Politics, Persuasion, and Enforcement: under the Antiquities Act

Transcription

1 Politics, Persuasion, and Enforcement: Property Management under the Antiquities Act Kelly Y. Fanizzo Abraham L. Freedman Teaching Fellow Temple University Beasley School of Law First National Monument Designated by President Theodore Roosevelt in September 1906 Devil s Tower National Monument, Wyoming Source- 1

2 Sonoran Desert National Monument, Arizona Source- www. blm.gov/az/st/en/prog/blm_special_areas/natmon/son_des/photos.html American Antiquities Act of U.S.C Sec. 2. That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. 2

3 historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest the smallest area compatible with proper care and management of the objects to be protected Grand Canyon, Arizona Source- 3

4 Practically every government in the world has enacted laws for the preservation of the remains of the historic past Source- Edgar L. Hewett,1898 Source- 4

5 Grand Staircase-Escalante National Monument, Utah Sourcewww.blm.gov/ut/st/en/fo/grand_staircase-escalante/visitor_information/photo_gallery.html Sourcewww.blm.gov/pgdata/etc/medialib/blm/az/images/son_des.Par File.dat/proclamation.pdf 5

6 Sonoran Desert National Monument Proghorn Antelope Mule Deer Sonoran Desert Desert Bighorn Sheep Sourceswww.blm.gov/az/st/en/prog/blm_special_areas/natmon/son_des/photos.html Juan Bautista de Anza National Historic Trail Source- 6

7 Bureau of Land Management Vermilion Cliffs National Monument Sources gif, Arizona s National Monuments, National Conservation Areas, & National Historic Trails Location Map Sources

8 National Park Service Tonto National Monument, Arizona Navajo National Monument, Arizona Sources- Livestock Grazing Source- 8

9 Sonoran Desert National Monument Source- www. blm.gov/az/st/en/prog/blm_special_areas/natmon/son_des/photos.html Administrative Procedure Act 5 U.S.C , A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. 5 U.S.C

10 Sonoran Desert National Monument Vermilion Cliffs National Monument Grand Canyon-Parashant National Monument Sources- www. blm.gov/az/st/en/prog/blm_special_areas/natmon/vermilion.html, Source- 10

11 Carrizo Plain National Monument, California Sources- Canyons of the Ancients Nti National lmonument, Colorado Source- 11

12 Agua Fria National Monument, Arizona Source- Sonoran Desert National Monument Supreme Court of the United States Sources- www. blm.gov/az/st/en/prog/blm_special_areas/natmon/son_des/photos.html, 12