Grand Staircase-Escalante National Monument Antiquates the Antiquities Act
The Straw that Broke the Camel's Back? Grand Staircase-Escalante National Monument Antiquates the Antiquities Act ERIC C. RUSNAK* The public lands of the United States have always provided the arena in which we Americans have struggled to fulfill our dreams. Even today dreams of wealth, adventure, and escape are still being acted out on these far flung lands. These lands and the dreams-fulfilled and unfulfilled-which they foster are a part of our national destiny. They belong to all Americans. 1 I. INTRODUCTION For some Americans, public lands are majestic territories for exploration, recreation, preservation, or study. Others depend on public lands as a source of income and livelihood. And while a number of Americans lack awareness regarding the opportunities to explore their public lands, all Americans attain benefits from these common properties. Public land affect all Americans. Because of the importance of these lands, heated debates inevitably arise regarding their use or nonuse. The United States Constitution grants to Congress the "[p]ower to dispose of and make all needful Rules and Regulations respecting the... Property belonging to the United States." 2 Accordingly, Congress, the body representing the populace, determines the various uses of our public lands. While the Constitution purportedly bestows upon Congress sole discretion to manage public lands, the congressionally-enacted Antiquities Act conveys some of this power to the president, effectively giving rise to a concurrent power with Congress to govern public lands. On September 18, 1996, President William Jefferson Clinton issued Proclamation 69203 under the expansive powers granted to the president by the Antiquities Act4 ("the Act") establishing, in the State of Utah, the Grand * B.A., Wittenberg University, 2000; J.D., The Ohio State University Moritz College of Law, 2003 (expected).
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