The antiquities act of 1906 is among the most important of american conservation and preservation laws. The act in question is the antiquities act of 1906, 54 u. In this sam e period the presidents acting on authority of the 1906 antiquities act established 14 national monuments on land under. The antiquities act of 1906 is a short and simple law of three sections drafted by archeologist edgar hewitt to protect objects of antiquity on public land.
The antiquities act passed in 1906, the act, now codified at 54 u. The president is to reserve the smallest area compatible with the 1 16 u. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law as with the tafthartley act. Chief justice roberts statement questions broad presidential. Section 3 permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiq. Professor enigmas official site 1906 antiquities act. The antiquities act, which became law in 1906 after years of debate, has played a rich and enduring role in protecting our nations history and heritage. The president has no power unilaterally to abolish or. The act has been used to create national monuments in places such as muir woods, grand canyon, mount olympus, jackson hole, and. The antiquities act of 1906 antiquities act or act, 16 u.
It provides specifically for the preservation of archaeological, historical, and natural resources on public lands. Sometimes these names say something about the substance of the law as with the 2002 winter olympic commemorative coin act. Pdf pdf provides a complete and accurate display of this text. The president may, in the presidents discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific.
Theodore roosevelt and the antiquities act of 1906. The antiquities act of 1906 is an act that was passed by the united states congress and signed. Also known as the national monument act preservation of antiquities june 8, 1906, ch. This text is from the fourth edition of federal historic preservation. Whereas, the antiquities act of 1906 public law 59209 authorizes the president of the united states to designate as national monuments any historic landmarks, historic and prehistoric structures and other objects of historic or scientific interest that are located on land owned or controlled by the federal government. American antiquities act of 1906, 8 june 1906 american antiquities act of 1906 16 usc 431433 be it enacted by the senate and house of representatives of the united states of america in congress assembled, that any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or. The antiquities act of 1906 the antiquities act of 1906 authorizes the president to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.
Mar 25, 2015 the antiquities act dates back to 1906 and gives the president power to declare historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest. The law makes it illegal to excavate or remove from federal or indian lands any archeological resources without a permit from the land manager. Laws acquire popular names as they make their way through congress. Aug 22, 2016 the antiquities act was passed by congress in 1906 and signed into law by president teddy roosevelt in an effort to preserve american land after the pillage and destruction of a number of native american and archaeological sites in the southwest united states. American antiquities act of 1906 national park service.
Be it enacted by the senate and i ouse of representatives of the united public, no. Once the act became law, roosevelt used it actively and ef. The antiquities act and americas national monuments. Mar 08, 2019 the antiquities act, which became law in 1906 after years of debate, has played a rich and enduring role in protecting our nations history and heritage. The act created the basis for the federal governments efforts to protect archeological sites from looting and vandalism. Supreme court denied certiorari in a case that upheld president obamas designation under the antiquities act of the northeast canyons and seamounts marine national monument in the northern atlantic ocean. The antiquities act is a powerful piece of legislation. Antiquities act of 1906 national border, national park. To protect the antiquities act, dont abuse it congressman. The antiquities act is one of the most important pieces of conservation legislation in our nations history, providing the president. The antiquities act and how theodore roosevelt shaped it. The act was developed in response to concerns for the preservation of americas archaeological sites and the artifacts and information they contained. It also provides the foundation of a centurys worth.
While much recent focus on the antiquities act has been on the presidents ability to use the act to declare national monuments, the act also makes it a crime to appropriate, excavate, injure, or destroy antiquities or prehistoric native american ruins. May 15, 2019 he antiquities act was enacted in 1906 in response to the destruction of prehistoric ruins and other archaeological sites in the western united states, often by amateur archaeologists and treasure hunters. Designations under the act apply only to federal lands. The president of the united states is authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric. The president has no power unilaterally to abolish a. Apr 26, 2017 president theodore roosevelt, who signed the antiquities act into law, created 18 monuments, including the grand canyon and olympic national park in washington, totaling more than a million acres. Antiquities act of 1906 constitutional law reporter. The antiquities act has been used by 17 presidents from both parties and, more. His personal testimony was bolstered by a report by anthropologist edgar lee hewett that detailed the cultural and scientific value of the sites. A recent oped in the wall street journal by john yoo and todd gaziano argues such a power should be implied in that act.
The antiquities act of 1906, officially an act for the preservation of american antiquities, was passed by the u. The original intention of the antiquities act was to preserve objects on federal lands in danger of destruction. Legal studies research paper series working paper number 0716 june 15, 2007 the monumental legacy of the antiquities act of 1906. This law gives the president of the united states the authority to, by presidential proclamation, create national monuments from federal lands to protect significant natural, cultural, or. Pdf the monumental legacy of the antiquities act of 1906. This description of the act, as amended, tracks the language of the united states code except that following common usage we refer to the act meaning the act, as amended rather than to the subchapter or the title of the code. This act may be cited as the americas natural treasures of immeasurable quality unite, inspire, and together improve the economies of states act or the antiquities act. Through a long process before the act was passed by congress and signed by president theodore roosevelt on june 8, the act became much more important as a measure, and to some in. The president used a significant piece of legislation created at the beginning of the 20th century. The original of the antiquities act, as signed by theodore roosevelt on june 8, 1906, and filed the next day. September 24, 1906, by president theodore roosevelt, devils tower is our oldest national monument and represents the first time the antiquities act of 1906 was used to preserve. In 1976, congress reaffirmed its intention to provide the president with land protection authority when it passed the federal land policy and management act. Apr 26, 2017 the law was signed by teddy roosevelt in 1906.
Lacey of iowa introduced the antiquities act after traveling to several sites in the southwestern united states that had been ravaged by pot hunters. The antiquities act stands as an important achievement in the progress of conservation and preservation efforts in the united states. John muir and the 1906 antiquities act sierra club. Federation of american scientists science for a safer. The antiquities act has been crucial for preserving many of americas most popular public lands. It grants broad authority to the president to designate a. The antiquities act of 1906 authorizes the president of the united states to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic. The antiquities act of 1906, or an act for the preservation of. Laceys report to congress became the basis for the antiquities act, which was signed into law by president theodore roosevelt on june 8, 1906. Antiquities act in 1906 to empower the president to protect some of that federal land promptly. Federation of american scientists science for a safer, more. After a generationlong effort, president theodore roosevelt signed the antiquities act on june 8, 1906.
Be it enacted by the senate and house of representatives of the united states of. The antiquities act federation of american scientists. The president has no power unilaterally to abolish a national. June 1906 he signed the act making it united states law. While that government had acquired land since its founding, the government substantially increased its. The antiquities act of 1906 and presidential proclamations. The antiquities act of 1906 gives the president power to establish national monuments on public lands through presidential proclamation. Legal studies research paper series working paper number 0716 june 15, 2007 the monumental legacy of the antiquities act of 1906 mark squillace university of colorado law school. The antiquities act and americas national monuments the pew. The antiquities act is neither long nor complicated. See mark squillace, the monumental legacy of the antiquities act of 1906, 37 ga.
National monuments and the antiquities act congressional research service summary the antiquities act of 1906 authorizes the president to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The nineteen century saw substantial western expansion of the united states, and it was the federal government that acquired the land making that expansion possible. The question is therefore whether such a power may be implied. The president is to reserve the smallest area compatible with the. The three parts of the antiquities act the act for the preservation of american antiquities, enacted on june 8, 1906 3k stat. Jul 31, 2017 american antiquities act of 1906 within this act, 54 u. It was the first legislation designed to protect and preserve historic landmarks, cultural sites, and objects of scientific interest within the united states. The antiquities act and americas national monuments the. Code usc 3203020303, the president of the united states is authorized to declare historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest, that are situated upon the lands owned or controlled by the federal government, to be. The president of the united states is authorized, in his discretion, to declare by public proclamation his. The antiquities act of 1906 the president of the united states is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric.
United states history section ii total time 1 hour, 30. States of america in congress assembled, that any person who shall amerin. The antiquities act of 1906 authorizes the president to declare, by proclamation, that objects of historic or scientific interest on federal lands are designated as national monuments. Sectionbysection analysis section 1 amends section 2 of the act of june 8, 1906, popularly known as the antiquities act to require the president, to the extend consistent with the protection of the resources to be designated, to. The antiquities act of 1906 authorizes the president to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. What is the antiquities act and why does president trump want. National monuments and the antiquities act november 30, 2018 open pdf 1 mb the antiquities act of 1906 authorizes the president to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest. The antiquities act set an important precedent by asserting a broad public interest in the preservation of these resources on federal lands. In 1906, congress enacted the antiquities act authorizing the executive branch to create national monuments for historic. An act for the preservation of american antiquities. The antiquities act dates back to 1906 and gives the president power to declare historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest on federal lands. Scope of authority for modification of natgional monuments congressional research service summary the antiquities act of 1906 authorizes the president to declare, by proclamation, that objects of historic or scientific interest on federal lands are designated as national monuments. Designation under the antiquities act of 1906 we have been asked by our client, national parks conservation association, whether a sitting president may unilaterally abolish or materially change a national monument that was established by an earlier president under the authority of the antiquities act of 1906. American antiquities act of 1906 16 usc 431433 be it enacted by the senate and house of representatives of the united states of america in congress assembled, that any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object.
American antiquities, gives the president of the united states authority. Chapter viii the proclamation of national monuments. Since its enactment in 1906, presidents have used the antiquities act to establish 158 monuments, reserving millions of acres of land in the. The antiquities act of 1906 the president of the united states is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon. As a leader of the progressive political movement, roosevelt encouraged the development of conservation and preservation legislation like the antiquities act. Although the antiquities act authorized the president to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of or scientific interest situated on lands owned or controlled by the united states to be. Congress and signed by president theodore roosevelt on june 8, 1906.
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