As one of his first acts in office, President Biden issued an executive order on January 20 directing the Secretary of the Interior to review the revocation of the Bears Ears National Monument, Grand Staircase-Escalante National Monument, and the Northeast Canyons and Seamounts Marine National Monument. The Secretary is required to complete the review and submit a report to the president within 60 days with recommendations for actions consistent with the Antiquities Act.

The National Trust has been participating in a lawsuit challenging the revocation of Bears Ears National Monument for several years. The case has been fully briefed since last summer and is awaiting a decision by the D.C. federal district court. The key question in that litigation is whether Congress delegated the president authority under the Antiquities Act of 1906 to revoke monument designations.

As a result of President Biden’s Executive Order, the court has set a deadline of March 5, 2021, for the government to indicate whether the litigation should be stayed while the Secretary completes the review process. It is widely anticipated that legal protections for these monuments may ultimately be restored, and the National Trust has communicated our support for restoration to incoming officials. The National Trust will continue to be deeply engaged not only to protect Bears Ears, but also to maintain the integrity of the Antiquities Act.