiles and 
                mass graves of lumbering sauropods, along with 
                metoposaurus, crocodiles, and other dinosaur fossils. 
                Fossilized trackways of early tetrapods can be seen in 
                the Valley of the Gods and in Indian Creek, where 
                paleontologists have also discovered exceptional 
                examples of fossilized ferns, horsetails, and cycads. 
                The Chinle Formation and the Wingate, Kayenta, and 
                Navajo Formations above it provide one of the best 
                continuous rock records of the Triassic-Jurassic 
                transition in the world, crucial to understanding how 
                dinosaurs dominated terrestrial ecosystems and how our 
                mammalian ancestors evolved. In Pleistocene Epoch 
                sediments, scientists have found traces of mammoths, 
                short-faced bears, ground sloths, primates, and camels.

                From earth to sky, the region is unsurpassed in 
                wonders. The star-filled nights and natural quiet of 
                the Bears Ears area transport visitors to an earlier 
                eon. Against an absolutely black night sky, our galaxy 
                and others more distant leap into view. As one of the 
                most intact and least roaded areas in the contiguous 
                United States, Bears Ears has that rare and arresting 
                quality of deafening silence.

                Communities have depended on the resources of the 
                region for hundreds of generations. Understanding the 
                important role of the green highlands in providing 
                habitat for subsistence plants and animals, as well as 
                capturing and filtering water from passing storms, the 
                Navajo refer to such places as ``Nahodishgish,'' or 
                places to be left alone. Local communities seeking to 
                protect the mountains for their watershed values have 
                long recognized the importance of the Bears Ears' 
                headwaters. Wildfires, both natural and human-set, have 
                shaped and maintained forests and grasslands of this 
                area for millennia. Ranchers have relied on the forests 
                and grasslands of the region for ages, and hunters come 
                from across the globe for a chance at a bull elk or 
                other big game. Today, ecological restoration through 
                the careful use of wildfire and management of grazing 
                and timber is working to restore and maintain the 
                health of these vital watersheds and grasslands.

                The diversity of the soils and microenvironments in the 
                Bears Ears area provide habitat for a wide variety of 
                vegetation. The highest elevations, in the Elk Ridge 
                area of the Manti-La Sal National Forest, contain 
                pockets of ancient Engelmann spruce, ponderosa pine, 
                aspen, and subalpine fir. Mesa tops include pinyon-
                juniper woodlands along with big sagebrush, low sage, 
                blackbrush, rabbitbrush, bitterbrush, four-wing 
                saltbush, shadscale, winterfat, Utah serviceberry, 
                western chokecherry, hackberry, barberry, cliff rose, 
                and greasewood. Canyons contain diverse vegetation 
                ranging from yucca and cacti such as prickly pear, 
                claret cup, and Whipple's fishhook to mountain 
                mahogany, ponderosa pine, alder, sagebrush, birch, 
                dogwood, and Gambel's oak, along with occasional stands 
                of aspen. Grasses and herbaceous species such as 
                bluegrass, bluestem, giant ryegrass, ricegrass, needle 
                and thread, yarrow, common mallow, balsamroot, low 
                larkspur, horsetail, and peppergrass also grow here, as 
                well as pinnate spring parsley, Navajo penstemon, 
                Canyonlands lomatium, and the Abajo daisy.

                Tucked into winding canyons are vibrant riparian 
                communities characterized by Fremont cottonwood, 
                western sandbar willow, yellow willow, and box

[[Page 1142]]

                elder. Numerous seeps provide year-round water and 
                support delicate hanging gardens, moisture-loving 
                plants, and relict species such as Douglas fir. A few 
                populations of the rare Kachina daisy, endemic to the 
                Colorado Plateau, hide in shaded seeps and alcoves of 
                the area's canyons. A genetically distinct population 
                of Kachina daisy was also found on Elk Ridge. The 
                alcove columbine and cave primrose, also regionally 
                endemic, grow in seeps and hanging gardens in the Bears 
                Ears landscape. Wildflowers such as beardtongue, 
                evening primrose, aster, Indian paintbrush, yellow and 
                purple beeflower, straight bladderpod, Durango tumble 
                mustard, scarlet gilia, globe mallow, sand verbena, 
                sego lily, cliffrose, sacred datura, monkey flower, 
                sunflower, prince's plume, hedgehog cactus, and 
                columbine, bring bursts of color to the landscape.

                The diverse vegetation and topography of the Bears Ears 
                area, in turn, support a variety of wildlife species. 
                Mule deer and elk range on the mesas and near canyon 
                heads, which provide crucial habitat for both species. 
                The Cedar Mesa landscape is home to bighorn sheep which 
                were once abundant but still live in Indian Creek, and 
                in the canyons north of the San Juan River. Small 
                mammals such as desert cottontail, black-tailed 
                jackrabbit, prairie dog, Botta's pocket gopher, white-
                tailed antelope squirrel, Colorado chipmunk, canyon 
                mouse, deer mouse, pinyon mouse, and desert woodrat, as 
                well as Utah's only population of Abert's tassel-eared 
                squirrels, find shelter and sustenance in the 
                landscape's canyons and uplands. Rare shrews, including 
                a variant of Merriam's shrew and the dwarf shrew can be 
                found in this area.

                Carnivores, including badger, coyote, striped skunk, 
                ringtail, gray fox, bobcat, and the occasional mountain 
                lion, all hunt here, while porcupines use their sharp 
                quills and climbing abilities to escape these 
                predators. Oral histories from the Ute describe the 
                historic presence of bison, antelope, and abundant 
                bighorn sheep, which are also depicted in ancient rock 
                art. Black bear pass through the area but are rarely 
                seen, though they are common in the oral histories and 
                legends of this region, including those of the Navajo.

                Consistent sources of water in a dry landscape draw 
                diverse wildlife species to the area's riparian 
                habitats, including an array of amphibian species such 
                as tiger salamander, red-spotted toad, Woodhouse's 
                toad, canyon tree frog, Great Basin spadefoot, and 
                northern leopard frog. Even the most sharp-eyed 
                visitors probably will not catch a glimpse of the 
                secretive Utah night lizard. Other reptiles in the area 
                include the sagebrush lizard, eastern fence lizard, 
                tree lizard, side-blotched lizard, plateau striped 
                whiptail, western rattlesnake, night snake, striped 
                whipsnake, and gopher snake.

                Raptors such as the golden eagle, peregrine falcon, 
                bald eagle, northern harrier, northern goshawk, red-
                tailed hawk, ferruginous hawk, American kestrel, 
                flammulated owl, and great horned owl hunt their prey 
                on the mesa tops with deadly speed and accuracy. The 
                largest contiguous critical habitat for the threatened 
                Mexican spotted owl is on the Manti-La Sal National 
                Forest. Other bird species found in the area include 
                Merriam's turkey, Williamson's sapsucker, common 
                nighthawk, white-throated swift, ash-throated 
                flycatcher, violet-green swallow, cliff swallow, 
                mourning dove, pinyon jay, sagebrush sparrow, canyon 
                towhee, rock wren, sage thrasher, and the endangered 
                southwestern willow flycatcher.

                As the skies darken in the evenings, visitors may catch 
                a glimpse of some the area's at least 15 species of 
                bats, including the big free-tailed bat, pallid bat, 
                Townsend's big-eared bat, spotted bat, and silver-
                haired bat. Tinajas, rock depressions filled with 
                rainwater, provide habitat for many specialized aquatic 
                species, including pothole beetles and freshwater 
                shrimp. Eucosma navajoensis, an endemic moth that has 
                only been described near Valley of the Gods, is unique 
                to this area.

                Protection of the Bears Ears area will preserve its 
                cultural, prehistoric, and historic legacy and maintain 
                its diverse array of natural and scientific resources, 
                ensuring that the prehistoric, historic, and scientific 
                values of this

[[Page 1143]]

                area remain for the benefit of all Americans. The Bears 
                Ears area has been proposed for protection by members 
                of Congress, Secretaries of the Interior, State and 
                tribal leaders, and local conservationists for at least 
                80 years. The area contains numerous objects of 
                historic and of scientific interest, and it provides 
                world class outdoor recreation opportunities, including 
                rock climbing, hunting, hiking, backpacking, 
                canyoneering, whitewater rafting, mountain biking, and 
                horseback riding. Because visitors travel from near and 
                far, these lands support a growing travel and tourism 
                sector that is a source of economic opportunity for the 
                region.

                WHEREAS, section 320301 of title 54, United States Code 
                (known as the ``Antiquities Act''), authorizes the 
                President, in his discretion, to declare by public 
                proclamation historic landmarks, historic and 
                prehistoric structures, and other objects of historic 
                or scientific interest that are situated upon the lands 
                owned or controlled by the Federal Government to be 
                national monuments, and to reserve as a part thereof 
                parcels of land, the limits of which shall be confined 
                to the smallest area compatible with the proper care 
                and management of the objects to be protected;

                WHEREAS, it is in the public interest to preserve the 
                objects of scientific and historic interest on the 
                Bears Ears lands;

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by the authority vested in me 
                by section 320301 of title 54, United States Code, 
                hereby proclaim the objects identified above that are 
                situated upon lands and interests in lands owned or 
                controlled by the Federal Government to be the Bears 
                Ears National Monument (monument) and, for the purpose 
                of protecting those objects, reserve as part thereof 
                all lands and interests in lands owned or controlled by 
                the Federal Government within the boundaries described 
                on the accompanying map, which is attached to and forms 
                a part of this proclamation. These reserved Federal 
                lands and interests in lands encompass approximately 
                1.35 million acres. The boundaries described on the 
                accompanying map are confined to the smallest area 
                compatible with the proper care and management of the 
                objects to be protected.

                All Federal lands and interests in lands within the 
                boundaries of the monument are hereby appropriated and 
                withdrawn from all forms of entry, location, selection, 
                sale, or other disposition under the public land laws 
                or laws applicable to the U.S. Forest Service, from 
                location, entry, and patent under the mining laws, and 
                from disposition under all laws relating to mineral and 
                geothermal leasing, other than by exchange that 
                furthers the protective purposes of the monument.

                The establishment of the monument is subject to valid 
                existing rights, including valid existing water rights. 
                If the Federal Government acquires ownership or control 
                of any lands or interests in lands that it did not 
                previously own or control within the boundaries 
                described on the accompanying map, such lands and 
                interests in lands shall be reserved as a part of the 
                monument, and objects identified above that are 
                situated upon those lands and interests in lands shall 
                be part of the monument, upon acquisition of ownership 
                or control by the Federal Government.

                The Secretary of Agriculture and the Secretary of the 
                Interior (Secretaries) shall manage the monument 
                through the U.S. Forest Service (USFS) and the Bureau 
                of Land Management (BLM), pursuant to their respective 
                applicable legal authorities, to implement the purposes 
                of this proclamation. The USFS shall manage that 
                portion of the monument within the boundaries of the 
                National Forest System (NFS), and the BLM shall manage 
                the remainder of the monument. The lands administered 
                by the USFS shall be managed as part of the Manti-La 
                Sal National Forest. The lands administered by the BLM 
                shall be managed as a unit of the National Landscape 
                Conservation System, pursuant to applicable legal 
                authorities.

                For purposes of protecting and restoring the objects 
                identified above, the Secretaries shall jointly prepare 
                a management plan for the monument and

[[Page 1144]]

                shall promulgate such regulations for its management as 
                they deem appropriate. The Secretaries, through the 
                USFS and the BLM, shall consult with other Federal land 
                management agencies in the local area, including the 
                National Park Service, in developing the management 
                plan. In promulgating any management rules and 
                regulations governing the NFS lands within the monument 
                and developing the management plan, the Secretary of 
                Agriculture, through the USFS, shall consult with the 
                Secretary of the Interior through the BLM. The 
                Secretaries shall provide for maximum public 
                involvement in the development of that plan including, 
                but not limited to, consultation with federally 
                recognized tribes and State and local governments. In 
                the development and implementation of the management 
                plan, the Secretaries shall maximize opportunities, 
                pursuant to applicable legal authorities, for shared 
                resources, operational efficiency, and cooperation.

                The Secretaries, through the BLM and USFS, shall 
                establish an advisory committee under the Federal 
                Advisory Committee Act (5 U.S.C. App.) to provide 
                information and advice regarding the development of the 
                management plan and, as appropriate, management of the 
                monument. This advisory committee shall consist of a 
                fair and balanced representation of interested 
                stakeholders, including State and local governments, 
                tribes, recreational users, local business owners, and 
                private landowners.

                In recognition of the importance of tribal 
                participation to the care and management of the objects 
                identified above, and to ensure that management 
                decisions affecting the monument reflect tribal 
                expertise and traditional and historical knowledge, a 
                Bears Ears Commission (Commission) is hereby 
                established to provide guidance and recommendations on 
                the development and implementation of management plans 
                and on management of the monument. The Commission shall 
                consist of one elected officer each from the Hopi 
                Nation, Navajo Nation, Ute Mountain Ute Tribe, Ute 
                Indian Tribe of the Uintah Ouray, and Zuni Tribe, 
                designated by the officers' respective tribes. The 
                Commission may adopt such procedures as it deems 
                necessary to govern its activities, so that it may 
                effectively partner with the Federal agencies by making 
                continuing contributions to inform decisions regarding 
                the management of the monument.

                The Secretaries shall meaningfully engage the 
                Commission or, should the Commission no longer exist, 
                the tribal governments through some other entity 
                composed of elected tribal government officers 
                (comparable entity), in the development of the 
                management plan and to inform subsequent management of 
                the monument. To that end, in developing or revising 
                the management plan, the Secretaries shall carefully 
                and fully consider integrating the traditional and 
                historical knowledge and special expertise of the 
                Commission or comparable entity. If the Secretaries 
                decide not to incorporate specific recommendations 
                submitted to them in writing by the Commission or 
                comparable entity, they will provide the Commission or 
                comparable entity with a written explanation of their 
                reasoning. The management plan shall also set forth 
                parameters for continued meaningful engagement with the 
                Commission or comparable entity in implementation of 
                the management plan.

                To further the protective purposes of the monument, the 
                Secretary of the Interior shall explore entering into a 
                memorandum of understanding with the State that would 
                set forth terms, pursuant to applicable laws and 
                regulations, for an exchange of land currently owned by 
                the State of Utah and administered by the Utah School 
                and Institutional Trust Lands Administration within the 
                boundary of the monument for land of approximately 
                equal value managed by the BLM outside the boundary of 
                the monument. The Secretary of the Interior shall 
                report to the President by January 19, 2017, regarding 
                the potential for such an exchange.

                Nothing in this proclamation shall be construed to 
                interfere with the operation or maintenance, or the 
                replacement or modification within the current 
                authorization boundary, of existing utility, pipeline, 
                or telecommunications

[[Page 1145]]

                facilities located within the monument in a manner 
                consistent with the care and management of the objects 
                identified above.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the rights or jurisdiction of any Indian 
                tribe. The Secretaries shall, to the maximum extent 
                permitted by law and in consultation with Indian 
                tribes, ensure the protection of Indian sacred sites 
                and traditional cultural properties in the monument and 
                provide access by members of Indian tribes for 
                traditional cultural and customary uses, consistent 
                with the American Indian Religious Freedom Act (42 
                U.S.C. 1996) and Executive Order 13007 of May 24, 1996 
                (Indian Sacred Sites), including collection of 
                medicines, berries and other vegetation, forest 
                products, and firewood for personal noncommercial use 
                in a manner consistent with the care and management of 
                the objects identified above.

                For purposes of protecting and restoring the objects 
                identified above, the Secretaries shall prepare a 
                transportation plan that designates the roads and 
                trails where motorized and non-motorized mechanized 
                vehicle use will be allowed. Except for emergency or 
                authorized administrative purposes, motorized and non-
                motorized mechanized vehicle use shall be allowed only 
                on roads and trails designated for such use, consistent 
                with the care and management of such objects. Any 
                additional roads or trails designated for motorized 
                vehicle use must be for the purposes of public safety 
                or protection of such objects.

                Laws, regulations, and policies followed by USFS or BLM 
                in issuing and administering grazing permits or leases 
                on lands under their jurisdiction shall continue to 
                apply with regard to the lands in the monument to 
                ensure the ongoing consistency with the care and 
                management of the objects identified above.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the jurisdiction of the State of Utah, 
                including its jurisdiction and authority with respect 
                to fish and wildlife management.

                Nothing in this proclamation shall preclude low-level 
                overflights of military aircraft, the designation of 
                new units of special use airspace, or the use or 
                establishment of military flight training routes over 
                the lands reserved by this proclamation consistent with 
                the care and management of the objects identified 
                above.

                Nothing in this proclamation shall be construed to 
                alter the authority or responsibility of any party with 
                respect to emergency response activities within the 
                monument, including wildland fire response.

                Nothing in this proclamation shall be deemed to revoke 
                any existing withdrawal, reservation, or appropriation; 
                however, the monument shall be the dominant 
                reservation.

                Warning is hereby given to all unauthorized persons not 
                to appropriate, injure, destroy, or remove any feature 
                of the monument and not to locate or settle upon any of 
                the lands thereof.

[[Page 1146]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-eighth day of December, in the year of our Lord 
                two thousand sixteen, and of the Independence of the 
                United States of America the two hundred and forty-
                first.
                
                
                    (Presidential Sig.)

Billing code 3295-F7-P



[[Page 1147]]

[GRAPHIC] [TIFF OMITTED] TD05JA17.319


[FR Doc. 2017-00038
Filed 1-4-17; 8:45 am]
Billing code 4310-10-C

$1139 Federal Register Presidential Documents Vol. 82, No. 3 Thursday, January 5, 2017 Title 3— Proclamation 9558 of December 28, 2016 The President Establishment of the Bears Ears National Monument By the President of the United States of America A Proclamation Rising from the center of the southeastern Utah landscape and visible from every direction are twin buttes so distinctive that in each of the native languages of the region their name is the same: Hoon’Naqvut, Shash Jáa, Kwiyagatu Nukavachi, Ansh An Lashokdiwe, or ‘‘Bears Ears.’’ For hundreds of generations, native peoples lived in the surrounding deep sandstone can- yons, desert mesas, and meadow mountaintops, which constitute one of the densest and most significant cultural landscapes in the United States. Abundant rock art, ancient cliff dwellings, ceremonial sites, and countless other artifacts provide an extraordinary archaeological and cultural record that is important to us all, but most notably the land is profoundly sacred to many Native American tribes, including the Ute Mountain Ute Tribe, Navajo Nation, Ute Indian Tribe of the Uintah Ouray, Hopi Nation, and Zuni Tribe. The area’s human history is as vibrant and diverse as the ruggedly beautiful landscape. From the earliest occupation, native peoples left traces of their presence. Clovis people hunted among the cliffs and canyons of Cedar Mesa as early as 13,000 years ago, leaving behind tools and projectile points in places like the Lime Ridge Clovis Site, one of the oldest known archae- ological sites in Utah. Archaeologists believe that these early people hunted mammoths, ground sloths, and other now-extinct megafauna, a narrative echoed by native creation stories. Hunters and gatherers continued to live in this region in the Archaic Period, with sites dating as far back as 8,500 years ago. Ancestral Puebloans followed, beginning to occupy the area at least 2,500 years ago, leaving behind items from their daily life such as baskets, pottery, and weapons. These early farmers of Basketmaker II and III and builders of Pueblo I, II, and III left their marks on the land. The remains of single family dwellings, granaries, kivas, towers, and large villages and roads linking them together reveal a complex cultural history. ‘‘Moki steps,’’ hand and toe holds carved into steep canyon walls by the Ancestral Puebloans, illus- trate the early people’s ingenuity and perseverance and are still used today to access dwellings along cliff walls. Other, distinct cultures have thrived here as well—the Fremont People, Numic- and Athabaskan-speaking hunter- gatherers, and Utes and Navajos. Resources such as the Doll House Ruin in Dark Canyon Wilderness Area and the Moon House Ruin on Cedar Mesa allow visitors to marvel at artistry and architecture that have withstood thousands of seasons in this harsh climate. The landscape is a milieu of the accessible and observable together with pmangrum on DSK3GDR082PROD with PRES DOCS the inaccessible and hidden. The area’s petroglyphs and pictographs capture the imagination with images dating back at least 5,000 years and spanning a range of styles and traditions. From life-size ghostlike figures that defy categorization, to the more literal depictions of bighorn sheep, birds, and lizards, these drawings enable us to feel the humanity of these ancient artists. The Indian Creek area contains spectacular rock art, including hun- dreds of petroglyphs at Newspaper Rock. Visitors to Bears Ears can also discover more recent rock art left by the Ute, Navajo, and Paiute peoples. VerDate Sep<11>2014 14:58 Jan 04, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAD0.SGM 05JAD0$

1140 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Presidential Documents

It is also the less visible sites, however—those that supported the food
gathering, subsistence and ceremony of daily life—that tell the story of
the people who lived here. Historic remnants of Native American sheep-
herding and farming are scattered throughout the area, and pottery and
Navajo hogans record the lifeways of native peoples in the 19th and 20th
centuries.
For thousands of years, humans have occupied and stewarded this land.
With respect to most of these people, their contribution to the historical
record is unknown, but some have played a more public role. Famed Navajo
headman K’aayélii was born around 1800 near the twin Bears Ears buttes.
His band used the area’s remote canyons to elude capture by the U.S.
Army and avoid the fate that befell many other Navajo bands: surrender,
the Long Walk, and forced relocation to Bosque Redondo. Another renowned
19th century Navajo leader, ‘‘Hastiin Ch’ihaajin’’ Manuelito, was also born
near the Bears Ears.
The area’s cultural importance to Native American tribes continues to this
day. As they have for generations, these tribes and their members come
here for ceremonies and to visit sacred sites. Throughout the region, many
landscape features, such as Comb Ridge, the San Juan River, and Cedar
Mesa, are closely tied to native stories of creation, danger, protection, and
healing. The towering spires in the Valley of the Gods are sacred to the
Navajo, representing ancient Navajo warriors frozen in stone. Traditions
of hunting, fishing, gathering, and wood cutting are still practiced by tribal
members, as is collection of medicinal and ceremonial plants, edible herbs,
and materials for crafting items like baskets and footwear. The traditional
ecological knowledge amassed by the Native Americans whose ancestors
inhabited this region, passed down from generation to generation, offers
critical insight into the historic and scientific significance of the area. Such
knowledge is, itself, a resource to be protected and used in understanding
and managing this landscape sustainably for generations to come.
Euro-Americans first explored the Bears Ears area during the 18th century,
and Mormon settlers followed in the late 19th century. The San Juan Mission
expedition traversed this rugged country in 1880 on their journey to establish
a new settlement in what is now Bluff, Utah. To ease the passage of wagons
over the slick rock slopes and through the canyonlands, the settlers smoothed
sections of the rock surface and constructed dugways and other features
still visible along their route, known as the Hole-in-the-Rock Trail. Cabins,
corrals, trails, and carved inscriptions in the rock reveal the lives of ranchers,
prospectors, and early archaeologists. Cattle rustlers and other outlaws cre-
ated a convoluted trail network known as the Outlaw Trail, said to be
used by Butch Cassidy and the Sundance Kid. These outlaws took advantage
of the area’s network of canyons, including the aptly-named Hideout Canyon,
to avoid detection.
The area’s stunning geology, from sharp pinnacles to broad mesas, labyrin-
thine canyons to solitary hoodoos, and verdant hanging gardens to bare
stone arches and natural bridges, provides vital insights to geologists. In
the east, the Abajo Mountains tower, reaching elevations of more than 11,000
feet. A long geologic history is documented in the colorful rock layers
visible in the area’s canyons.
For long periods over 300 million years ago, these lands were inundated
by tropical seas and hosted thriving coral reefs. These seas infused the
area’s black rock shale with salts as they receded. Later, the lands were
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bucked upwards multiple times by the Monument Upwarp, and near-volca-
noes punched up through the rock, leaving their marks on the landscape
without reaching the surface. In the sandstone of Cedar Mesa, fossil evidence
has revealed large, mammal-like reptiles that burrowed into the sand to
survive the blistering heat of the end of the Permian Period, when the
region was dominated by a seaside desert. Later, in the Late Triassic Period
more than 200 million years ago, seasonal monsoons flooded an ancient
river system that fed a vast desert here.

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1142 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Presidential Documents

elder. Numerous seeps provide year-round water and support delicate hang-
ing gardens, moisture-loving plants, and relict species such as Douglas fir.
A few populations of the rare Kachina daisy, endemic to the Colorado
Plateau, hide in shaded seeps and alcoves of the area’s canyons. A genetically
distinct population of Kachina daisy was also found on Elk Ridge. The
alcove columbine and cave primrose, also regionally endemic, grow in seeps
and hanging gardens in the Bears Ears landscape. Wildflowers such as
beardtongue, evening primrose, aster, Indian paintbrush, yellow and purple
beeflower, straight bladderpod, Durango tumble mustard, scarlet gilia, globe
mallow, sand verbena, sego lily, cliffrose, sacred datura, monkey flower,
sunflower, prince’s plume, hedgehog cactus, and columbine, bring bursts
of color to the landscape.
The diverse vegetation and topography of the Bears Ears area, in turn,
support a variety of wildlife species. Mule deer and elk range on the mesas
and near canyon heads, which provide crucial habitat for both species.
The Cedar Mesa landscape is home to bighorn sheep which were once
abundant but still live in Indian Creek, and in the canyons north of the
San Juan River. Small mammals such as desert cottontail, black-tailed jack-
rabbit, prairie dog, Botta’s pocket gopher, white-tailed antelope squirrel,
Colorado chipmunk, canyon mouse, deer mouse, pinyon mouse, and desert
woodrat, as well as Utah’s only population of Abert’s tassel-eared squirrels,
find shelter and sustenance in the landscape’s canyons and uplands. Rare
shrews, including a variant of Merriam’s shrew and the dwarf shrew can
be found in this area.
Carnivores, including badger, coyote, striped skunk, ringtail, gray fox, bobcat,
and the occasional mountain lion, all hunt here, while porcupines use
their sharp quills and climbing abilities to escape these predators. Oral
histories from the Ute describe the historic presence of bison, antelope,
and abundant bighorn sheep, which are also depicted in ancient rock art.
Black bear pass through the area but are rarely seen, though they are common
in the oral histories and legends of this region, including those of the
Navajo.
Consistent sources of water in a dry landscape draw diverse wildlife species
to the area’s riparian habitats, including an array of amphibian species
such as tiger salamander, red-spotted toad, Woodhouse’s toad, canyon tree
frog, Great Basin spadefoot, and northern leopard frog. Even the most sharp-
eyed visitors probably will not catch a glimpse of the secretive Utah night
lizard. Other reptiles in the area include the sagebrush lizard, eastern fence
lizard, tree lizard, side-blotched lizard, plateau striped whiptail, western
rattlesnake, night snake, striped whipsnake, and gopher snake.
Raptors such as the golden eagle, peregrine falcon, bald eagle, northern
harrier, northern goshawk, red-tailed hawk, ferruginous hawk, American
kestrel, flammulated owl, and great horned owl hunt their prey on the
mesa tops with deadly speed and accuracy. The largest contiguous critical
habitat for the threatened Mexican spotted owl is on the Manti-La Sal
National Forest. Other bird species found in the area include Merriam’s
turkey, Williamson’s sapsucker, common nighthawk, white-throated swift,
ash-throated flycatcher, violet-green swallow, cliff swallow, mourning dove,
pinyon jay, sagebrush sparrow, canyon towhee, rock wren, sage thrasher,
and the endangered southwestern willow flycatcher.
As the skies darken in the evenings, visitors may catch a glimpse of some
the area’s at least 15 species of bats, including the big free-tailed bat, pallid
bat, Townsend’s big-eared bat, spotted bat, and silver-haired bat. Tinajas,
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rock depressions filled with rainwater, provide habitat for many specialized
aquatic species, including pothole beetles and freshwater shrimp. Eucosma
navajoensis, an endemic moth that has only been described near Valley
of the Gods, is unique to this area.
Protection of the Bears Ears area will preserve its cultural, prehistoric, and
historic legacy and maintain its diverse array of natural and scientific re-
sources, ensuring that the prehistoric, historic, and scientific values of this

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Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Presidential Documents 1143

area remain for the benefit of all Americans. The Bears Ears area has been
proposed for protection by members of Congress, Secretaries of the Interior,
State and tribal leaders, and local conservationists for at least 80 years.
The area contains numerous objects of historic and of scientific interest,
and it provides world class outdoor recreation opportunities, including rock
climbing, hunting, hiking, backpacking, canyoneering, whitewater rafting,
mountain biking, and horseback riding. Because visitors travel from near
and far, these lands support a growing travel and tourism sector that is
a source of economic opportunity for the region.
WHEREAS, section 320301 of title 54, United States Code (known as the
‘‘Antiquities Act’’), authorizes the President, in his discretion, to declare
by public proclamation historic landmarks, historic and prehistoric struc-
tures, and other objects of historic or scientific interest that are situated
upon the lands owned or controlled by the Federal Government to be national
monuments, and to reserve as a part thereof parcels of land, the limits
of which shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected;
WHEREAS, it is in the public interest to preserve the objects of scientific
and historic interest on the Bears Ears lands;
NOW, THEREFORE, I, BARACK OBAMA, President of the United States
of America, by the authority vested in me by section 320301 of title 54,
United States Code, hereby proclaim the objects identified above that are
situated upon lands and interests in lands owned or controlled by the
Federal Government to be the Bears Ears National Monument (monument)
and, for the purpose of protecting those objects, reserve as part thereof
all lands and interests in lands owned or controlled by the Federal Govern-
ment within the boundaries described on the accompanying map, which
is attached to and forms a part of this proclamation. These reserved Federal
lands and interests in lands encompass approximately 1.35 million acres.
The boundaries described on the accompanying map are confined to the
smallest area compatible with the proper care and management of the objects
to be protected.
All Federal lands and interests in lands within the boundaries of the monu-
ment are hereby appropriated and withdrawn from all forms of entry, loca-
tion, selection, sale, or other disposition under the public land laws or
laws applicable to the U.S. Forest Service, from location, entry, and patent
under the mining laws, and from disposition under all laws relating to
mineral and geothermal leasing, other than by exchange that furthers the
protective purposes of the monument.
The establishment of the monument is subject to valid existing rights, includ-
ing valid existing water rights. If the Federal Government acquires ownership
or control of any lands or interests in lands that it did not previously
own or control within the boundaries described on the accompanying map,
such lands and interests in lands shall be reserved as a part of the monument,
and objects identified above that are situated upon those lands and interests
in lands shall be part of the monument, upon acquisition of ownership
or control by the Federal Government.
The Secretary of Agriculture and the Secretary of the Interior (Secretaries)
shall manage the monument through the U.S. Forest Service (USFS) and
the Bureau of Land Management (BLM), pursuant to their respective applica-
ble legal authorities, to implement the purposes of this proclamation. The
USFS shall manage that portion of the monument within the boundaries
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of the National Forest System (NFS), and the BLM shall manage the remainder
of the monument. The lands administered by the USFS shall be managed
as part of the Manti-La Sal National Forest. The lands administered by
the BLM shall be managed as a unit of the National Landscape Conservation
System, pursuant to applicable legal authorities.
For purposes of protecting and restoring the objects identified above, the
Secretaries shall jointly prepare a management plan for the monument and

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1144 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Presidential Documents

shall promulgate such regulations for its management as they deem appro-
priate. The Secretaries, through the USFS and the BLM, shall consult with
other Federal land management agencies in the local area, including the
National Park Service, in developing the management plan. In promulgating
any management rules and regulations governing the NFS lands within
the monument and developing the management plan, the Secretary of Agri-
culture, through the USFS, shall consult with the Secretary of the Interior
through the BLM. The Secretaries shall provide for maximum public involve-
ment in the development of that plan including, but not limited to, consulta-
tion with federally recognized tribes and State and local governments. In
the development and implementation of the management plan, the Secretaries
shall maximize opportunities, pursuant to applicable legal authorities, for
shared resources, operational efficiency, and cooperation.
The Secretaries, through the BLM and USFS, shall establish an advisory
committee under the Federal Advisory Committee Act (5 U.S.C. App.) to
provide information and advice regarding the development of the manage-
ment plan and, as appropriate, management of the monument. This advisory
committee shall consist of a fair and balanced representation of interested
stakeholders, including State and local governments, tribes, recreational
users, local business owners, and private landowners.
In recognition of the importance of tribal participation to the care and
management of the objects identified above, and to ensure that management
decisions affecting the monument reflect tribal expertise and traditional
and historical knowledge, a Bears Ears Commission (Commission) is hereby
established to provide guidance and recommendations on the development
and implementation of management plans and on management of the monu-
ment. The Commission shall consist of one elected officer each from the
Hopi Nation, Navajo Nation, Ute Mountain Ute Tribe, Ute Indian Tribe
of the Uintah Ouray, and Zuni Tribe, designated by the officers’ respective
tribes. The Commission may adopt such procedures as it deems necessary
to govern its activities, so that it may effectively partner with the Federal
agencies by making continuing contributions to inform decisions regarding
the management of the monument.
The Secretaries shall meaningfully engage the Commission or, should the
Commission no longer exist, the tribal governments through some other
entity composed of elected tribal government officers (comparable entity),
in the development of the management plan and to inform subsequent
management of the monument. To that end, in developing or revising the
management plan, the Secretaries shall carefully and fully consider inte-
grating the traditional and historical knowledge and special expertise of
the Commission or comparable entity. If the Secretaries decide not to incor-
porate specific recommendations submitted to them in writing by the Com-
mission or comparable entity, they will provide the Commission or com-
parable entity with a written explanation of their reasoning. The management
plan shall also set forth parameters for continued meaningful engagement
with the Commission or comparable entity in implementation of the manage-
ment plan.
To further the protective purposes of the monument, the Secretary of the
Interior shall explore entering into a memorandum of understanding with
the State that would set forth terms, pursuant to applicable laws and regula-
tions, for an exchange of land currently owned by the State of Utah and
administered by the Utah School and Institutional Trust Lands Administra-
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tion within the boundary of the monument for land of approximately equal
value managed by the BLM outside the boundary of the monument. The
Secretary of the Interior shall report to the President by January 19, 2017,
regarding the potential for such an exchange.
Nothing in this proclamation shall be construed to interfere with the oper-
ation or maintenance, or the replacement or modification within the current
authorization boundary, of existing utility, pipeline, or telecommunications

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$Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Presidential Documents 1145 facilities located within the monument in a manner consistent with the care and management of the objects identified above. Nothing in this proclamation shall be deemed to enlarge or diminish the rights or jurisdiction of any Indian tribe. The Secretaries shall, to the max- imum extent permitted by law and in consultation with Indian tribes, ensure the protection of Indian sacred sites and traditional cultural properties in the monument and provide access by members of Indian tribes for traditional cultural and customary uses, consistent with the American Indian Religious Freedom Act (42 U.S.C. 1996) and Executive Order 13007 of May 24, 1996 (Indian Sacred Sites), including collection of medicines, berries and other vegetation, forest products, and firewood for personal noncommercial use in a manner consistent with the care and management of the objects identified above. For purposes of protecting and restoring the objects identified above, the Secretaries shall prepare a transportation plan that designates the roads and trails where motorized and non-motorized mechanized vehicle use will be allowed. Except for emergency or authorized administrative purposes, motorized and non-motorized mechanized vehicle use shall be allowed only on roads and trails designated for such use, consistent with the care and management of such objects. Any additional roads or trails designated for motorized vehicle use must be for the purposes of public safety or protection of such objects. Laws, regulations, and policies followed by USFS or BLM in issuing and administering grazing permits or leases on lands under their jurisdiction shall continue to apply with regard to the lands in the monument to ensure the ongoing consistency with the care and management of the objects identi- fied above. Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction of the State of Utah, including its jurisdiction and authority with respect to fish and wildlife management. Nothing in this proclamation shall preclude low-level overflights of military aircraft, the designation of new units of special use airspace, or the use or establishment of military flight training routes over the lands reserved by this proclamation consistent with the care and management of the objects identified above. Nothing in this proclamation shall be construed to alter the authority or responsibility of any party with respect to emergency response activities within the monument, including wildland fire response. Nothing in this proclamation shall be deemed to revoke any existing with- drawal, reservation, or appropriation; however, the monument shall be the dominant reservation. Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of the monument and not to locate or settle upon any of the lands thereof. pmangrum on DSK3GDR082PROD with PRES DOCS VerDate Sep<11>2014 14:58 Jan 04, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAD0.SGM 05JAD0$

Document Created: 2018-02-01 14:51:04
Document Modified: 2018-02-01 14:51:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		82 FR 1139