Background

Located towards the southeastern corner of Utah sits a region of land commonly referred to as “Bears Ears.” Named after two distinct twin buttes (steep, isolated hills) resembling the small ears of a bear, this desert landscape and its resources have become the center of a hotly contested debate spanning the last three presidential administrations.

The significance of Bears Ears goes beyond its biodiversity, as over 30 Native Tribes and Pueblos hold deep spiritual and cultural connections to this land. Traces of indigenous settlements in Bears Ears have been dated to approximately 12,000 years B.C.E. Many indigenous individuals still visit Bears Ears to hunt, gather herbs, forage for food, and perform ceremonies, much like their ancestors. Additionally, the presence of sacred structures such as centuries-old graves, shrines, and more, allow Native groups to learn and connect with the history of their culture.

With such a long history of indigenous settlements, Bears Ears unsurprisingly contains an abundance of archaeological resources. Some well-preserved artifacts and sites include cliffside houses, roads, wall carvings, kivas (structures used for political meetings and spiritual ceremonies), granaries, and more. Archaeologists have estimated that the region is home to over 100,000 sites, making Bears Ears one of the most significant locations for archaeology within the United States. 

Obama Administration: National Monument Designation

In 2015, a group of Native tribes and pueblos submitted a proposal to President Barack Obama requesting that 1.9 million acres of the Bears Ears region be designated as a National Monument. This alliance is known as the Bears Ears Inter-Tribal Coalition, a team composed of the Hopi, Navajo, Uintah & Ouray Ute, Ute Mountain Ute, and Zuni Governments. The designation of an area as a National Monument provides it with special protections, such as banning oil drilling and mining, creating barriers for the development of new roads, and preventing land sales for commercial or private uses. Seeking to preserve many of the “prehistoric, historic, and scientific values” discussed in the coalition’s proposal, Obama wrote a proclamation declaring Bears Ears as a National Monument in 2016. This move was made using the Antiquities Act of 1906, a law which gives presidents the authority to establish national monuments at will. In total, the Bears Ears National Monument spanned over 1.35 million acres, making it one of the largest national monuments at the time.

Obama’s designation of Bears Ears as a protected National Monument was widely celebrated by a variety of environmental organizations, archaeologists, paleontologists, and Native tribes. In contrast, many Republicans, business owners, and local ranchers disagreed with Obama’s designation of the Bears Ears National Monument.

Trump Administration: Significant Downsizing of Monument

Among the more notable Republicans opposed to the monument were John Curtis, Jason Chaffetz, and then-Utah governor Gary Herbert. After citing damaging economic implications of the monument such as forgone employment opportunities, developments within the region, and tax revenue, Herbert signed an official resolution requesting that President Donald Trump delist Bears Ears as a National Monument in February of 2017.

By December 4, 2017, President Trump reduced the size of the Bears Ears National Monument by approximately 85%. This 1,150,860 acre reduction came after Trump claimed it was “unnecessary for the care and management of the objects to be protected within the monument.” The Trump Administration’s decision was met with harsh criticism and immediate backlash. According to law professors from four different universities, Trump did not have the authority to diminish the size of National Monuments. They argue that neither the Antiquities Act, nor the Federal Land Policy and Management Act of 1976, gives the President the power to revoke designations of National Monuments. The long and complicated history of the Antiquities Act has left substantial room for debate on whether or not Trump’s actions are legal. You can learn more about the Antiquities Act through this ACE brief (link Layla’s brief once uploaded). 

In response to the size cuts of Bears Ears, two separate lawsuits were filed. One lawsuit, filed by the Natural Resources Defense Council on behalf of 10 other environmental organizations, argues that Trump’s actions were unlawful, as only Congress can alter national monuments. Another lawsuit opposing reductions of Bears Ears was filed by several Native American tribes, including the Hopi Tribe. They believe that Trump went against the Antiquities Act and violated a separation of powers between the executive and legislative branches of government, as he supposedly infringed on Congress’s powers.

Conversely, others argue that Trump was well within his powers to alter the monument. Because the Antiquities Act says nothing against shrinking monuments, and because seven Presidents have done so in the past, they believe there is no reason Trump cannot do the same. 

Biden Administration: Efforts to Restore Lost Land

Immediately after being sworn into office on January 20, 2021, current President Joe Biden signed an executive order seeking to restore National Monuments. In his executive order, he states that a formal review of the Bears Ears National Monument boundary will be conducted in order to determine whether any alterations are necessary. Following the completion of the review, the Secretary of the Interior will instruct him on how to proceed. With Deb Haaland as the first Native American Secretary of the Interior, many are hopeful that she will suggest an expansion of the monument size to some degree.

Main Arguments For and Against Bears Ears

As evidenced by the contents of this brief, discussions of why the Bears Ears region deserves to stand as a National Monument vary widely. To summarize, some of the main arguments supporting the designation of Bears Ears include:

• Environmental Conservation: Designating Bears Ears as a National Monument would protect valuable, pristine habitats currently untouched by human development.
• Aesthetic Beauty: The unique beauty of the Bears Ears region is a feature that many claim is worth protecting. 
• Endangered Species Protection: The endangered species living within Bears Ears would likely see their habitats reduced without land protections, threatening the survival of the species. 
• Sacred Land Protection: Bears Ears is a sacred land for many indigenous tribes, and federally protecting it would preserve areas that have held religious significance for thousands of years. Many native tribes have expressed strong support of the Bears Ears National monument, and because indigenous peoples are the original inhabitants of these lands, many argue that their needs and wants should be honored. 
• Protection of Ancient Structures and Artifacts: Bears Ears hosts thousands of ancient indigenous structures and artifacts, and many claim that designating it as a National Monument would protect these historical features from activities such as looting, off-road riding, vandalism, and development. 
• Paleontological Resources (Fossils): Bears Ears is rich with paleontological resources, containing fossils from hundreds of millions of years ago. The paleontological research potential of Bears Ears is notable, and providing Bears Ears with robust federal protections will ensure scientists can mindfully study its resources. 
• Local Economy Boost: Many argue that National Monuments do not typically harm local economies, rather, they can provide economic boosts by growing adjacent businesses. 

Some of the main arguments against protecting Bears Ears include:

• Excessive Size: Many, including previous Utah governor Gary Herbert and President Trump, argue that the original Bears Ears Monument designated by President Obama was excessive and unnecessary. They believe a smaller monument is sufficient to adequately protect Bears Ears’ most important objects. 
• Oil, Gas, and Coal Extraction: It is estimated that around 11 billion tons of coal, oil, gas, and other minerals lay within the Bears Ears region. Many believe opening up these lands for resource extraction is beneficial for the economy and will put people to work. 
• Uranium Mining: Some argue that uranium reserves within the Bears Ears region should be extracted and added to the United States stockpile. Uranium is used to run nuclear power plants, and creation of mines could create jobs and aid the Utah economy.

Harmful Economic Outcomes: Governor Herbert argued that because National Monuments are federal land and not subject to property taxes, the Utah school systems will suffer as a result. Additionally, Herbert claims that the current economic deprivation experienced by Utah residents will not be improved from simply increased tourism