With the new designation of a Bears Ears National Monument, many are wondering what comes next?
According to Bob Keiter, professor of law at the University of Utah and expert on public lands and national parks, the management plan for the Bears Ears National Monument will be key in how the land can be used in the future. That plan has not yet been put together. But Keiter said many provisions in the actual proclamation already tell us some things.
“The principle thing that’s off the table, going forward is industrial extractive types of activities--oil, gas, mining. The lands are withdrawn from that kind of activity moving forward," Keiter said. "Although existing leases and mining claims are recognized as valid existing rights.”
With that exception, livestock, grazing and recreational activities can all still be allowed within the monument. It all depends on the management plan.
Utah's congressional delegation, Gov. Gary Herbert, and Utah lawmakers have all-but-declared war on the new monument designation. Many have also voiced a desire to have Trump reverse the order once he takes office. That’s something no president has ever done.
John Ruple, another professor at University of Utah said The Antiquities Act, which gives the president the power to designate national monuments, does not give the power to revoke those designations.
“No president has ever tried to unilaterally rescind a national monument designation. So we don’t have any case law in that," Ruple said. "States and others however have tried to overturn proclamations in the past, and every such effort has failed. So at this point it’s presidents and proclamations 10, challengers 0.”