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National Monuments and National Conservation Areas: A Comparison in Light of the Bears Ears Proposal

Stegner Center White Paper No. 2016-02

University of Utah College of Law Research Paper No. 180

17 Pages Posted: 11 Sep 2016 Last revised: 5 Oct 2016

John Ruple

University of Utah, S.J. Quinney College of Law

Robert B. Keiter

University of Utah - S.J. Quinney College of Law

Andrew Ognibene

University of Virginia - School of Law, Alumnus or Degree Candidate Author

Date Written: September 9, 2016

Abstract

Southeastern Utah is the site of an intense and ongoing debate over how to manage and protect our public lands. While a broad consensus has emerged favoring additional protections for the region, what form those protections should take is a matter of intense debate. Congressmen Rob Bishop and Jason Chaffetz propose to protect the region via two adjacent National Conservation Areas (NCA): the Bears Ears NCA (857,603 acres), and the Indian Creek NCA (434,354 acres). In contrast, a group of five Native American tribes is urging President Obama to proclaim a Bears Ears National Monument spanning 1.9 million acres, which would include the land from the two NCAs noted above plus an additional 608,000 culturally-sensitive acres. This paper compares and contrasts congressional NCA designations, and presidential national monument proclamations. Our aim is to compare the two mechanisms as they relate to this common landscape, and to inform the public’s understanding of each.

Suggested Citation

Ruple, John and Keiter, Robert B. and Ognibene, Andrew, National Monuments and National Conservation Areas: A Comparison in Light of the Bears Ears Proposal (September 9, 2016). Stegner Center White Paper No. 2016-02; University of Utah College of Law Research Paper No. 180. Available at SSRN: https://ssrn.com/abstract=2836986 or http://dx.doi.org/10.2139/ssrn.2836986

John Ruple (Contact Author)

University of Utah, S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-581-6545 (Phone)

Robert Keiter

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Andrew Ognibene

University of Virginia - School of Law, Alumnus or Degree Candidate Author ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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