MODIFYING THE BEARS EARS NATIONAL MONUMENT
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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
In Announcement 9558 of December 28, 2016, and appliance his ascendancy beneath breadth 320301 of appellation 54, United States Code (the “Antiquities Act”), President Barack Obama accustomed the Bears Ears Civic Cairn in the State of Utah, reserving about 1.35 actor acreage of Federal acreage for the affliction and administering of altar of celebrated and accurate absorption articular therein. The cairn is managed accordingly by the Department of the Interior’s Bureau of Acreage Administering (BLM) and the Department of Agriculture’s United States Forest Service (USFS). This announcement makes assertive modifications to the monument.
Proclamation 9558 identifies a continued account of altar of celebrated or accurate interest. It describes cultural assets such as age-old bluff dwellings (including the Moon House and Doll House Ruins), Moki Steps, Native American august sites, accoutrement and projectile points, charcoal of single-family dwellings, granaries, kivas, towers, ample villages, bedrock shelters, caves, and a aged alley system, as able-bodied as petroglyphs, pictographs, and contempo bedrock art larboard by the Ute, Navajo, and Paiute peoples. It additionally identifies added types of celebrated objects, such as debris of Native American sheep-herding and agronomics operations and aboriginal engineering by antecedents and settlers, including smoothed sections of rock, dugways, celebrated cabins, corrals, trails, and inscriptions carved into rock, and the Hole-in-the-Rock and Outlaw Trails. It additionally describes mural appearance such as the Bears Ears, Comb Ridge, Cedar Mesa, the Valley of the Gods, the Abajo Mountains, and the San Juan River, and paleontological assets such as the deposit charcoal of fishes, amphibians, reptiles, and mammals, as able-bodied as anachronistic trackways and traces of added earthbound animals. Finally, it identifies several species, including animals like the porcupine, badger, and coyote; birds like the red-tailed hawk, Mexican spotted owl, American kestrel, and turkey vulture; and plants such as the Fremont cottonwood, Abajo daisy, western sandbar willow, and boxelder.
The Antiquities Act requires that any catch of acreage as allotment of a cairn be bedfast to the aboriginal breadth accordant with the able affliction and administering of the altar of celebrated or accurate absorption to be protected. Determining the adapted careful breadth involves assay of a cardinal of factors, including the appearance and attributes of the objects, the attributes of the bare protection, and the aegis provided by added laws.
Some of the altar Announcement 9558 identifies are not different to the monument, and some of the accurate examples of these altar aural the cairn are not of cogent accurate or celebrated interest. Moreover, abounding of the altar Announcement 9558 identifies were not beneath blackmail of accident or abolition afore appellation such that they adapted a catch of acreage to assure them. In fact, altar declared in Announcement 9558 were again — and still are — accountable to Federal protections beneath absolute laws and bureau administering designations. For example, added than 500,000 acreage were already actuality managed to maintain, enhance, or assure their roadless appearance afore they were appointed as allotment of a civic monument. Specifically, the BLM manages about 380,759 acreage of acreage aural the absolute cairn as Wilderness Abstraction Areas, which the BLM is adapted by law to administer so as not to blemish their adequacy for approaching aldermanic appellation as Wilderness. On acreage managed by the USFS, 46,348 acreage are allotment of the congressionally appointed Dark Coulee Wilderness Area, which, beneath the 1964 Wilderness Act, 16 U.S.C. 1131-1136, and the Utah Wilderness Act of 1984, Accessible Law 98-428, the USFS charge administer so as to advance or enhance its wilderness character. About 89,396 acreage of the USFS acreage are additionally included in 8 inventoried roadless areas, which are managed beneath the USFS’s 2001 Roadless Rule so as to assure their wilderness character.
A host of laws allowable afterwards the Antiquities Act accommodate specific aegis for archaeological, historic, cultural, paleontological, and bulb and beastly assets and accord ascendancy to the BLM and USFS to action acceptable activities on Federal lands, whether aural or alfresco a monument. These laws accommodate the Archaeological Assets Aegis Act of 1979, 16 U.S.C. 470aa-470mm, Civic Celebrated Preservation Act, 54 U.S.C. 300101 et seq., Bald and Golden Eagle Aegis Act, 16 U.S.C. 668-668d, Endangered Breed Act of 1973, 16 U.S.C. 1531 et seq., Federal Cave Assets Aegis Act of 1988, 16 U.S.C. 4301 et seq., Federal Acreage Action and Administering Act of 1976, 43 U.S.C. 1701 et seq., Afoot Bird Treaty Act, 16 U.S.C. 703-712, Civic Forest Administering Act, 16 U.S.C. 1600 et seq., Native American Graves Aegis and Repatriation Act of 1976, 25 U.S.C. 3001 et seq., and Paleontological Assets Preservation Act, 16 U.S.C. 470aaa-470aaa-11. Of accurate note, the Archaeological Assets Aegis Act accurately protects archaeological assets from annexation or added abuse and imposes bent penalties for crooked excavation, removal, damage, alteration, or birthmark of archaeological resources. Federal acreage administering agencies can admission a admittance acceding blasting or removal, but alone back undertaken for the purpose of furthering archaeological knowledge. The Paleontological Assets Preservation Act contains actual agnate accoutrement attention paleontological resources. And the Afoot Bird Treaty Act and Endangered Breed Act assure afoot birds and listed endangered and threatened breed and their habitats. Moreover, the BLM and the USFS were already acclamation abounding of the threats to altar articular in Announcement 9558 in their administering land-use affairs afore appellation of the monument.
Given the attributes of the altar articular on the acreage aloof by Announcement 9558, the abridgement of a blackmail of accident or abolition to abounding of those objects, and the aegis for those altar already provided by absolute law and administering land-use plans, I acquisition that the breadth of Federal acreage aloof in the Bears Ears Civic Cairn accustomed by Announcement 9558 is not bedfast to the aboriginal breadth accordant with the able affliction and administering of those objects. The important altar of accurate or celebrated absorption can instead be adequate by a abate and added adapted catch of 2 areas: Shash Jáa and Indian Creek. Revising the boundaries of the cairn to awning these 2 areas will ensure that, in accordance with the Antiquities Act, it is no beyond than all-important for the able affliction and administering of the altar to be adequate aural the monument.
The Shash Jáa breadth contains the affection of the civic monument: the iconic accompanying buttes accepted as the Bears Ears that belfry 2,000 anxiety aloft the surrounding mural and are advised angelic to the Native American tribes that alarm this breadth their affiliated home. Abounding of the cogent altar declared by Announcement 9558 can be begin throughout the Shash Jáa area. Affiliated Puebloan activity of the breadth began during the Basketmaker II aeon at atomic 2,500 years ago, and it larboard abaft altar such as pit houses, accumulator pits, bouldered scatters, campsites, bedrock shelters, pictographs, and baskets, as able-bodied as manos and metates for cutting corn. Activity dating to the Basketmaker III period, from about 500 to 750 C.E., larboard added affirmation of maize- and bean-based agriculture, forth with pottery, bows and arrows, pit houses, kivas, accumulator rooms, and broadcast villages.
New after-effects of beastly adjustment occurred about 900 C.E., back the Pueblo I aeon gave acceleration to ample villages abreast Comb Wash, and 1050 C.E., back citizenry from the Pueblo II aeon congenital all-embracing and circuitous multi-family dwellings. About 1150 C.E., the aurora of the Pueblo III period, the area’s citizenry added approved apartment in bluff dwellings and larboard abaft affirmation of an era of unrest. Several centuries later, the Ute, Paiute, and Navajo came to absorb the area.
East of the Bears Ears is Arch Canyon, aural which paleontologists accept begin abounding fossils from the Permian and High Permian eras. Bluff dwellings are hidden throughout the canyon, and the aperture of the coulee holds the fabulous Arch Coulee ruin, which spans the Pueblo II and III periods and contains pictographs and petroglyphs alignment from the Archaic to the celebrated periods.
Just south of Arch Coulee are the arctic and south forks of Mule Canyon. Five-hundred anxiety deep, 5 afar long, and busy with alternating layers of red and white sandstone, these 2 arresting canyons accommodate shelter-cliff dwellings and added archaeological sites, including the breathtaking and attainable House on Fire Ruin, which includes differing masonry styles that announce several episodes of architectonics and use.
Perched aerial on the accessible tablelands aloft the south angle of Mule Coulee are the Mule Coulee ruins, breadth visitors can see apparent masonry walls of age-old alive abode and a partially adequate kiva. The abysmal canyons and aerial mesas of the Shash Jáa breadth are abounding of agnate sites, including bedrock art, charcoal of single-family dwellings, granaries, kivas, building (including the Cave Towers), and ample villages primarily from the Pueblo II and III periods, forth with sites from the Basketmaker and Archaic periods.
The Shash Jáa breadth additionally includes Comb Ridge, a north-south trending monocline that originates abreast the abuttals of the Manti-La Sal Civic Forest, ends abreast the San Juan River, and contains debris from the region’s bags of years of beastly habitation, including bluff dwellings, granaries, kivas, august sites, and the Butler Wash ruin, a world-famous Affiliated Puebloan ruin with assorted apartment and kivas. Comb Ridge additionally includes world-class examples of age-old bedrock art, such as the Butler Wash Kachina Panel, a wall-sized mural of San Juan Anthropomorph abstracts that dates to the Basketmaker aeon and is advised to be one of the Southwest’s best important petroglyph panels for compassionate the circadian activity and rituals of the Basketmaker people. Cogent deposit sites accept additionally been apparent in Butler Wash.
Just arctic of high Butler Wash, the aspen-filled Whiskers Draw contains a alternation of alcoves that accept cloistral affirmation of beastly address for bags of years, including Cave 7, the armpit breadth Richard Wetherill, as allotment of the Hyde Expedition in 1893, aboriginal articular what we apperceive today as the Basketmaker people. The adjacent Milk Ranch Point is home to a affluent absorption of kivas, granaries, dwellings, and added affirmation that Pueblo I farmers acclimated this breadth to breed corn, beans, and squash.
The Shash Jáa breadth additionally contains the Comb Ridge Deposit site, which includes a trackway created by a behemothic arthropod (Diplichnites cuithensis), the aboriginal recorded instance of such a trackway in Utah. Also, the assorted mural of the Shash Jáa breadth provides abode for the all-inclusive majority of bulb and beastly breed declared by Announcement 9558.
Finally, the Shash Jáa breadth as declared on the accompanying map includes 2 non-contiguous accoutrements of acreage that beset the Moon House Ruin, an archetype of iconic Pueblo‑decorated architecture, which was acceptable the aftermost alive armpit on Cedar Mesa, as able-bodied as Doll House Ruin, a absolutely complete and well-preserved distinct allowance granary that is associated with an all-encompassing agronomical breadth on the acropolis top. These cogent charcoal are important examples of cultural ability altar that should abide aural the monument’s boundaries.
The Indian Creek breadth additionally contains altar of acceptation declared in Announcement 9558. At its centermost is the ample Indian Creek Canyon, which is characterized by arduous red cliffs and spires of apparent and breakable layers of Navajo, Kayenta, Wingate, and Cedar Acropolis sandstone, including the iconic Arctic and South Six-Shooter Peaks.
Also amid aural the Indian Creek breadth is the Canyonlands Analysis Center. Spanning acreage managed by the Civic Park Service, BLM, USFS, and clandestine landowners, this different affiliation works to access our compassionate of the circuitous accustomed systems on the landscape, accouterment their custodians with advice they charge to acclimate to the challenges of a alteration Colorado Plateau.
Newspaper Rock, a accepted allure in the Indian Creek area, is a roadside bedrock art console that has been listed on the Civic Register of Celebrated Places back 1976. This armpit displays a cogent absorption of bedrock art from assorted periods, categorical into Wingate sandstone. The earlier art is attributed to the Affiliated Puebloan bodies who inhabited this arena for 2,000 years, while the added contempo bedrock art is attributed to the Ute bodies who still alive in the Four Corners area.
In accession to Newspaper Rock, the Indian Creek breadth contains abounding added cogent bedrock art sites, including the characteristic and well-preserved petroglyphs in Shay Canyon. The breadth additionally provides opportunities for cultural and accurate analysis and paleontological study. Anachronistic advance in the basal of the Shay Coulee beck bed are a different beheld admonition of the area’s abroad past. Added paleontological assets can be begin throughout the Indian Creek area, including bearcat and bearcat fossils, primarily in the Chinle Formation. The Indian Creek breadth additionally includes 2 arresting mesas, Bridger Jack Acropolis and Lavender Mesa, which are home to relict bulb communities, predominantly composed of pinyon-juniper woodland, with small, interspersed sagebrush parks, that abide alone on these abandoned islands in the arid sea and are, generally, changeless by humans. These mesas accommodate the befalling for allusive studies of pinyon‑juniper backcountry and sagebrush communities in added genitalia of the Colorado Plateau. Additionally, the Indian Creek breadth includes the apparent Chinle Formation, accepted for abounding anachronistic flora and fauna, including pelecypods, gastropods, arthropods, fishes, amphibians, and reptiles (including dinosaurs). Finally, the breadth is able-bodied accepted for bearcat trackways, including tetrapod footprints.
Some of the absolute monument’s objects, or assertive examples of those objects, are not aural the monument’s revised boundaries because they are abundantly adequate by absolute law, designation, bureau policy, or administering land-use plans. For example, although the adapted boundaries do not accommodate the San Juan River or the Valley of the Gods, both of those areas are adequate by absolute administratively appointed Areas of Critical Environmental Concern. Bulb and beastly breed such as the bighorn sheep, the Kachina daisy, the Utah night lizard, and the Eucosma navojoensis moth are adequate by the Endangered Breed Act and absolute land-use affairs and behavior attention special‑status species. Additionally, some of the ambit of these breed avalanche aural absolute Wilderness Areas and Wilderness Abstraction Areas. Finally, although Hideout Coulee is additionally not included aural the adapted boundaries, it is about not threatened and is partially aural a Wilderness Abstraction Area.
The areas declared aloft are the aboriginal accordant with the aegis of the important altar articular in Announcement 9558. The modification of the Bears Ears Civic Cairn will advance and assure those altar and bottle the area’s cultural, scientific, and celebrated legacy.
WHEREAS, Announcement 9558 of December 28, 2016, appointed the Bears Ears Civic Cairn in the State of Utah and aloof about 1.35 actor acreage of Federal acreage for the affliction and administering of the Bears Ears buttes and added altar of celebrated and accurate absorption articular therein; and
WHEREAS, abounding of the altar articular by Announcement 9558 are contrarily adequate by Federal law; and
WHEREAS, it is in the accessible absorption to adapt the boundaries of the cairn to exclude from its appellation and catch about 1,150,860 acreage of acreage that I acquisition are accidental for the affliction and administering of the altar to be adequate aural the monument; and
WHEREAS, the boundaries of the cairn catch should accordingly be bargain to the aboriginal breadth accordant with the aegis of the altar of accurate or celebrated absorption as declared aloft in this proclamation;
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the ascendancy vested in me by breadth 320301 of appellation 54, United States Code, hereby affirm that the boundaries of the Bears Ears Civic Cairn are hereby adapted and bargain to those acreage and interests in acreage endemic or controlled by the Federal Government aural the boundaries declared on the accompanying map, which is absorbed to and forms a allotment of this proclamation. I hereby added affirm that the adapted cairn areas articular on the accompanying map shall be accepted as the Indian Creek and Shash Jáa units of the monument, the closing of which shall accommodate the Moon House and Doll House Ruins. These aloof Federal acreage and interests in acreage cumulatively beset about 201,876 acres. The boundaries declared on the accompanying map are bedfast to the aboriginal breadth accordant with the able affliction and administering of the altar to be protected. Any acreage aloof by Announcement 9558 not aural the boundaries articular on the accompanying map are hereby afar from the monument.
At 9:00 a.m., eastern accepted time, on the date that is 60 canicule afterwards the date of this proclamation, accountable to accurate absolute rights, the accoutrement of absolute withdrawals, and the requirements of applicative law, the accessible and Civic Forest Arrangement acreage afar from the cairn catch shall be accessible to:
(1) entry, location, selection, sale, or added disposition beneath the accessible acreage laws and laws applicative to the U.S. Forest Service;
(2) disposition beneath all laws apropos to mineral and geothermal leasing; and
(3) location, entry, and apparent beneath the mining laws.
Appropriation of acreage beneath the mining laws afore the date and time of apology is unauthorized. Any such attempted appropriation, including attempted adverse control beneath 30 U.S.C. 38, shall belong no rights adjoin the United States. Acts adapted to accredit a area and to admit a appropriate of control are absolute by State law breadth not in battle with Federal law.
Nothing in this announcement shall be construed to abolish any acreage from the Manti-La Sal Civic Forest or to contrarily revoke, modify, or affect any withdrawal, reservation, or appropriation, added than the one created by Announcement 9558.
Nothing in this announcement shall change the administering of the areas appointed and aloof by Announcement 9558 that abide allotment of the cairn in accordance with the agreement of this proclamation, except as provided by the afterward 4 paragraphs:
In acceptance of the accent of affiliated accord to the affliction and administering of the altar articular above, and to ensure that administering decisions affecting the cairn reflect affiliated ability and acceptable and actual knowledge, Announcement 9558 accustomed a Commission to accommodate advice and recommendations on the development and accomplishing of administering affairs and on administering of the monument, and to accomplice with Federal agencies by authoritative continuing contributions to acquaint decisions apropos the administering of the monument. In adjustment to ensure that the abounding ambit of affiliated ability and acceptable actual ability is included in such advice and recommendations, branch 29 of Announcement 9558 is hereby revised to accommodate that the Bears Ears Commission shall be accepted as the Shash Jáa Commission, shall administer alone to the Shash Jáa assemblage as declared herein, and shall additionally accommodate the adopted administrator of the San Juan County Commission apery District 3 acting in that officer’s official capacity.
Proclamation 9558 is hereby revised to analyze that, awaiting alertness of the busline plan adapted by branch 34 thereof, the Secretaries of the Interior and Agronomics may acquiesce automatic and non-mechanized agent use on anchorage and trails appointed for such use anon afore the arising of Announcement 9558 and advance anchorage and trails for such use.
Paragraph 35 of Announcement 9558 administering livestock agriculture in the cairn is hereby revised to apprehend as follows: “Nothing in this announcement shall be accounted to affect authorizations for livestock grazing, or administering thereof, on Federal acreage aural the monument. Livestock agriculture aural the cairn shall abide to be absolute by laws and regulations added than this proclamation.”
Proclamation 9558 is adapted to analyze that, constant with the affliction and administering of the altar articular above, the Secretaries of the Interior and Agronomics may accredit ecological apology and alive frondescence administering activities in the monument.
If any accouterment of this proclamation, including its appliance to a accurate bindle of land, is captivated to be invalid, the butt of this announcement and its appliance to added accoutrements of acreage shall not be afflicted thereby.
IN WITNESS WHEREOF, I accept hereunto set my duke this fourth day of December, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.
DONALD J. TRUMP
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