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Poking A Sleeping Bear: Cultural Landscapes in the 1906 Antiquities Act
The American Antiquities Act of 1906 permits a president to designate “objects of historic and scientific interest”—and the federal lands associated with them—as national monuments. Bears Ears National Monument, located in southeastern Utah, is one such landscape, sacred to Native communities in the region and under fire from opponents that wish to limit the scope of a president's authority under the Act. Through an overview of the statute, its history, and over a century of its use and challenge, this article argues that a proper reading of the Act, our country's foundational cultural heritage preservation legislation, includes "cultural landscapes," and that the designation of Bears Ears is therefore well within the intended purview of the Act. As of April 4, 2025, a decision from the Tenth Circuit Court of Appeals regarding the fate of Bears Ears and the future of the Antiquities Act is pending.
Moderated by Kenneth D. Freundlich, Freundlich Law, APC
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