The Status of Bears Ears and Grand Staircase-Escalante Monuments
In 2017, President Donald Trump issued executive orders to significantly reduce the size of the Bears Ears and Grand Staircase-Escalante national monuments in Utah. The move sparked years of litigation and policy shifts, ultimately leading to the restoration of the original boundaries by the Biden administration in 2021. Today, both areas are fully protected under their original designations, though the legal debate over presidential authority under the Antiquities Act remains a subject of intense focus.
Reduction and Restoration: A Timeline of Federal Action
The controversy began on December 4, 2017, when President Trump signed Proclamations 9681 and 9682. According to the Department of the Interior, these orders reduced the size of Bears Ears by approximately 85% and Grand Staircase-Escalante by nearly 50%. The administration argued the original designations, established by Presidents Barack Obama and Bill Clinton respectively, exceeded the “smallest area compatible with proper care and management” required by the 1906 Antiquities Act.
This policy was reversed on October 8, 2021, when President Joe Biden signed proclamations restoring the monuments to their original sizes. The White House stated that the restoration was necessary to protect culturally significant sites and ecologically sensitive landscapes. As of today, Bears Ears covers approximately 1.36 million acres, and Grand Staircase-Escalante encompasses roughly 1.87 million acres.
Legal Precedent and the Antiquities Act
The core of the dispute rests on the scope of the Antiquities Act. The Congressional Research Service notes that while the Act grants the President broad authority to create monuments, it is silent on whether a President has the power to abolish or shrink them. Because the courts have not issued a definitive ruling on this specific power, the issue remains a “gray area” in constitutional law.
Following the 2017 reductions, several tribal nations, environmental groups, and outdoor recreation companies filed lawsuits challenging the President’s authority to modify existing monuments. These cases were paused following the 2021 restoration. Legal experts frequently cite the potential for future administrations to attempt similar modifications, meaning the question of executive limitation is likely to resurface in future federal litigation.
Comparison of Monument Status
| Monument | Original Size (Approx.) | 2017 Reduction (Approx.) | Current Status |
|---|---|---|---|
| Bears Ears | 1.35 Million Acres | ~200,000 Acres | Restored (1.36M) |
| Grand Staircase-Escalante | 1.7 Million Acres | ~1 Million Acres | Restored (1.87M) |
Frequently Asked Questions
- Are the monuments currently open to the public? Yes, both monuments are open for hiking, camping, and other recreational activities, subject to management plans established by the Bureau of Land Management and the U.S. Forest Service.
- Can a future President shrink these monuments again? The legal authority to do so remains untested in the Supreme Court. While a future administration could issue a new proclamation to reduce the boundaries, such an action would almost certainly trigger immediate legal challenges.
- Why were these areas designated as monuments? Bears Ears is recognized for its high concentration of ancestral Puebloan archaeological sites and its importance to multiple tribal nations. Grand Staircase-Escalante is noted for its unique geological features, paleontological resources, and vast, rugged landscape.
The management of these lands remains a balance between federal oversight, tribal co-management initiatives, and local economic interests. As federal agencies continue to implement management plans for the restored boundaries, the focus remains on long-term preservation of the region’s historical and natural assets.