Part I of this Comment discusses the background of the Antiquities Act, including: the legislature’s intent in drafting the Act, changes to the law, and how it has been used throughout the years. This section then discusses various legal challenges to designations made under the Antiquities Act and looks at why these designations are sometimes controversial. Part II discusses the calls by many politicians to either amend or repeal the Act and explains why current proposed legislation is insufficient. This Comment critiques the proposed legislation and calls for the passage of sensible legislation that would require a more transparent designation process while also implementing more concrete requirements for how national monuments are modified or designated. Part III concludes by explaining why the Antiquities Act should be amended, not repealed, in order to ensure the protection of public lands for future generations.
The Transformation of the Antiquities Act: A Call for Amending the President’s Power Regarding National Monument Designations, 49 Golden Gate U. L. Rev. 117