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Samuel Beck

Jackie Burr, Instructor

English 1010, Course 4

27 December, 2017

The Controversy Over Bears Ears National Monument

For thousands of years, Navajo, Ute, Paiute, and Hopi, along with countless other

indigenous peoples have built and lived in the Bears Ears and surrounding areas. Many

descendants of these very people still hold claim to the land, it is their home. As in most every

culture, a great love and admiration is felt toward the land of their heritage. Shaun Chapoose, a

tribal leader of the Utes describes the land, “Imagine you're out, and you're in an area that's never

been touched, where it's so quiet you could hear a bird flutter. You could hear squirrels chirping.

But your views aren't disrupted by modern lights or nothing.” (Kelly). This land, as sacred and

important as it is, will no longer be protected by the federal government as it was before. Interior

Secretary Ryan Zinke proposed back in August to reduce the size of Bears Ears, Grand Staircase

Escalante, Gold Bute, and others from the request of President Trump earlier this year to review

all national monuments established since 1996 that cover an area larger than 100,000 acres

(Cama). The plan was laid out by President Donald J. Trump on the steps of the Utah Capitol

building this December, is to reduce the size of Bears Ears National Monument by 1,148,603

(85% of the previous monuments acreage) (“Trump Expected to Slice Monuments by More Than

Previously Signaled” 1). This reduction of national monuments across the country has enraged a

range of audiences from outdoor retailers to Native Americans, many of which have promised to

sue the federal government from the moment Trump announced the reduction. Republican

government officials from Utah are ecstatic that president has heard them and is stepping in to
reverse the federal land grabs that are these monuments. Bears Ears has always been full of much

controversy in Utah from the first introduction in 2015 to the possible destruction in 2017, each

side with its own ranks of supporters. This monument and others like it were created in a similar

fashion, under the Antiquities Act of 1906 wherein a president has “unilateral authority” to

protect and set aside land he believes to be in danger (“Trump Expected to Slice Monuments by

More Than Previously Signaled” 1).

Figure 1: “Reports: Bears Ears to be cut by 85 percent, Grand Staircase by half,” Deseret News,
November 30, 2017. Deseret News.
Thousands upon thousands of ruins lay within the monument, of which range from the

magnificent cliff dwellings to the awe inspiring Newspaper rock where over 650 writings are

found (“Bears Ears is home to more than 100,000 Native American archaeological and cultural
sites considered sacred by many tribes”). The belief of the tribes is that once the reduction is

made to Bears Ears and the land is returned to the state, proper protections will not be put in

place to preserve their heritage. In response to president Trump’s announcement to reduce this

and other monuments the Bears Ears Coalition has promised to sue because they believe it to be

unconstitutional. On December 4, 2017 President Trump gave the official statement to reduce the

sacred monument by more than 85%. Immediately following the act the Navajo Nation, NARF

(representing the Hopi Tribe, Pueblo of Zuni, and Ute Mountain Ute Tribe), and the Ute Indian

Tribe filed a lawsuit against the president (“Tribes File Suit to Protect Bears Ears”). In attempt to

not allow history to repeat itself and have their land taken again, the natives are fighting back and

this time with the backup of conservationist, outdoor recreational companies, ranchers, and

thousands of concerned citizens. The lawsuits goal is to reset the monument in its original status

as organized by president Obama in 2015. The tribes belief is that the action to revoke and

replace the monuments was a presidential power abuse and not constitutional or acceptable under

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.” The President is to reserve “the smallest area compatible

with the proper care and management of the objects to be protected.” ("Establishment of

National Monuments: Controversies Surrounding the Antiquities Act”). The president is to

preserve and protect as states in the Act, but nowhere written is it stated that a president may

revoke or replace. This is the key argument in the lawsuit, that is is unconstitutional and that the

president does not have the rights or the authority to do what he has done. The lawsuits are still

underway and they outcome at the moment remains uncertain.


Freedom of religion has been of the highest degree of importance in American politics

since the creation of this country. Our Founding Fathers built this country on religious principles

and believed in a true, unchanging freedom to practice that religion as desired. Freedom of

religion is a fundamental part of the United States, then and now and will continue to go on as

such. The land in and around Bears Ears is sacred to the Native tribes surrounding it. There are

cities of great importance spread throughout the monument both ancient and new. The Bears

Ears Coalition website has a page dedicated to the importance of the land to the natives:

Native American connections to Bears Ears aren’t just about protecting the past.

Many Native Americans visit the area on a regular basis for ceremonies and to

connect with their ancestors. The Navajo Nation and the White Mesa Ute

Reservation border Bears Ears on the south and east, respectively. Navajo and Ute

people frequent the land to collect herbs and medicine, forage for food (such as

piñon nuts), gather firewood for heating and ceremonial use, and to hunt game.

(“Bears Ears is home to more than 100,000 Native American archaeological and

cultural sites, considered sacred by many tribes”)

Some other affected parties to the shrunken size of the national monuments are

conservationists, environmentalists, and scientists. These groups were of the first to file a lawsuit

against president Trump, “The groups say Trump's decision endangers a "Dinosaur Shangri-la"

full of fossils. Some dinosaur fossils sit on a plateau that is home to one of the country's largest

known coal reserves, which could now be open to mining.” (Woodward 3). This article goes on

to say how this large reserve of fossils is also the same point where one of the country's largest

coal reserves lie, implying that if the restriction of mining and drilling is lifted then these fossils

may be endangered. In a national monument drilling, tapping, and mining are all prohibited but
when Trump reduces the size of Bears Ears all of the land that was monument and now is not

became opened up to mining companies. Alongside of native americans, these groups are

fighting vicious in courts to have the legislation reversed and the monuments returned to their

original status. Randi Spivak of the Center for Biological Diversity said in short, reducing the

size of the monuments has given the title of worst modern president to president Trump ( "In

Utah, Trump to Outline Plans to Shrink Monuments") 150 scientists form 19 states all sent in

letters to the administration explaining why each and everyone of them saw the importance and

need to protect Bears Ears for the natural wonders and paleontology work that can be done there.

Arguing the land was full of marvelous wonders and cannot be allowed to become susceptible to

possible destruction through improper protection. Through the paleontology work that has been

conducted in the area over the past years has discovered 27 brand new species not known to

science, as well as a whole phase of mammal evolution ("Trump Expected to Slice Monuments

by More Than Previously Signaled.").

Senator Orrin Hatch of Utah called in his special favour with president Trump to make

this all possible. Hatch gave Trump his support during the republican nomination campaign and

it helped sway the vote so in turn Trump owed Hatch. Trump doing his part of the favour, “I'm

approving the Bears Ears recommendation for you, Orrin," Trump told the senator in a morning

phone call, according to Hatch's office (Eilperin, Darryl 1). The land in and around Bears Ears is

rich with minerals and prim for mining and thus Hatch urged Trump to allow for mining in the

monument area. Hatch goes on to tell of how Republicans, himself included see the important in

protecting the sacred artifacts within the monument, but also see the immense economic

opportunity through mining. His own people and some of the Trump administration have gone

throughout Utah getting the opinions of locals of the area and tribes to see how to best reach a
conclusion to the problem. It's a very popular thing with the public to get them involved on an

issue that really does affect them, shown through an example given by the mayor of San Juan

county, the country in which Bears Ears is located, he says,”We're tickled to death. You have a

president of the United States who's interested in a county in Utah with 15,000 residents."

(Eilperin, Darryl 2).

President Trump and Senator Hatch alike are not interested in destroying the monuments

or allowing what is in the monuments to disappear, they want to find a middle ground where the

natives and conversationalists are appeased but at the same time their agenda is to reverse the

federal land grab they call Bears Ears and give it back to the state. They recognize the spiritual

importance of the land to the natives and so they went and talked to them, attempting to find a

place to set aside that will work for the population as a whole. The native american groups in the

area are going to continue to fight the legislation and try to prevent being overrun again and

force their voice to be heard. The land is sacred to them and in no way do they want to give it up.

For the time being and unless the legislation is overturned in the courts then Bears Ears has been

split up and cut by 85% of its original size, the 15% will continue to remain at a National

Monument.

Works Cited

“Bears Ears is home to more than 100,000 Native American archaeological and cultural sites,

considered sacred by many tribes.” Native American Connections. Native American

Connections. Web. 12 Dec. 2017

Calvin Woodward and Brady McCombs - Associated, Press. AP FACT CHECK:

Trump's Curious Case for Shrinking Monuments. US News Online, Associated Press
DBA Press Association, 12/06/2017. EBSCOhost,

Cama, Timothy. “Trump orders review of national monuments.” The Hill. The Hill, 27 April

2017. Web. 1 Dec. 2017.

Eilperin, Juliet and Darryl Fears. "Trump Wants to Reduce Bears Ears; Native Americans Vow

to

Fight in Court." The Washington Post. 10. EBSCOhost. Web. 1 Dec. 2017.

"Establishment of National Monuments: Controversies Surrounding the Antiquities Act."

Congressional Digest, vol. 96, no. 6, June 2017, p. 6. EBSCOhost. Web. 26 Dec. 2017.

Juliet, Eilperin. "In Utah, Trump to Outline Plans to Shrink Monuments." Washington Post, the,

11. EBSCOhost. Web. 1 Dec. 2017.

Juliet, Eilperin. "Trump Expected to Slice Monuments by More Than Previously Signaled."

Washington Post, the, Mar. 0012. EBSCOhost. Web. 1 Dec. 2017.

Kelly, Mary L. “Native Americans React To Cuts To Bears Ears National Monument.” NPR,

NPR, 4 Dec. 2017. Web. 19 Dec. 2017.

“Tribes File Suit to Protect Bears Ears.” Bears Ears Coalition. Bears Ears Coalition. 04 Dec.

2017. Web. 26 Dec. 2017

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