82 FR 20429 - Review of Designations Under the Antiquities Act

Executive Office of the President

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range		20429-20431
FR Document		2017-08908

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)

[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Presidential Documents]
[Pages 20429-20431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08908]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 82 / Monday, May 1, 2017 / 
Presidential Documents

[[Page 20429]]


                Executive Order 13792 of April 26, 2017

                
Review of Designations Under the Antiquities Act

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in recognition of the importance of the 
                Nation's wealth of natural resources to American 
                workers and the American economy, it is hereby ordered 
                as follows:

                Section 1. Policy. Designations of national monuments 
                under the Antiquities Act of 1906, recently recodified 
                at sections 320301 to 320303 of title 54, United States 
                Code (the ``Antiquities Act'' or ``Act''), have a 
                substantial impact on the management of Federal lands 
                and the use and enjoyment of neighboring lands. Such 
                designations are a means of stewarding America's 
                natural resources, protecting America's natural beauty, 
                and preserving America's historic places. Monument 
                designations that result from a lack of public outreach 
                and proper coordination with State, tribal, and local 
                officials and other relevant stakeholders may also 
                create barriers to achieving energy independence, 
                restrict public access to and use of Federal lands, 
                burden State, tribal, and local governments, and 
                otherwise curtail economic growth. Designations should 
                be made in accordance with the requirements and 
                original objectives of the Act and appropriately 
                balance the protection of landmarks, structures, and 
                objects against the appropriate use of Federal lands 
                and the effects on surrounding lands and communities.

                Sec. 2. Review of National Monument Designations. (a) 
                The Secretary of the Interior (Secretary) shall conduct 
                a review of all Presidential designations or expansions 
                of designations under the Antiquities Act made since 
                January 1, 1996, where the designation covers more than 
                100,000 acres, where the designation after expansion 
                covers more than 100,000 acres, or where the Secretary 
                determines that the designation or expansion was made 
                without adequate public outreach and coordination with 
                relevant stakeholders, to determine whether each 
                designation or expansion conforms to the policy set 
                forth in section 1 of this order. In making those 
                determinations, the Secretary shall consider:

(i) the requirements and original objectives of the Act, including the 
Act's requirement that reservations of land not exceed ``the smallest area 
compatible with the proper care and management of the objects to be 
protected'';

(ii) whether designated lands are appropriately classified under the Act as 
``historic landmarks, historic and prehistoric structures, [or] other 
objects of historic or scientific interest'';

(iii) the effects of a designation on the available uses of designated 
Federal lands, including consideration of the multiple-use policy of 
section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C. 
1701(a)(7)), as well as the effects on the available uses of Federal lands 
beyond the monument boundaries;

(iv) the effects of a designation on the use and enjoyment of non-Federal 
lands within or beyond monument boundaries;

(v) concerns of State, tribal, and local governments affected by a 
designation, including the economic development and fiscal condition of 
affected States, tribes, and localities;

(vi) the availability of Federal resources to properly manage designated 
areas; and

[[Page 20430]]

(vii) such other factors as the Secretary deems appropriate.

                    (b) In conducting the review described in 
                subsection (a) of this section, the Secretary shall 
                consult and coordinate with, as appropriate, the 
                Secretary of Defense, the Secretary of Agriculture, the 
                Secretary of Commerce, the Secretary of Energy, the 
                Secretary of Homeland Security, and the heads of any 
                other executive departments or agencies concerned with 
                areas designated under the Act.
                    (c) In conducting the review described in 
                subsection (a) of this section, the Secretary shall, as 
                appropriate, consult and coordinate with the Governors 
                of States affected by monument designations or other 
                relevant officials of affected State, tribal, and local 
                governments.
                    (d) Within 45 days of the date of this order, the 
                Secretary shall provide an interim report to the 
                President, through the Director of the Office of 
                Management and Budget, the Assistant to the President 
                for Economic Policy, the Assistant to the President for 
                Domestic Policy, and the Chairman of the Council on 
                Environmental Quality, summarizing the findings of the 
                review described in subsection (a) of this section with 
                respect to Proclamation 9558 of December 28, 2016 
                (Establishment of the Bears Ears National Monument), 
                and such other designations as the Secretary determines 
                to be appropriate for inclusion in the interim report. 
                For those designations, the interim report shall 
                include recommendations for such Presidential actions, 
                legislative proposals, or other actions consistent with 
                law as the Secretary may consider appropriate to carry 
                out the policy set forth in section 1 of this order.
                    (e) Within 120 days of the date of this order, the 
                Secretary shall provide a final report to the 
                President, through the Director of the Office of 
                Management and Budget, the Assistant to the President 
                for Economic Policy, the Assistant to the President for 
                Domestic Policy, and the Chairman of the Council on 
                Environmental Quality, summarizing the findings of the 
                review described in subsection (a) of this section. The 
                final report shall include recommendations for such 
                Presidential actions, legislative proposals, or other 
                actions consistent with law as the Secretary may 
                consider appropriate to carry out the policy set forth 
                in section 1 of this order.

                Sec. 3. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 20431]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 26, 2017.

[FR Doc. 2017-08908
 Filed 4-28-17; 11:15 am]
Billing code 3295-F7-P

$Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Presidential Documents 20429 Presidential Documents Executive Order 13792 of April 26, 2017 Review of Designations Under the Antiquities Act By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the importance of the Nation’s wealth of natural resources to American workers and the American economy, it is hereby ordered as follows: Section 1. Policy. Designations of national monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code (the ‘‘Antiquities Act’’ or ‘‘Act’’), have a substantial impact on the management of Federal lands and the use and enjoyment of neighboring lands. Such designations are a means of stewarding America’s natural resources, protecting America’s natural beauty, and preserving Amer- ica’s historic places. Monument designations that result from a lack of public outreach and proper coordination with State, tribal, and local officials and other relevant stakeholders may also create barriers to achieving energy independence, restrict public access to and use of Federal lands, burden State, tribal, and local governments, and otherwise curtail economic growth. Designations should be made in accordance with the requirements and origi- nal objectives of the Act and appropriately balance the protection of land- marks, structures, and objects against the appropriate use of Federal lands and the effects on surrounding lands and communities. Sec. 2. Review of National Monument Designations. (a) The Secretary of the Interior (Secretary) shall conduct a review of all Presidential designations or expansions of designations under the Antiquities Act made since January 1, 1996, where the designation covers more than 100,000 acres, where the designation after expansion covers more than 100,000 acres, or where the Secretary determines that the designation or expansion was made without adequate public outreach and coordination with relevant stakeholders, to determine whether each designation or expansion conforms to the policy set forth in section 1 of this order. In making those determinations, the Secretary shall consider: (i) the requirements and original objectives of the Act, including the Act’s requirement that reservations of land not exceed ‘‘the smallest area compatible with the proper care and management of the objects to be protected’’; (ii) whether designated lands are appropriately classified under the Act as ‘‘historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific interest’’; (iii) the effects of a designation on the available uses of designated Federal lands, including consideration of the multiple-use policy of section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C. 1701(a)(7)), as well as the effects on the available uses of Federal lands beyond the monument boundaries; (iv) the effects of a designation on the use and enjoyment of non-Federal lands within or beyond monument boundaries; mstockstill on DSK30JT082PROD with E1 (v) concerns of State, tribal, and local governments affected by a designa- tion, including the economic development and fiscal condition of affected States, tribes, and localities; (vi) the availability of Federal resources to properly manage designated areas; and VerDate Sep<11>2014 20:47 Apr 28, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01MYE1.SGM 01MYE1$

$20430 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Presidential Documents (vii) such other factors as the Secretary deems appropriate. (b) In conducting the review described in subsection (a) of this section, the Secretary shall consult and coordinate with, as appropriate, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the heads of any other executive departments or agencies concerned with areas des- ignated under the Act. (c) In conducting the review described in subsection (a) of this section, the Secretary shall, as appropriate, consult and coordinate with the Governors of States affected by monument designations or other relevant officials of affected State, tribal, and local governments. (d) Within 45 days of the date of this order, the Secretary shall provide an interim report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section with respect to Proclamation 9558 of December 28, 2016 (Establishment of the Bears Ears National Monu- ment), and such other designations as the Secretary determines to be appro- priate for inclusion in the interim report. For those designations, the interim report shall include recommendations for such Presidential actions, legisla- tive proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order. (e) Within 120 days of the date of this order, the Secretary shall provide a final report to the President, through the Director of the Office of Manage- ment and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section. The final report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. mstockstill on DSK30JT082PROD with E1 VerDate Sep<11>2014 20:47 Apr 28, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01MYE1.SGM 01MYE1$

Document Created: 2017-04-29 03:16:31
Document Modified: 2017-04-29 03:16:31

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 20429