[Congressional Record Volume 149, Number 141 (Wednesday, October 8, 2003)]
[Extensions of Remarks]
[Page E1998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                A SOUND DECISION ON THE ANTIQUITIES ACT

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                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Wednesday, October 8, 2003

  Mr. UDALL of Colorado. Mr. Speaker, the Antiquities Act of 1906 is an 
old law, but it remains a vital tool for protection of special parts of 
the lands that belong to all Americans. So, I join with the Daily 
Sentinel of Grand Junction, Colorado, in applauding the decision of the 
Supreme Court to refuse to second-guess Presidential actions under its 
authority.
  The newspaper, in an editorial published today, correctly points out 
that the Supreme Court's action ``not only preserved an important 
presidential executive prerogative but allowed critical protections to 
remain in place for important areas of the West.''
  The editorial goes on to point out that Congress has acted to change 
the status of some of the National Monuments that Presidents have 
established under the Antiquities Act. As that makes clear, Congress 
retains the ultimate authority to revise or even revoke a President's 
action under the Act. For the information of our colleagues, here is 
the full text of the Daily Sentinel editorial

                       [From the Daily Sentinel]

      Editorial: Antiquities Act Merited Supreme Court's Approval

       When President Bill Clinton set about protecting large 
     chunks of the American West in the final days of his 
     administration by designating six new national monuments in 
     five states, the outgoing president ignited a firestorm of 
     criticism throughout the regions most directly affected by 
     the new designations. While the areas generally were 
     deserving of special protection, Clinton and his team 
     routinely acted without developing substantial support from 
     local citizens.
       But the law that Clinton used to designate those 
     monuments--the Antiquities Act--remains a critical tool of 
     the U.S. presidency. There would be no Colorado National 
     Monument today were it not for the Antiquities Act, which 
     grants presidents the authority to make such designations 
     without seeking congressional approval. The Black Canyon of 
     the Gunnison National Park would not have been protected 
     originally as a national monument without the act, nor would 
     the Arches National Park near Moab. Both areas were national 
     monuments before Congress made them national parks. President 
     Theodore Roosevelt, the Republican Party's greatest 
     conservationist president, was the first to use the 
     authority.
       Conservative and industry groups, including the Denver-
     based Mountain States Legal Foundation, argued that Clinton 
     exceeded his constitutional authority in using the 
     Antiquities Act to designate the monuments.
       But it wasn't Clinton who was listed as the defendant. It 
     was current President George W. Bush. And it was Bush's 
     conservative attorney, Theodore Olson, who defended Clinton's 
     authority and the Antiquities Act.
       By refusing Monday to hear the case, the Supreme Court 
     upheld a decision by an appeals court in Washington, D.C. 
     that not only preserved an important presidential executive 
     prerogative but allowed critical protections to remain in 
     place for important areas of the West.

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