In an effort to reach the 30×30 goal, the Biden Administration has released a final management plan for the Bears Ears National Monument in Utah that will close the area to many existing uses, including hunting, off-road vehicle use, grazing and other similar activities.
The Bears Ears National Monument was originally created by President Barack Obama on his way out of office as he placed 1.35 million acres under protective status. President Trump used his executive powers to reduce the monument from nearly a million acres to 201,000 acres, restoring coal mining and oil and gas drilling.
Then the pendulum swung back in 2021, when Biden used the Antiquities Act once again to double the size of the monument back to 1.35 million acres.
Today, there are two simultaneous controversies occurring over the Bears Ears National Monument.
The first is the Bureau of Land Management (BLM) and the U.S. Department of Agriculture’s Forest Service (USDA) full-speed ahead effort to approve a Proposed Resource Management Plan and Environmental Impact Statement for the Monument.
And second, a lawsuit by the State of Utah against the Biden administration over the expansion of two of the nation’s largest monuments – Bears Ears and Grand Staircase – Escalante in Southern Utah.
The case hinges on the size of the monuments and a statement made by Chief Justice Roberts in 2021, who suggested presidents may be abusing the power of the Antiquities Act by allowing them to go beyond their legal authority with no meaningful restraint.
The plaintiffs in the case stated that “the Antiquities Act has two express limits: the president may declare as a national monument only ‘historic landmarks, historic and prehistoric structures [or] other objects of historic or scientific interest” that are “situated on public lands” and that the amount of land conserved must be confined to the smallest area compatible with the proper care of the objects to be protected.
It appears that the BLM and the USDA aren’t waiting for the lawsuit to reach judicial conclusion. More than likely, the court won’t decide this anytime soon, which will give the federal government their opportunity to implement the regional management plan and drive out of business those who are currently authorized to use the area.
On October 4, 2024, the two agencies published their “Proposed Resource Management Plan/Final Environmental Impact Statement. Comments can be submitted within 30 days at the following link: https://eplanning.blm.gov/eplanning-ui/project/2020347/570 )
Members of the Western Caucus responded to the publication with great concern.
Western Caucus Chairman Dan Newhouse (WA-04) said “Public lands deserve public access, but this announcement is the latest example of the Biden administration disagreeing with that premise.” “Instead of listening…the DOI is hell-bent on locking up more land across the West.”
“This rule is an example of everything that’s wrong with the administrative state,” said Vice Chair Celeste Maloy (UT-02). “Congress’s directive to the BLM is to manage land for multiple uses and sustained yield. This rule eliminates multiple use. Therefore, this rule is in contradiction to the agency’s authority. It has to be stopped before it is implemented.”
If the preferred alternative is implemented, the RMP will:
– Prohibit recreational shooting access throughout the monument’s 1.35 million acres
– Close nearly 600,000 acres to off-highway vehicle (OHV) access
– Manage approximately 205,000 acres with wilderness characteristics
– Close nearly 175,000 acres to livestock grazing
The Bears Ears National Monument is part of the Biden administration’s 30×30 Land Grab and has been embroiled in controversy for years. Hopefully, the abusive powers of this corrupt administration will be reined in by the Supreme Court led by Chief Justice Roberts.
