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Common Provisions in National Monument Proclamations

  1. Since the 1996 designation of Grand Staircase-Escalante National Monument in Utah, the responsibility for management of any new monument remains with the existing federal land management agency or agencies. In this example, the Bureau of Land Management (BLM).
  2. Establishment of a national monument prohibits new mining claims, mining patents, disposal, and sale of federal lands.
  3. The jurisdiction of the State of California is neither enlarged nor diminished, including the State’s jurisdiction and authority to manage fish and wildlife and hunting and fishing.
  4. Existing grazing permits or leases are continued.
  5. Existing military use of airspace is continued.
  6. Valid existing rights are retained. This includes mining, grazing, and otherwise prohibited activities that are being legally carried out at the time of a designation.
  7. Any private lands within the monument boundary that are acquired by the federal government from willing sellers will become part of the monument. Public access to private lands is not granted nor enlarged. Private property rights are upheld.
  8. The rights of any Indian Tribe are neither enlarged nor diminished. Agencies managing monuments must consult with Tribes or Pueblos, ensure the protection of sacred sites and traditional cultural properties, and provide access by members of Tribes for traditional cultural and customary uses.
  9. Monuments do not interfere with the operation, maintenance, replacement, modification, or expansion of existing water resources, flood control, utility, pipeline, or telecommunication facilities, subject to existing authorities and applicable laws.
  10. Monuments require preparation of a new management plan for the national monument that includes robust public input and consultation with Tribes, state, and local governments.
  • The proclamations for national monuments generally require that the above activities be consistent with the proper care and management of the specific “objects”, or explicitly called out natural, cultural, historical, or scientific resources, for which the monument is being established to protect. The managing agency or agencies may follow through with some specific planning guidelines to ensure proper stewardship of these “objects”.