For more than a century, the Antiquities Act of 1906 has been used by presidents of both parties to safeguard America’s natural and cultural heritage—from the cliffs of Devils Tower to the sacred ground of Bears Ears. Until now, it was widely understood that while the Act granted the president the power to designate monuments, only Congress had the authority to abolish them. That understanding was upheld in law, policy, and practice for generations. But with the Justice Department’s new opinion, the door is now wide open for a future administration, particularly one hostile to conservation, to unilaterally gut the agencies like the National Park Service by eliminating monuments with the stroke of a pen.
🔥 What’s at Risk?
This decision affects every national monument that has not been codified by Congress, which includes many of the nearly 90 national monuments managed by the National Park Service (NPS). These sites were created by presidential proclamation under the Antiquities Act but never received legislative backing. That makes them vulnerable.
Among the beloved national monuments that could now be at risk are:
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Devils Tower (WY) – the very first national monument, designated in 1906
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Stonewall (NY) – the first LGBTQ+ national monument
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African Burial Ground (NY) – honoring enslaved Africans in colonial America
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César E. Chávez (CA) – commemorating the farmworker movement
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Birmingham Civil Rights, Freedom Riders, and Emmett Till & Mamie Till-Mobley – vital monuments preserving our civil rights history
Statue of Liberty, our nation's universal symbol of freedom and democracy.
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And dozens more, including sacred Indigenous lands, volcanic landscapes, ancient ruins, and fossil beds
In short, some of the most diverse and inclusive sites in our National Park System—places that tell stories long overlooked or deliberately erased—are now themselves vulnerable to erasure.
🏗️ What Happens If a Monument Is Revoked?
If a national monument designation is revoked, the consequences go far beyond symbolic loss. Management of the land would likely revert to whichever federal agency originally held jurisdiction, most often the Bureau of Land Management (BLM) or the U.S. Forest Service. These agencies do not have the same protective mandates as the National Park Service and often manage land for multiple uses, including grazing, logging, mining, and oil and gas drilling. Without monument protections, cultural sites could lose archaeological safeguards, historic structures might fall into neglect, and landscapes once protected from industrial encroachment could be auctioned off for oil and gas leasing or hardrock mining. Questions would immediately arise: Who is responsible for visitor services? What happens to tribal co-management agreements? Are ongoing educational or scientific programs canceled? The answers, unfortunately, are murky, and none bode well for the integrity of the site or its long-term stewardship.
⚖️ The Legal Shift
The Justice Department's new stance overturns prior legal interpretations that treated monument designations as permanent unless Congress decided otherwise. It aligns with actions taken during the Trump administration's first term, when it attempted to dramatically shrink Bears Ears and Grand Staircase–Escalante National Monuments—though those actions faced lawsuits and were ultimately reversed by President Biden.
But with this legal opinion now on the books, a future president could go much further, eliminating monuments entirely, especially those not politically favored. And unless Congress has passed legislation to formally authorize the monument, there appears to be little legal recourse.
🚨 Why This Matters
The National Park System is often called “America’s best idea.” But this decision threatens to reduce our best idea to a partisan plaything—subject to the whims of presidents who see conservation as a barrier to industry, extraction, or political ideology.
📣 What You Can Do
Concerned citizens must act now to protect these irreplaceable treasures:
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Contact your members of Congress and demand that they pass legislation to codify at-risk national monuments, starting with those most threatened.
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Support organizations fighting for public lands, such as the National Parks Conservation Association, the Wilderness Society, and Earthjustice.
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Spread the word. Share this story, educate your community, and vote for leaders who value conservation, not exploitation.
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Demand a legislative fix. Congress must amend the Antiquities Act or pass companion legislation ensuring that once designated, national monuments cannot be abolished by presidential fiat.
📍 Conclusion
If the Antiquities Act can be turned into a tool for destruction instead of protection, no national monument is safe. The legacy of Theodore Roosevelt, the vision of environmental stewards like Rachel Carson and David Brower, the voices of civil rights champions like Cesar Chavez and John Lewis—all could be silenced if we don’t act.
The monuments belong to all Americans, not to any one president. Let’s keep them that way.
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