Executive Order No. 13792. Review of Designations Under the Antiquities Act

• Citation: 82 FR 20429
• Executive Order No.: 13792
• Published date: 01 May 2017
• Date: 26 April 2017
• Section: Presidential Documents
• Issuer: Executive Office of the President

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; 
(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 
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(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. 
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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Presidential Documents 
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(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. 
THE WHITE HOUSE, 
April 26, 2017. 
[FR Doc. 2017–08908 
Filed 4–28–17; 11:15 am] 
Billing code 3295–F7–P 
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