The Mechanics of the Antiquities Act Reversal: How the Order Shrinks Bears Ears and Grand Staircase-Escalante
A new executive order reduces two major Utah national monuments by 90%, reviving a decades-long legal debate over the limits of presidential power and public land management.
By Factlen Editorial Team
- Tribal Nations & Conservationists
- View the landscape as an interconnected cultural and ecological whole that cannot be fragmented.
- State & Resource Advocates
- Argue that massive monument designations represent federal overreach that stifles local economies.
- Legal Scholars
- Focus on the untested constitutional limits of executive power over public lands.
What's not represented
- · Recreational outdoor industry businesses (e.g., climbing and hiking guides) whose livelihoods depend on monument tourism.
- · Uranium and coal mining executives who would bid on the newly opened federal leases.
Why this matters
This executive action doesn't just change the map of Utah; it sets up a definitive legal test for the 1906 Antiquities Act. The outcome will determine whether millions of acres of federal public lands across the American West remain permanently protected or can be opened to commercial extraction by future administrations.
Key points
- A new executive order shrinks Bears Ears and Grand Staircase-Escalante by roughly 90%.
- The administration cites the 1906 Antiquities Act's requirement to protect only the 'smallest area compatible' with preserving historic objects.
- Tribal Nations and conservationists argue the entire landscape is culturally significant and cannot be fragmented.
- The reduction opens previously protected federal lands to potential mineral extraction and motorized recreation.
- The move sets up a major legal battle over whether a president has the statutory authority to reverse a predecessor's monument designation.
The boundaries of America’s public lands are shifting once again. On Monday, President Donald Trump signed executive proclamations reducing the size of two massive national monuments in southern Utah—Bears Ears and Grand Staircase-Escalante—by roughly 90 percent. The move revives a decades-long pendulum swing over federal land management in the American West, resetting a legal battle that has spanned four presidential administrations.
To understand the mechanics of this reversal, one must look at the Antiquities Act of 1906, the bedrock law governing American national monuments. Signed by President Theodore Roosevelt, the Act was originally championed by scientists and educators to stop the rampant looting of Indigenous artifacts and archaeological sites across the frontier.
The law gives the president the unilateral power to bypass Congress and immediately designate federal lands as national monuments to protect "objects of historic and scientific interest." Over the last century, 18 presidents have used this authority to protect 168 areas, ranging from the Grand Canyon to marine ecosystems.[1]
However, the 1906 law contains a specific clause that serves as the mechanical lever for the current administration's reversal. The statute mandates that the protected land must be confined to the "smallest area compatible with the proper care and management of the objects to be protected."
The Trump administration argues that previous presidents—Bill Clinton, who established Grand Staircase-Escalante in 1996, and Barack Obama, who established Bears Ears in 2016—violated this clause. The administration contends that by protecting vast, abstract ecosystems and sweeping vistas, previous executives stretched the law far beyond its original intent of guarding specific, localized antiquities.

By shrinking Bears Ears from 1.36 million acres to roughly 131,100 acres, the administration asserts it is bringing the monument back into strict compliance with the statutory text. Grand Staircase-Escalante faces a similar mechanical reduction, dropping from nearly 1.87 million acres to just over 181,500 acres.[1]
On the ground, this 90 percent reduction does not transfer ownership of the land. The excised acreage remains federal property, largely managed by the Bureau of Land Management (BLM). However, removing the "national monument" designation fundamentally changes the rules governing what can happen on that terrain.[2]
On the ground, this 90 percent reduction does not transfer ownership of the land.
Without monument status, the land reverts to standard multiple-use federal management. This opens the previously protected acreage to potential mineral extraction—including known coal reserves in Grand Staircase and uranium deposits near Bears Ears—as well as expanded motorized recreation and commercial leasing.[1]
For Tribal Nations, the reduction dismantles a historic co-management structure. Bears Ears was the first national monument created at the direct request of a coalition of Native American tribes, including the Navajo Nation, Hopi Tribe, Ute Mountain Ute Tribe, Pueblo of Zuni, and Ute Indian Tribe.[1]

These tribes argue that the "objects" protected by the Antiquities Act cannot be separated from the broader landscape. To them, the entire region is an interconnected cultural landscape—where the canyons, water sources, and plants are just as vital to their heritage as the physical cliff dwellings and petroglyphs.[1]
This clash of interpretations brings the conflict to its ultimate mechanical question: Does the Antiquities Act give a president the power to undo or drastically shrink a predecessor's monument? The text of the 1906 law explicitly grants the executive the power to create monuments, but it is entirely silent on the power to revoke or reduce them.
Legal scholars note that while Congress has the clear constitutional authority to manage federal lands and alter monument boundaries, the executive branch's authority to shrink them remains legally untested at the Supreme Court level. No court has ever definitively ruled on whether the Antiquities Act is a one-way street.[2]
When Trump first reduced these exact monuments during his first term in 2017, a flurry of lawsuits was filed. However, President Joe Biden restored the original boundaries in 2021 before the federal courts could issue a final ruling on the president's revocation power, effectively mooting the cases.

Now, with the 2026 proclamations, the legal clock resets. Conservation groups and the Bears Ears Inter-Tribal Coalition have already signaled their intent to return to court, seeking an injunction to block the reductions and protect the landscape from immediate leasing.[1][2]
The upcoming legal battle will likely force the federal judiciary to finally interpret the "smallest area compatible" clause. A definitive ruling would establish the exact limits of executive power over public lands, determining the fate of millions of acres across the country.
Until that ruling is reached, the shifting boundaries of Bears Ears and Grand Staircase-Escalante will remain the most prominent symbol of the broader American debate over the West—balancing local economic control against landscape-scale preservation.
How we got here
1906
President Theodore Roosevelt signs the Antiquities Act to protect archaeological sites on federal land.
1996
President Bill Clinton designates the 1.87-million-acre Grand Staircase-Escalante National Monument.
2016
President Barack Obama designates the 1.36-million-acre Bears Ears National Monument at the request of Tribal Nations.
2017
President Donald Trump reduces Bears Ears by 85% and Grand Staircase by 50%.
2021
President Joe Biden restores the original boundaries of both monuments.
July 2026
President Trump issues new proclamations reducing both monuments by 90%.
Viewpoints in depth
State & Resource Advocates
Argue that massive monument designations represent federal overreach that stifles local economies.
Proponents of the reduction, including many Utah state officials and resource extraction industries, argue that previous administrations abused the Antiquities Act. They point to the law's 'smallest area compatible' clause, asserting that protecting million-acre landscapes locks up valuable natural resources—like coal, uranium, and grazing land—that local communities rely on for economic survival. From this perspective, shrinking the monuments restores a necessary balance between conservation and multiple-use public land management, returning control to local stakeholders rather than distant federal bureaucrats.
Tribal Nations & Conservationists
View the landscape as an interconnected cultural and ecological whole that cannot be fragmented.
For the Bears Ears Inter-Tribal Coalition and environmental groups, the 90 percent reduction is seen as an illegal dismantling of sacred heritage. They argue that Indigenous cultural sites are not isolated museum pieces; they are intrinsically tied to the surrounding canyons, water sources, and ecosystems. Conservationists also emphasize that the Antiquities Act grants presidents the power to establish monuments, not to revoke them, arguing that only Congress has the constitutional authority to strip protections from federal lands once they are designated.
Legal Scholars
Focus on the untested constitutional limits of executive power over public lands.
Legal experts view the Bears Ears dispute as the ultimate test case for the 1906 Antiquities Act. Because the statute is silent on whether a president can shrink a monument, scholars are divided on implied powers. Some argue that the power to create inherently includes the power to modify, pointing to minor boundary adjustments made by presidents in the early 20th century. Others argue that the Federal Land Policy and Management Act of 1976 explicitly reserved the power to modify monuments for Congress alone. The upcoming litigation is expected to force the Supreme Court to finally settle this ambiguity.
What we don't know
- How the federal courts, and potentially the Supreme Court, will interpret the president's authority to revoke or shrink national monuments.
- Whether resource extraction companies will actually invest in new mining or drilling leases on the excised lands while the boundaries remain tied up in litigation.
- How the Bureau of Land Management will alter its day-to-day enforcement and visitor management on the 3 million acres removed from monument status.
Key terms
- Antiquities Act of 1906
- A federal law granting the president the authority to create national monuments from existing federal lands to protect objects of historic or scientific interest.
- Smallest Area Compatible
- A clause in the Antiquities Act requiring that a monument's footprint be limited to the minimum size necessary to protect its specific historical or scientific objects.
- Bureau of Land Management (BLM)
- The federal agency responsible for managing millions of acres of public lands, balancing uses like recreation, conservation, and resource extraction.
- Cultural Landscape
- A geographic area that includes both cultural and natural resources associated with a historic event, activity, or Indigenous heritage.
- Multiple-Use Management
- A federal land policy that balances various uses of public land, including grazing, mining, logging, and recreation, rather than strict preservation.
Frequently asked
Does shrinking the monument give the land back to the state?
No. The land remains federal property, primarily managed by the Bureau of Land Management. The change only removes the strict conservation rules associated with the 'national monument' designation.
Can mining and drilling happen there now?
Yes, in theory. Removing the monument designation opens the excised lands to standard federal leasing for mineral extraction, including coal and uranium, though litigation may delay any actual development.
Can a president legally shrink a national monument?
This remains an open legal question. The Antiquities Act explicitly gives presidents the power to create monuments, but it is silent on whether they can revoke or shrink them. The courts have not yet issued a definitive ruling.
How does this affect visitors to Bears Ears?
The land remains open to the public, but the reduction may lead to changes in land management, such as expanded areas for motorized off-road vehicles and fewer federal resources dedicated to archaeological preservation.
Sources
[1]TIMETribal Nations & Conservationists
President Trump Dramatically Shrinks Two Utah National Monuments
Read on TIME →[2]Southern Utah Wilderness AllianceTribal Nations & Conservationists
Defending Grand Staircase-Escalante and Bears Ears
Read on Southern Utah Wilderness Alliance →
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