The view from Katahdin Woods and Waters National Monument
PORTLAND, ME – In light of Interior Secretary Ryan Zinke’s ongoing review of 27 national monuments, including Katahdin Woods & Waters, and after hearing from Mainers about the review, Congresswoman Chellie Pingree (D-Maine) joined 85 of her House colleagues in sending a letter to Zinke today highlighting Congress’ long-established legal authority over national monuments and other federally protected sites. The letter points to the executive branch’s lack of authority to rescind or substantially reduce the size of any national monument – the ostensible purpose of Zinke’s review.
Multiple legal analyses – including a 1938 Attorney General finding, a paper by the firm Arnold & Porter and a recently published expert analysis of relevant legal and legislative history – have found that while Congress has granted presidents the power to declare national monuments on federal land, Congress has not delegated the power to revoke or substantially diminish those monuments.
Zinke is expected to deliver a preliminary report to the White House in early June and a comprehensive report in August recommending weakened protections for some national monuments and potentially the revocation of monument status at certain sites. The Interior Department is accepting public comment on the review process until July 10 at https://www.regulations.gov/docket?D=DOI-2017-0002.
Today’s letter reads in part:
Congress has delegated significant federal land management responsibilities to the Executive, including broad authorization to the President through the Antiquities Act to designate national monuments on federal land. Over more than a century, however, Congress has not delegated authority to significantly diminish or abolish an existing national monument. This includes consideration and enactment of amendments to the Antiquities Act, and the decision by the 94th Congress to enact the Federal Lands Policy and Management Act (P.L. 94-579), which left the Antiquities Act intact.
The Constitutional authority to revoke or shrink a national monument lies with the Congress.
