Bears Ears National Monument

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[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]

[Presidential Documents]

[Pages 57321-57334]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-22672]

Presidential Documents

Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 57321]]

Proclamation 10285 of October 8, 2021

Bears Ears National Monument

By the President of the United States of America

A Proclamation

President Barack Obama's establishment of the Bears

Ears National Monument in Proclamation 9558 of December

28, 2016, represented the culmination of more than a

century of efforts to protect the ancestral homeland of

Tribal Nations that all refer to the area by the same

name--Hoon'Naqvut (Hopi), Shash Jaa' (Navajo),

Kwiyagatu Nukavachi (Ute), and Ansh An Lashokdiwe

(Zuni): Bears Ears. Preserving the sacred landscape and

unique cultural resources in the Bears Ears region was

an impetus for passage of the Antiquities Act in 1906.

As early as 1904, advocates for protection of cultural

landscapes described for the Congress the tragedy of

the destruction of objects of historic and scientific

interest across the American Southwest and identified

the Bears Ears region as one of seven areas in need of

immediate protection. Nevertheless, for more than 100

years, indigenous people, historians, conservationists,

scientists, archaeologists, and other groups advocated

unsuccessfully for protection of the Bears Ears

landscape

hwest and identified

the Bears Ears region as one of seven areas in need of

immediate protection. Nevertheless, for more than 100

years, indigenous people, historians, conservationists,

scientists, archaeologists, and other groups advocated

unsuccessfully for protection of the Bears Ears

landscape. It was not until the Hopi Tribe, Navajo

Nation, Ute Indian Tribe of the Uintah and Ouray

Reservation, Ute Mountain Ute Tribe, and Pueblo of Zuni

united in a common vision to protect these sacred lands

and requested permanent protection from President Obama

that Bears Ears National Monument became a reality. Few

national monuments more clearly meet the Antiquities

Act's criteria for protection than the Bears Ears

Buttes and surrounding areas. This proclamation

confirms, restores, and supplements the boundaries and

protections provided by Proclamation 9558, including

the continued reservation of land added to the monument

by Proclamation 9681 of December 4, 2017.

As Proclamation 9558 recognizes, the greater Bears Ears

landscape, characterized by deep sandstone canyons,

broad desert mesas, towering monoliths, forested

mountaintops dotted with lush meadows, and the striking

Bears Ears Buttes, has supported indigenous people of

the Southwest from time immemorial and continues to be

sacred land to the Hopi Tribe, Navajo Nation, Ute

Indian Tribe of the Uintah and Ouray Reservation, Ute

Mountain Ute Tribe, and Pueblo of Zuni. Approximately

two dozen other Tribal Nations and Pueblos have

cultural ties to the area as well.

of

the Southwest from time immemorial and continues to be

sacred land to the Hopi Tribe, Navajo Nation, Ute

Indian Tribe of the Uintah and Ouray Reservation, Ute

Mountain Ute Tribe, and Pueblo of Zuni. Approximately

two dozen other Tribal Nations and Pueblos have

cultural ties to the area as well.

Describing as much as 13,000 years of human occupation

of the Bears Ears landscape, Proclamation 9558

contextualizes the compelling need to protect one of

the most extraordinary cultural landscapes in the

United States. The proclamation describes the

landscape's unique density of significant cultural,

historical, and archaeological artifacts spanning

thousands of years, including remains of single family

homes, ancient cliff dwellings, large villages,

granaries, kivas, towers, ceremonial sites, prehistoric

steps cut into cliff faces, and a prehistoric road

system that connected the people of Bears Ears to each

other and possibly beyond. Proclamation 9558 also

describes the cultural significance and importance of

the area, exemplified by the petroglyphs, pictographs,

and recent rock writings left by the indigenous people

that have inhabited the area since time immemorial.

In addition to cultural and historic sites,

Proclamation 9558 describes the Bears Ears landscape's

unique geology, biology, ecology, paleontology, and

[[Page 57322]]

mplified by the petroglyphs, pictographs,

and recent rock writings left by the indigenous people

that have inhabited the area since time immemorial.

In addition to cultural and historic sites,

Proclamation 9558 describes the Bears Ears landscape's

unique geology, biology, ecology, paleontology, and

[[Page 57322]]

topography. The proclamation identifies geologic

formations rich with fossils that provide a rare and

relatively complete picture of the paleoenvironment,

striking landscapes, unique landforms, and rare and

important plant and animal species. While not objects

of historic and scientific interest designated for

protection, the proclamation also describes other

resources in the area, historic grazing, and world

class outdoor recreation opportunities--including rock

climbing, hunting, hiking, backpacking, canyoneering,

whitewater rafting, mountain biking, and horseback

riding--that support a booming travel and tourism

sector that is a source of economic opportunity for

local communities.

To protect this singular and sacred landscape,

President Obama reserved approximately 1.35 million

acres through Proclamation 9558 as the smallest area

compatible with protection of the objects identified

within the boundaries of the monument. He also

established the Bears Ears Commission to ensure that

management of the monument would be guided by, and

benefit from, expertise of Tribal Nations and

traditional and historical knowledge of the area.

compatible with protection of the objects identified

within the boundaries of the monument. He also

established the Bears Ears Commission to ensure that

management of the monument would be guided by, and

benefit from, expertise of Tribal Nations and

traditional and historical knowledge of the area.

On December 4, 2017, President Donald Trump issued

Proclamation 9681 to reduce the lands within the

monument by more than 1.1 million acres. In doing so,

Proclamation 9681 removes protection from objects of

historic and scientific interest across the Bears Ears

landscape, including some objects that Proclamation

9558 specifically identifies by name for protection.

Multiple parties challenged Proclamation 9681 in

Federal court, asserting that it exceeds the

President's authority under the Antiquities Act.

Restoring the Bears Ears National Monument honors the

special relationship between the Federal Government and

Tribal Nations, correcting the exclusion of lands and

resources profoundly sacred to Tribal Nations, and

ensuring the long-term protection of, and respect for,

this remarkable and revered region

Restoring the Bears Ears National Monument honors the

special relationship between the Federal Government and

Tribal Nations, correcting the exclusion of lands and

resources profoundly sacred to Tribal Nations, and

ensuring the long-term protection of, and respect for,

this remarkable and revered region. Given the unique

nature and cultural significance of the objects

identified across the Bears Ears landscape, the threat

of damage and destruction to those objects, their

spiritual, cultural, and historical significance to

Tribal Nations, and the insufficiency of the

protections afforded in the absence of Antiquities Act

protections, the reservation described below is the

smallest area compatible with the proper care and

management of the objects of historic and scientific

interest named in this proclamation and Proclamation

9558.

The Bears Ears landscape--bordered by the Colorado

River to the west, the San Juan River and the Navajo

Nation to the south, low bluffs and high mesas to the

east and north, and Canyonlands National Park to the

northwest, and brimming with towering sandstone spires,

serpentine canyons, awe-inspiring natural bridges and

arches, as well as the famous twin Bears Ears Buttes

standing sentinel over the sacred region--is not just a

series of isolated objects, but is, itself, an object

of historic and scientific interest requiring

protection under the Antiquities Act

serpentine canyons, awe-inspiring natural bridges and

arches, as well as the famous twin Bears Ears Buttes

standing sentinel over the sacred region--is not just a

series of isolated objects, but is, itself, an object

of historic and scientific interest requiring

protection under the Antiquities Act. Bears Ears is

sacred land of spiritual significance, a historic

homeland, and a place of belonging for indigenous

people from the Southwest. Bears Ears is a living,

breathing landscape, that--owing to the area's arid

environment and overall remoteness, as well as the

building techniques that its inhabitants employed--

retains remarkable and spiritually significant evidence

of indigenous use and habitation since time immemorial,

including from the Paleoindian Period, through the time

of the Basketmakers and Ancestral Pueblos, to the more

recent Navajo and Ute period, and continuing to this

day. There are innumerable objects of historic or

scientific interest within this extraordinary

landscape. Some of the objects are also sacred to

Tribal Nations, are sensitive, rare, or vulnerable to

vandalism and theft, or are dangerous to visit and,

therefore, revealing their specific names and locations

could pose a danger to the objects or the public. The

variety, density, and prevalence of these objects, such

as prehistoric roads, structures, shrines, ceremonial

sites, graves, pots, baskets, tools, petroglyphs,

pictographs, and items of clothing, all contribute

[[Page 57323]]

their specific names and locations

could pose a danger to the objects or the public. The

variety, density, and prevalence of these objects, such

as prehistoric roads, structures, shrines, ceremonial

sites, graves, pots, baskets, tools, petroglyphs,

pictographs, and items of clothing, all contribute

[[Page 57323]]

to the uniqueness of this region and underscore its

sacred nature and living spiritual significance to

indigenous people.

Many of the Tribal Nations that trace their ancestral

origin to this area and continue their spiritual

practices on these lands today view Bears Ears as a

part of the personal identity of their members and as a

cultural living space--a landscape where their

traditions began, where their ancestors engaged in and

handed down cultural practices, and where they

developed and refined complex protocols for caring for

the land. The Bears Ears region is also a tangible

location that is integral to indigenous ceremonial

practices, cultural traditions, and the sustainment of

the daily lives of indigenous peoples. Since time

immemorial, the lands of the Bears Ears region have

fostered indigenous identity and spirituality.

Indigenous people lived, hunted, gathered, prayed, and

built homes in the Bears Ears region. As a result, each

geographic subregion and the mountains, canyons, mesa

tops, ridges, rivers, and streams therein that make up

the Bears Ears landscape hold cultural significance

tered indigenous identity and spirituality.

Indigenous people lived, hunted, gathered, prayed, and

built homes in the Bears Ears region. As a result, each

geographic subregion and the mountains, canyons, mesa

tops, ridges, rivers, and streams therein that make up

the Bears Ears landscape hold cultural significance.

These individual locales come together as objects of

historic and scientific interest--many of which have

spiritual significance to indigenous people and are

located across this living landscape--to tell stories,

facilitate the practice of traditions, and serve as a

mnemonic device that elders use to teach younger

generations where they came from, who they are, and how

to live. Resources found throughout the Bears Ears

region, including wildlife and plants that are native

to the region, continue to serve integral roles in the

development and practice of indigenous ceremonial and

cultural lifeways. From family gatherings, dances, and

ceremonies held on these sacred lands, to gathering

roots, berries, firewood, pinon nuts, weaving

materials, and medicines across the region, Bears Ears

remains an essential landscape that members of Tribal

Nations regularly visit to heal, practice their

spirituality, pray, rejuvenate, and connect with their

history.

hese sacred lands, to gathering

roots, berries, firewood, pinon nuts, weaving

materials, and medicines across the region, Bears Ears

remains an essential landscape that members of Tribal

Nations regularly visit to heal, practice their

spirituality, pray, rejuvenate, and connect with their

history.

The Bears Ears region is also important to, and shows

recent evidence of, non-Native migrants to the area.

From the smoothed-over surfaces of the Hole-in-the-Rock

Trail to the historic cattle-ranching cabins, and the

convoluted series of passages and hideouts used by men

like Butch Cassidy, the Sundance Kid, and other members

of the Wild Bunch on the Outlaw Trail, including

Hideout Canyon, the Bears Ears landscape conveys the

story of westward expansion of European Americans and

the settlement of Latter-day Saint communities in

southern Utah. Hispanic sheep herders from New Mexico

also migrated into this area during the late 1800s, and

many of their descendants continue to live in local

communities.

Despite millennia of human habitation, the Bears Ears

landscape remains one of the most ecologically intact

and least-roaded regions in the contiguous United

States. As a result, the area continues to provide

habitat to a variety of threatened, endangered,

sensitive, endemic, or otherwise rare species of

wildlife, fish, and plants. The area also contains a

diverse array of species that benefit from the

preservation of the landscape's intact ecosystems.

States. As a result, the area continues to provide

habitat to a variety of threatened, endangered,

sensitive, endemic, or otherwise rare species of

wildlife, fish, and plants. The area also contains a

diverse array of species that benefit from the

preservation of the landscape's intact ecosystems.

The Bears Ears landscape also tells the stories of

epochs past. The area's exposed geologic formations

provide a continuous record of vertebrate life in North

America as well as a rich history of invertebrate

fossils. The Chinle Formation, and the Wingate,

Kayenta, and Navajo Formations above it, demonstrate

how the Triassic Period transitioned into the Jurassic

Period and provide critical insight into both how

dinosaurs dominated terrestrial ecosystems and how our

mammalian ancestors evolved. The discovery of several

taxa, including a prosauropod that gets its name from a

Navajo word tied to the region where it was found, the

archosauromorph Crosbysaurus harrisae, and a unique

phytosaur, have occurred exclusively within Bears Ears

or have significantly extended an extinct species'

known range. While paleontologists have only recently

begun to systematically survey and study much of the

fossil record in this region, experts are confident

[[Page 57324]]

that scientifically important paleontological resources

remain to be discovered, and future exploration will

greatly expand our understanding of prehistoric life on

the Colorado Plateau.

begun to systematically survey and study much of the

fossil record in this region, experts are confident

[[Page 57324]]

that scientifically important paleontological resources

remain to be discovered, and future exploration will

greatly expand our understanding of prehistoric life on

the Colorado Plateau.

The landscape itself is composed of several areas, each

of which is unique and an object of scientific and

historic interest requiring protection under the

Antiquities Act. Near the center is the Bears Ears

Buttes and Headwaters, the location of the iconic twin

buttes, which soar over the surrounding landscape and

maintain watch over the ancestral home of numerous

Tribal Nations. Containing dense fir and aspen forests

that provide firewood to heat homes as well as powerful

medicines and habitat for wild game species, Tribal

Nations view the high elevation oasis as the key to

life in the Bears Ears region. The Bears Ears Buttes

also hold historical significance to the Navajo people,

as the landscape and natural cliff dwellings served as

hiding places to escape the United States military

during the forced Long Walk, where more than 11,000

Navajo were marched up to 450 miles on foot to

internment camps in Fort Sumner, New Mexico. Many

Navajo hid in the remote canyons to avoid the forced

removal from their traditional homelands in the

Southwest by the United States from 1864 to 1868.

during the forced Long Walk, where more than 11,000

Navajo were marched up to 450 miles on foot to

internment camps in Fort Sumner, New Mexico. Many

Navajo hid in the remote canyons to avoid the forced

removal from their traditional homelands in the

Southwest by the United States from 1864 to 1868.

In the northern part of the Bears Ears landscape lies

Indian Creek, the home of a world-renowned canyon

characterized by sheer red cliffs and spires of exposed

and eroded layers of Navajo, Kayenta, Wingate, and

Cedar Mesa Sandstone, including the iconic North and

South Six-Shooter Peaks. The canyon includes famous

vertical cracks striating its sandstone walls and the

area provides important habitat for a multitude of

plant and animal species. Indian Creek's palisades

provide eyries for peregrine falcons and potential

nesting sites for bald and golden eagles, and the

Lockhart Basin area and Donnelly Canyon contain Mexican

spotted owl habitat. The Indian Creek area further

provides critical winter grounds for big-game species

such as mule deer, elk, and bighorn sheep and potential

habitat for endangered fish and threatened plant

species. The prominent Bridger Jack and Lavender Mesas

are home to largely unaltered relict plant communities

composed of pinyon-juniper woodlands interspersed with

small sagebrush islands

cies

such as mule deer, elk, and bighorn sheep and potential

habitat for endangered fish and threatened plant

species. The prominent Bridger Jack and Lavender Mesas

are home to largely unaltered relict plant communities

composed of pinyon-juniper woodlands interspersed with

small sagebrush islands. It is also in Indian Creek

that one can find Newspaper Rock, a massive petroglyph

panel displaying a notable concentration of rock

writings from persons of the Basketmaker and Ancestral

Pueblo periods, the Ute and Navajo people who still

live in the Four Corners area and beyond, and early

settlers of European descent. Indian Creek also

contains possible evidence of trade with cultures

extending into Mesoamerica, including a thousand-year-

old ornamental sash found in the area made from azure

and scarlet macaw feathers as well as a petroglyph

featuring a macaw-like bird figure. Shay Canyon is a

side canyon that houses extensive, well-preserved

petroglyph panels from multiple prehistoric periods.

The panels contain a unique rock writing style that is

believed to be both Freemont and Ancestral Pueblo in

origin. Harts Point is an escarpment that provides

spectacular views of the Indian Creek Canyon. These

mesa tops also contain evidence of historic connections

of indigenous people to the region. Additionally,

Indian Creek provides fossilized trackways of early

tetrapods and fossilized traces of marine and aquatic

creatures such as clams, crayfish, fish, and aquatic

reptiles dating to the Triassic Period.

mesa tops also contain evidence of historic connections

of indigenous people to the region. Additionally,

Indian Creek provides fossilized trackways of early

tetrapods and fossilized traces of marine and aquatic

creatures such as clams, crayfish, fish, and aquatic

reptiles dating to the Triassic Period.

Southwest of Indian Creek and geographically nestled

between the Needles District of Canyonlands National

Park, the Dark Canyon Wilderness area, and the Glen

Canyon National Recreation Area, lie Beef Basin and

Fable Valley, areas characterized by well-preserved

Ancestral Pueblo surface sites--including freestanding

Pueblo masonry structures and towers--as well as

petroglyphs and pictographs. The areas are unique in

their high concentration of large, mesa-top Pueblo

structures. Sites in this region may also provide

evidence of some of the furthest north migration of

Pueblo in the Mesa Verde region.

Just south of Indian Creek, the westernmost edge of the

Abajo Mountains forms the eastern boundary of the Bears

Ears landscape. An island laccolith

[[Page 57325]]

series of peaks and domes known also as the Blue

Mountains due to the appearance of their heavily

forested slopes contrasted against the red desert that

surrounds them, the Abajo Mountains are rich in

wildlife and home to several rare and sensitive plant

species

An island laccolith

[[Page 57325]]

series of peaks and domes known also as the Blue

Mountains due to the appearance of their heavily

forested slopes contrasted against the red desert that

surrounds them, the Abajo Mountains are rich in

wildlife and home to several rare and sensitive plant

species. As a result of the breadth of species, the

Abajo Mountains have long been a traditional hunting

ground for the indigenous people that have lived in the

area and are held sacred by a number of Tribal Nations,

including the Navajo Nation, Pueblo of Zuni, and Ute

Indian Tribes. These peaks represent the highest

elevations in the Bears Ears landscape and provide

unbroken views of the entire region.

South of Beef Basin and Indian Creek, the landscape

contains a number of sandstone canyons that drain the

northern edge of the Abajo Mountains and Elk Ridge,

including the Tuerto, Trough, Ruin, and North

Cottonwood Canyons, at the bottom of which runs a

perennial creek. Ancestral Pueblo sites within this

area have special significance to the Pueblos of New

Mexico, who identify these sites as part of their

ancestral footprints that extend their traditional

territory north of the Abajo Mountains. The area, which

is composed of both Cedar Mesa Sandstone and Chinle

Formation deposits, has a very high potential for

Permian and Triassic fossils.

os of New

Mexico, who identify these sites as part of their

ancestral footprints that extend their traditional

territory north of the Abajo Mountains. The area, which

is composed of both Cedar Mesa Sandstone and Chinle

Formation deposits, has a very high potential for

Permian and Triassic fossils.

The South Cottonwood Canyon region, characterized by

prominent sandstone escarpments surrounded by forests

of pinyon, juniper, and Gambel oak, interspersed with

stands of ponderosa pine and mixed conifers, is

situated west of the Abajo Mountains and south of the

prominent sandstone towers known as the Chippean Rocks.

The isolated area contains intact cultural landscapes

of early Ancestral Pueblo communities. Some sites are

organized as a larger central village surrounded by

smaller family-sized dwellings, while others are large

and inaccessible granaries. This region is home to a

diversity of wildlife, including Townsend's big-eared

bats, beavers, and ringtail cats, as well as the Cliff

Dwellers Pasture Research Natural Area, an ungrazed box

canyon with a unique vegetative community and an

imposing sandstone arch and natural bridge. The area

also contains excellent big game habitat and is

considered prime mule deer, elk, and black bear hunting

grounds.

cats, as well as the Cliff

Dwellers Pasture Research Natural Area, an ungrazed box

canyon with a unique vegetative community and an

imposing sandstone arch and natural bridge. The area

also contains excellent big game habitat and is

considered prime mule deer, elk, and black bear hunting

grounds.

Further west, South Cottonwood Canyon is home to a

unique density of Pueblo I to early Pueblo II village

sites that are considered important to both

archaeologists and Tribal Nations. One site, a

collapsed two-story block masonry structure that

appears to be an early version of a great house, was

built during a time when the development of this kind

of community structure was only beginning in Chaco

Canyon. More recently, the South Cottonwood Canyon area

proved critical to the survival of the White Mesa Ute

during Anglo settlement of southern Utah.

Paleontologically, there is high potential fossil yield

on both the west side of the area, which contains

portions of the Triassic Period Chinle and Moenkopi

Formations, and the east side, which is composed of

Jurassic Period Glen Canyon Group Kayenta Formation.

The area also provides critical habitat for Mexican

spotted owls, peregrine falcons, golden eagles, and

spotted bats.

he area, which contains

portions of the Triassic Period Chinle and Moenkopi

Formations, and the east side, which is composed of

Jurassic Period Glen Canyon Group Kayenta Formation.

The area also provides critical habitat for Mexican

spotted owls, peregrine falcons, golden eagles, and

spotted bats.

The Dark Canyon, Dry Mesa complex, located between Beef

Basin and White Canyon, is wild and remote. In Dark

Canyon--a canyon system that includes Peavine,

Woodenshoe, and other minor tributaries--rock walls,

which tower 3,000 feet above the canyon floor, provide

a sense of solitude and isolation from the surrounding

mesa tops. The canyon system, one of the only entirely

intact and protected canyons from its headwaters on the

Colorado Plateau to its confluence with the Colorado

River, includes numerous hanging gardens, springs, and

riparian areas and provides habitat for a wide range of

wildlife, including known populations of Mexican

spotted owl. Dry Mesa is relatively flat with stands of

ponderosa pine, oak, and pinyon and juniper that

provide foraging habitat for golden eagles and

peregrine falcons. Many Tribal Nations have strong

connections to sites in the area from three specific

time periods: ancient hunter-gatherers during the

Archaic period, Ancestral Pueblos during the Pueblo III

period, and

[[Page 57326]]

juniper that

provide foraging habitat for golden eagles and

peregrine falcons. Many Tribal Nations have strong

connections to sites in the area from three specific

time periods: ancient hunter-gatherers during the

Archaic period, Ancestral Pueblos during the Pueblo III

period, and

[[Page 57326]]

finally, Navajo, Ute, and Paiute families just before

and during European migration into the Four Corners

area. Visitors to the Dark Canyon Wilderness area will

find the Doll House, a fully-intact and well-preserved

single-room granary. Located at the bottom of Horse

Pasture Canyon and Dark Canyon, visitors will also find

Scorup Cabin, a line cabin originally built in Rig

Canyon and later moved to its current location, that

cowboys used as a summer camp while running cattle in

the area. The area also contains exposures of Permian

Period Cutler Group deposits that have a high potential

to contain both vertebrate and invertebrate fossils.

The White Canyon region, west of Dark Canyon, is a

remote area featuring an extensive complex of steep and

narrow canyons cut through light-colored Cedar Mesa

Sandstone. Once used by outlaws to evade authorities,

the area's slot canyons, including the Black Hole, Fry

Canyon, and Cheesebox Canyon, now draw adventurers in

search of multi-day, technical canyoneering

opportunities. The entire White Canyon area has a rich

paleontological history

d Cedar Mesa

Sandstone. Once used by outlaws to evade authorities,

the area's slot canyons, including the Black Hole, Fry

Canyon, and Cheesebox Canyon, now draw adventurers in

search of multi-day, technical canyoneering

opportunities. The entire White Canyon area has a rich

paleontological history. Research in the area is

ongoing, but recent discoveries of track sites in the

Triassic Moenkopi Formation and an assemblage of

invertebrate burrows suggest that a diverse fauna once

thrived here. Mollusks, phytosaurs, and possible

theropod and ornithischian fossils have also been found

in White Canyon.

Located between the Abajo Mountains and the Colorado

River, the high plateau of Elk Ridge provides stunning

views of the surrounding canyons and the Bears Ears

Buttes to the south. Visitors passing through the

Notch, a naturally occurring narrow pass between north

and south Elk Ridge, are treated to spectacular vistas

of Dark Canyon to the west and Notch Canyon to the

east. The area's higher elevations, which contain

pockets of ancient Engelmann spruce, rare stands of

old-growth ponderosa pine, aspen, and subalpine fir,

and a genetically distinct population of Kachina daisy,

provide welcome respite from the higher temperatures

found in the region's lower elevations, especially

during the summer. There is evidence that indigenous

people have hunted and gathered plants on Elk Ridge for

at least 8,000 years, a practice that continues today

and is considered sacred by the Navajo Nation

provide welcome respite from the higher temperatures

found in the region's lower elevations, especially

during the summer. There is evidence that indigenous

people have hunted and gathered plants on Elk Ridge for

at least 8,000 years, a practice that continues today

and is considered sacred by the Navajo Nation. Elk

Ridge also has a long history of livestock grazing by

Navajo and Ute families and later Anglo settlers. While

the mesa top is primarily dry, water naturally occurs

at the area's seeps and springs, as well as the

ephemeral Duck Lake, a seasonal wetland located on top

of Elk Ridge that results from snowmelt. The upper

reaches of the ridge also contain Upper Triassic

formations with a high potential to contain fossils.

To the east of Elk Ridge lies a major system of canyons

on National Forest System lands, including Hammond

Canyon, Upper Arch Canyon, Texas Canyon, and Notch

Canyon. This deeply incised canyon system is composed

of stunning red sandstone walls, white pinnacles, lush

green foliage, and several small waterfalls. Uniquely,

the area also contains large sandstone towers and

hoodoos in a forested setting. The Hammond Canyon area,

which is central to the history of the White Mesa Utes,

contains numerous Ancestral Pueblo sites, including

cliff dwellings. Hammond Canyon also contains an

Ancestral Pueblo village with structures and pottery

from multiple Ancestral Pueblo periods

hoodoos in a forested setting. The Hammond Canyon area,

which is central to the history of the White Mesa Utes,

contains numerous Ancestral Pueblo sites, including

cliff dwellings. Hammond Canyon also contains an

Ancestral Pueblo village with structures and pottery

from multiple Ancestral Pueblo periods. High fossil

potential exists in both the Upper Triassic and Lower

Jurassic Glen Canyon Sandstone of Hammond Canyon's

lower half as well as the Permian Period Cedar Mesa

Sandstone found in its upper half.

Just south of Elk Ridge, Arch Canyon is a 12-mile long

box canyon containing numerous arches, including

Cathedral Arch, Angel Arch, and Keystone Arch. The area

is teeming with fossilized remains, including numerous

specimens from the Permian and Upper Permian eras.

Cliff dwellings and hanging gardens are located

throughout the canyon. Arch Canyon Great House, which

spans the Pueblo II and III periods and contains

pictographs and petroglyphs ranging from the Archaic to

the historic periods, is located at the canyon's mouth.

A perennial stream that provides potential habitat for

sensitive fish

[[Page 57327]]

species and for the threatened Navajo sedge is located

in the canyon's bottom.

periods and contains

pictographs and petroglyphs ranging from the Archaic to

the historic periods, is located at the canyon's mouth.

A perennial stream that provides potential habitat for

sensitive fish

[[Page 57327]]

species and for the threatened Navajo sedge is located

in the canyon's bottom.

Mule Canyon, a 500-foot deep, 5-mile long chasm, is

situated northeast of the Fish Creek area and southeast

of the Bears Ears Buttes. Throughout the canyon, cliff

dwellings and other archaeological sites are sheltered

by rock walls composed of alternating layers of red and

white sandstone. Among those are the stunning House on

Fire, which has different masonry styles that indicate

several episodes of construction and use. The area's

rich archaeological history is also evidenced on the

nearby tablelands, where the Mule Canyon Village site

allows visitors to view the exposed masonry walls of

ancient living quarters and a partially restored kiva.

Recent research suggests that Ancestral Pueblos in this

area may have cultivated a variety of plants that are

uncommon across the wider landscape and persist to this

day, such as the Four Corners potato, goosefoot,

wolfberry, and sumac. Although similar cultivation may

have been occurring near Ancestral Pueblo sites across

the Bears Ears landscape, it appears to have been

particularly prevalent in and around the Mule, South

Cottonwood, Dry, Arch, and Owl Canyons.

day, such as the Four Corners potato, goosefoot,

wolfberry, and sumac. Although similar cultivation may

have been occurring near Ancestral Pueblo sites across

the Bears Ears landscape, it appears to have been

particularly prevalent in and around the Mule, South

Cottonwood, Dry, Arch, and Owl Canyons.

Tilted at almost 20 degrees and running along a north-

south axis from the foothills of the Abajo Mountains,

past the San Juan River, and onto the Navajo Nation,

the serrated cliffs of the Comb Ridge monocline are

visible from space and have both spiritual and

practical significance to many Tribal Nations. It is in

this area that one can find a series of alcoves in

Whiskers Draw that have sheltered evidence of human

habitation for thousands of years, including the site

where Richard Wetherill first identified what we know

today as the Basketmaker people, as well as Milk Ranch

Point, where early Ancestral Pueblo farmers found

refuge when the climate turned hotter and dryer at

lower elevations. Comb Ridge, flanked on the west by

Comb Wash and on the east by Butler Wash, holds

additional evidence of centuries of human habitation,

including cliff dwellings, such as the well-known

Butler Wash Village and Monarch Cave, kivas, ceremonial

sites, and rock writings, like the Procession Panel,

Wolfman Panel, and Lower Butler Wash Panel, a wall-

sized mural depicting San Juan Anthropomorph figures

dating to the Basketmaker period that is considered

important for understanding the daily life and rituals

of the Basketmaker people

remonial

sites, and rock writings, like the Procession Panel,

Wolfman Panel, and Lower Butler Wash Panel, a wall-

sized mural depicting San Juan Anthropomorph figures

dating to the Basketmaker period that is considered

important for understanding the daily life and rituals

of the Basketmaker people. Chacoan roads as well as the

handholds and steps carved into cliff faces found in

this area formed part of the region's migration system

and are integral to the story of the Bears Ears

landscape. The Comb Ridge area also contains a rich

paleontological history, including an Upper Triassic

microvertebrate site with greater taxonomic diversity

than any other published site of the same nature in

Utah, and the earliest recorded instance of a giant

arthropod trackway in Utah. Paleontologists have also

found phytosaur and dinosaur fossils from the Triassic

Period and have identified new species of plant-eating

crocodile-like reptiles and rich bonebeds of lumbering

sauropods in the area.

South Cottonwood Wash is an extensive drainage just

east of Comb Ridge that extends from the Abajo

Mountains to the San Juan River near Bluff, Utah. The

drainage contains at least three great houses as well

as a number of alcove sites, and it has a high density

of petroglyphs and pictographs, including a cave with

more than 200 handprints in a variety of colors. There

is also evidence of a Chacoan road that connected

multiple great houses and kiva sites

drainage contains at least three great houses as well

as a number of alcove sites, and it has a high density

of petroglyphs and pictographs, including a cave with

more than 200 handprints in a variety of colors. There

is also evidence of a Chacoan road that connected

multiple great houses and kiva sites. These prehistoric

transportation systems in the Bears Ears region are

critical to understanding the trading patterns,

economy, and social organization of ancient Pueblo

communities and the other major cultural centers with

whom they interacted, such as Chaco Canyon.

At the far southern end of the Bears Ears landscape

lies Valley of the Gods, a broad expanse of sandstone

monoliths, pinnacles, and other geological features of

historic and scientific interest. Towering spires of

red sandstone that rise from the valley floor are held

sacred by the Navajo people, who view the formations as

ancient warriors frozen in stone and places

[[Page 57328]]

of power in which spirits reside. The austere valley,

which is noteworthy in both its geology and ecology,

provides habitat for Eucosma navajoensis, an endemic

moth that lives nowhere else. The Mars-like landscape

also contains evidence of our own planet's distant

past, including early tetrapod trackways, Paleozoic

freshwater sharks, ray-finned fishes, lobe-finned

fishes, giant primitive amphibians, and multiple unique

taxa of mammal-like reptiles

ndemic

moth that lives nowhere else. The Mars-like landscape

also contains evidence of our own planet's distant

past, including early tetrapod trackways, Paleozoic

freshwater sharks, ray-finned fishes, lobe-finned

fishes, giant primitive amphibians, and multiple unique

taxa of mammal-like reptiles. Paleontologists have also

uncovered notable plant macrofossils including

ancestral conifers, giant horsetail-like plants, ferns

the size of trees, and lycopsids (similar to modern

clubmoss).

The San Juan River forms the southern boundary of the

Bears Ears landscape. One of the four sacred rivers

that Tribal Nations believe were established by the

gods to act as defensive guardians over their ancestral

lands, the river is closely tied to traditional stories

of creation, danger, protection, and healing. The Lime

Ridge Clovis site demonstrates that the history of

human occupation within the river corridor dates back

at least 13,000 years. The Sand Island Petroglyph Panel

presents petroglyphs primarily from the Basketmaker

through the Pueblo III periods as well as more modern

Navajo and Ute carvings. There are also a number of

Ancestral Pueblo structures that are accessible by

river, such as River House. Nearby San Juan Hill was

the last major obstacle for the Hole-in-the-Rock

expedition and presents visible evidence of the weary

expedition's effort to cross Comb Ridge, including

parts of a road, wagon ruts, and an inscription at the

top of the ridge

t are accessible by

river, such as River House. Nearby San Juan Hill was

the last major obstacle for the Hole-in-the-Rock

expedition and presents visible evidence of the weary

expedition's effort to cross Comb Ridge, including

parts of a road, wagon ruts, and an inscription at the

top of the ridge. The river corridor also contains a

number of unique geologic formations, such as the well-

known balancing rock at Mexican Hat, and provides

important habitat for the threatened yellow-billed

cuckoo and the endangered southwestern willow

flycatcher. The river itself is home to two endangered

fish species: Colorado pikeminnow, the largest minnow

in North America, which is believed to have evolved

more than 3 million years ago, and the razorback

sucker, the only member of its genus.

Cedar Mesa is located in the heart of the Bears Ears

landscape, west of Comb Ridge and north of the San Juan

River. Ranging from approximately 4,000 to 6,500 feet

in elevation, the approximately 400-square mile plateau

is of deep significance to Tribal Nations.

Characterized by pinyon-juniper forests on the mesa

tops and canyons along its periphery, the entirety of

Cedar Mesa is an object of scientific and historic

interest, providing a broader context for the

individual resources found there. It is the density of

world-class cultural resources found throughout the

remote, sloping plateau and its numerous canyons that

make Cedar Mesa truly unique

entirety of

Cedar Mesa is an object of scientific and historic

interest, providing a broader context for the

individual resources found there. It is the density of

world-class cultural resources found throughout the

remote, sloping plateau and its numerous canyons that

make Cedar Mesa truly unique. For example, an open-

twined yucca fiber sandal believed to be more than

7,000 years old was discovered in a dry shelter located

in a narrow slickrock canyon in Cedar Mesa. Moon House

is an example of iconic Pueblo-decorated architecture

and was likely the last occupied site on Cedar Mesa. On

the top of the plateau, Chacoan roads connect several

Ancestral Pueblo great houses that show architectural

influence from the Chaco Canyon region as well as

ceramics that demonstrate both historic and modern

Pueblo connections. And in the heart of Cedar Mesa, a

multi-room, multi-story great house contains kivas with

distinctive Chacoan features that are much larger than

kivas found elsewhere on Cedar Mesa. Today, Cedar Mesa

is home to bighorn sheep, but fossil evidence in the

area's sandstone has revealed large, mammal-like

reptiles that burrowed into the sand to survive the

blistering heat of the end of the Permian Period, when

the region was dominated by a seaside desert. Later,

during the Upper Triassic Period, seasonal monsoons

flooded an ancient river system that fed a vast desert

here. Salvation Knoll, a point from which lost Latter-

day Saint pioneers were able to obtain their bearings

on Christmas Day in 1879, is also located in the area.

ion was dominated by a seaside desert. Later,

during the Upper Triassic Period, seasonal monsoons

flooded an ancient river system that fed a vast desert

here. Salvation Knoll, a point from which lost Latter-

day Saint pioneers were able to obtain their bearings

on Christmas Day in 1879, is also located in the area.

Cedar Mesa is striated with deep chasms housing

remarkably intact Ancestral Pueblo sites. John's Canyon

and Slickhorn Canyon, which empty into the San Juan

River in the Glen Canyon National Recreation Area to

the south, contain numerous petroglyphs, pictographs,

and Ancestral Pueblo structures built into elongated

alcoves on buff-colored cliffs. Similarly, the canyons

on the east side of Cedar Mesa hold a significant

density of archaeological

[[Page 57329]]

sites providing a glimpse into the region's past,

including rock writings and Ancestral Pueblo dwellings.

The Citadel cliff dwelling is just one example of the

striking Ancestral Pueblo sites located in Road Canyon,

while other sites include painted handprints and

evidence of daily life left by Ancestral Pueblos.

Located to the north of Road Canyon, the Fish Canyon

area contains a number of Pueblo structures. The Fish

Canyon area also contains one of the few perennial

streams in the area and an important potential habitat

for the Mexican spotted owl. Finally, the rust-colored,

145-foot span of Nevills Arch awaits those who make the

challenging trek down Owl Canyon

area contains a number of Pueblo structures. The Fish

Canyon area also contains one of the few perennial

streams in the area and an important potential habitat

for the Mexican spotted owl. Finally, the rust-colored,

145-foot span of Nevills Arch awaits those who make the

challenging trek down Owl Canyon. Opening to a height

of 80 feet and named after Norman Nevills, the first

boatman to take paying customers on the Colorado River

through the Grand Canyon, the arch creates a striking

window to the sky on the upper reaches of the canyon

walls.

Grand Gulch, a mostly dry canyon that meanders for

nearly 50 miles on the western edge of Cedar Mesa and

is replete with thousands of cliff dwellings and rock

writing sites, likely contains the highest

concentration of Ancestral Pueblo sites on the Colorado

Plateau. Initially occupied in the Basketmaker II and

III periods, Grand Gulch's initial inhabitants left

pictographs and constructed shallow pithouses and camps

on the mesa top and dry shelters for storage. One

pictograph dating from this time period depicting two

large, anthropomorphic figures is of special religious

significance to Tribal Nations. Grand Gulch also

contains a multitude of Pueblo II to III sites and was

one of the first prehistoric national historic

districts designated on the National Register of

Historic Places

s time period depicting two

large, anthropomorphic figures is of special religious

significance to Tribal Nations. Grand Gulch also

contains a multitude of Pueblo II to III sites and was

one of the first prehistoric national historic

districts designated on the National Register of

Historic Places. The area contains the Turkey Pen site,

which is believed to provide some of the earliest

evidence of turkey domestication in North America, a

pristine kiva in a remote canyon bend, and countless

other unique Pueblo structures, such as Junction

Village, a large Pueblo habitation site; Split Level

Village, a multi-level Pueblo habitation; and Bannister

House, a habitation consisting of two relatively intact

structures and a spring at the base of the cliff face.

Grand Gulch also contains unique artifacts, such as a

tattoo needle, a site containing a multichromatic

pictograph of a mask, important historic archaeological

inscriptions from the Wetherill expedition, and a

multitude of other rock writings.

Kane Gulch is a tributary canyon of Grand Gulch incised

through Cedar Mesa Sandstone and clogged with house-

sized boulders. The canyon houses an aspen grove--an

uncommon occurrence at such elevations in the desert--

and contains a number of archaeological sites that are

perched on canyon walls high above cottonwood trees

that provide welcomed shade to the riparian areas in

the canyon bottom

ed with house-

sized boulders. The canyon houses an aspen grove--an

uncommon occurrence at such elevations in the desert--

and contains a number of archaeological sites that are

perched on canyon walls high above cottonwood trees

that provide welcomed shade to the riparian areas in

the canyon bottom. Nearby, Bullet Canyon, which

intersects with the upper reaches of Grand Gulch, also

holds numerous structures, petroglyphs, pictographs,

and other artifacts, such as the well-preserved Perfect

Kiva--a partly restored kiva, accompanied by several

rooms and other smaller structures.

To the west of Cedar Mesa, the Clay Hills, Red House

Cliffs, and Mike's Canyon form the southwest corner of

the Bears Ears landscape. This remote and rarely

visited area remains largely unstudied by scientists.

Tool- and arrowhead-making sites, dwellings, and

granaries in the lower reaches of the canyons indicate

that they sustained Archaic, Basketmaker, and Ancestral

Pueblo cultures. The area's unforgiving topography,

composed of expansive stretches of slickrock

periodically interrupted by deep canyons, challenged

Latter-day Saint settlers that traveled along the Hole-

in-the-Rock Trail and left wheel ruts and other traces

of pioneer life. The harsh ecosystem still supports a

herd of desert bighorn sheep throughout the year, and

in the canyon bottoms, including Mike's Canyon,

intrepid beavers can be found in small areas of

riparian habitat

raveled along the Hole-

in-the-Rock Trail and left wheel ruts and other traces

of pioneer life. The harsh ecosystem still supports a

herd of desert bighorn sheep throughout the year, and

in the canyon bottoms, including Mike's Canyon,

intrepid beavers can be found in small areas of

riparian habitat. The Clay Hills area contains the

first discovery of vertebrate fossils from the Bears

Ears region, which was also the first occurrence of a

phytosaur identified in Utah.

Standing alone west of Cedar Mesa and adjacent to the

Glen Canyon National Recreation Area, Mancos Mesa is

likely the largest isolated slickrock mesa

[[Page 57330]]

in southern Utah. Covering approximately 180 square

miles, Mancos Mesa's roughly triangular shape is

bounded by towering cliffs, some reaching more than

1,000 feet high. The entire area is dominated by Navajo

Sandstone and is incised with canyons, including Moqui

Canyon, a 20-mile canyon with sheer walls rising over

600 feet. The mesa, an ecological island in the sky,

contains a relict plant community that supports Native

perennial grasses, shrubs, and some cacti. Mancos Mesa

also contains archaeological remains dating back 2,000

years and spanning across the Basketmaker II and III

and Pueblo I, II, and III periods.

600 feet. The mesa, an ecological island in the sky,

contains a relict plant community that supports Native

perennial grasses, shrubs, and some cacti. Mancos Mesa

also contains archaeological remains dating back 2,000

years and spanning across the Basketmaker II and III

and Pueblo I, II, and III periods.

Protection of the Bears Ears area will preserve its

spiritual, cultural, prehistoric, and historic legacy

and maintain its diverse array of natural and

scientific resources, ensuring that the prehistoric,

historic, and scientific values of this area remain for

the benefit of all Americans. For more than 100 years,

and sometimes predating the enactment of the

Antiquities Act, Presidents, Members of Congress,

Secretaries of the Interior, Tribal Nations, State and

local governments, scientists, and local

conservationists have understood and championed the

need to protect the Bears Ears area. The area contains

numerous objects of historic and scientific interest

and also includes other resources that contribute to

the social and economic well-being of the area's modern

communities as a result of world-class outdoor

recreation opportunities, including unparalleled rock

climbing available at places like the canyons in Indian

Creek; the paradise for hikers, birders, and horseback

riders provided in areas like the canyons east of Elk

Ridge; and other destinations for hunting, backpacking,

canyoneering, whitewater rafting, and mountain biking,

that are important to the increasing travel- and

tourism-based economy in the region

Creek; the paradise for hikers, birders, and horseback

riders provided in areas like the canyons east of Elk

Ridge; and other destinations for hunting, backpacking,

canyoneering, whitewater rafting, and mountain biking,

that are important to the increasing travel- and

tourism-based economy in the region.

WHEREAS, section 320301 of title 54, United States Code

(known as the ``Antiquities Act''), authorizes the

President, 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 the lands

owned or controlled by the Federal Government to be

national monuments, and to reserve as a part thereof

parcels of land, the limits of which shall be confined

to the smallest area compatible with the proper care

and management of the objects to be protected; and

WHEREAS, Proclamation 9558 of December 28, 2016,

designated the Bears Ears National Monument in the

State of Utah and reserved approximately 1.35 million

acres of Federal lands as the smallest area compatible

with the proper care and management of the objects of

historic and scientific interest declared part of the

monument; and

cember 28, 2016,

designated the Bears Ears National Monument in the

State of Utah and reserved approximately 1.35 million

acres of Federal lands as the smallest area compatible

with the proper care and management of the objects of

historic and scientific interest declared part of the

monument; and

WHEREAS, Proclamation 9681 of December 4, 2017,

modified the management direction of the Bears Ears

National Monument and modified the boundaries to add

approximately 11,200 new acres of Federal lands, and

the objects of historic and scientific interest

contained therein, and to exclude more than 1.1 million

acres of Federal lands from the reservation, including

lands containing objects of historic and scientific

interest identified as needing protection in

Proclamation 9558, such as Valley of the Gods, Hideout

Canyon, portions of the San Juan River and Abajo

Mountains, genetically distinct populations of Kachina

daisy, and the Eucosma navajoensis moth; and

WHEREAS, December 4, 2017, was the first time that a

President asserted that the Antiquities Act included

the authority to reduce the boundaries of a national

monument or remove objects from protection under the

Antiquities Act since passage of the Federal Land

Policy and Management Act of 1976, as amended (43

U.S.C. 1701 et seq.); and

WHEREAS, the entire Bears Ears landscape is profoundly

sacred to sovereign Tribal Nations and indigenous

people of the southwest region of the United States;

and

Antiquities Act since passage of the Federal Land

Policy and Management Act of 1976, as amended (43

U.S.C. 1701 et seq.); and

WHEREAS, the entire Bears Ears landscape is profoundly

sacred to sovereign Tribal Nations and indigenous

people of the southwest region of the United States;

and

WHEREAS, I find that the unique nature of the Bears

Ears landscape, and the collection of objects and

resources therein, make the entire landscape

[[Page 57331]]

within the boundaries reserved by this proclamation an

object of historic and scientific interest in need of

protection under 54 U.S.C. 320301; and

WHEREAS, I find that all the historic and scientific

resources identified above and in Proclamation 9558 are

objects of historic or scientific interest in need of

protection under 54 U.S.C. 320301; and

WHEREAS, I find that there are threats to the objects

identified in this proclamation; and

WHEREAS, I find, in the absence of a reservation under

the Antiquities Act, the objects identified in this

proclamation and in Proclamation 9558 are not

adequately protected by otherwise applicable law or

administrative designations because neither provide

Federal agencies with the specific mandate to ensure

proper care and management of the objects, nor do they

withdraw the lands from the operation of the public

land, mining, and mineral leasing laws; thus a national

monument reservation is necessary to protect the

objects of historic and scientific interest in the

Bears Ears region for current and future generations;

e and management of the objects, nor do they

withdraw the lands from the operation of the public

land, mining, and mineral leasing laws; thus a national

monument reservation is necessary to protect the

objects of historic and scientific interest in the

Bears Ears region for current and future generations;

and

WHEREAS, I find that the boundaries of the monument

reserved by this proclamation represent the smallest

area compatible with the protection of the objects of

scientific or historic interest as required by the

Antiquities Act; and

WHEREAS, it is in the public interest to ensure the

preservation, restoration, and protection of the

objects of scientific and historic interest on the

Bears Ears region, including the entire monument

landscape, reserved within the boundaries of the Bears

Ears National Monument, as established by this

proclamation;

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of

the United States of America, by the authority vested

in me by section 320301 of title 54, United States

Code, hereby proclaim the objects identified above and

in Proclamation 9558 that are situated upon lands and

interests in lands owned or controlled by the Federal

Government to be the Bears Ears National Monument

(monument) and, for the purpose of protecting those

objects, reserve as part thereof all lands and

interests in lands not currently reserved as part of a

monument reservation and that are owned or controlled

by the Federal Government within the boundaries

described on the accompanying map,

nument

(monument) and, for the purpose of protecting those

objects, reserve as part thereof all lands and

interests in lands not currently reserved as part of a

monument reservation and that are owned or controlled

by the Federal Government within the boundaries

described on the accompanying map, which is attached to

and forms a part of this proclamation. These reserved

Federal lands and interests in lands consist of those

lands reserved as part of the Bears Ears National

Monument as of December 3, 2017, and the approximately

11,200 acres added by Proclamation 9681, encompassing

approximately 1.36 million acres. As a result of the

distribution of the objects across the Bears Ears

landscape, and additionally and independently, because

the landscape itself is an object in need of

protection, the boundaries described on the

accompanying map are confined to the smallest area

compatible with the proper care and management of the

objects of historic or scientific interest identified

above and in Proclamation 9558.

All Federal lands and interests in lands within the

boundaries of the monument are hereby appropriated and

withdrawn from all forms of entry, location, selection,

sale, or other disposition under the public land laws

or laws applicable to the United States Forest Service

(USFS), from location, entry, and patent under the

mining laws, and from disposition under all laws

relating to mineral and geothermal leasing, other than

by exchange that furthers the protective purposes of

the monument.

the public land laws

or laws applicable to the United States Forest Service

(USFS), from location, entry, and patent under the

mining laws, and from disposition under all laws

relating to mineral and geothermal leasing, other than

by exchange that furthers the protective purposes of

the monument.

This proclamation is subject to valid existing rights.

If the Federal Government subsequently acquires any

lands or interests in lands not currently owned or

controlled by the Federal Government within the

boundaries described on the accompanying map, such

lands and interests in lands shall be reserved as a

part of the monument, and objects identified above that

are situated upon those lands and interests in lands

shall be part of the monument, upon acquisition of

ownership or control by the Federal Government.

[[Page 57332]]

The Secretary of Agriculture and the Secretary of the

Interior (Secretaries) shall manage the monument

through the USFS and the Bureau of Land Management

(BLM), respectively, in accordance with the terms,

conditions, and management direction provided by this

proclamation and, unless otherwise specifically

provided herein, those provided by Proclamation 9558,

the latter of which are incorporated herein by

reference. The USFS shall manage that portion of the

monument within the boundaries of the National Forest

System (NFS), and the BLM shall manage the remainder of

the monument. The lands administered by the USFS shall

be managed as part of the Manti-La Sal National Forest

latter of which are incorporated herein by

reference. The USFS shall manage that portion of the

monument within the boundaries of the National Forest

System (NFS), and the BLM shall manage the remainder of

the monument. The lands administered by the USFS shall

be managed as part of the Manti-La Sal National Forest.

The lands administered by the BLM shall be managed as a

unit of the National Landscape Conservation System. To

the extent any provision of Proclamation 9681 is

inconsistent with this proclamation or Proclamation

9558, the terms of this proclamation and Proclamation

9558 shall govern. To further the orderly management of

monument lands, the monument will be jointly managed as

a single unit consisting of the entire 1.36 million-

acre monument.

For purposes of protecting and restoring the objects

identified above and in Proclamation 9558, the

Secretaries shall jointly prepare and maintain a new

management plan for the entire monument and shall

promulgate such regulations for its management as they

deem appropriate. The Secretaries, through the USFS and

BLM, shall consult with other Federal land management

agencies or agency components in the local area,

including the National Park Service, in developing the

management plan. In promulgating any management rules

and regulations governing the NFS lands within the

monument and developing the management plan, the

Secretary of Agriculture, through the USFS, shall

consult with the Secretary of the Interior, through the

BLM

al Park Service, in developing the

management plan. In promulgating any management rules

and regulations governing the NFS lands within the

monument and developing the management plan, the

Secretary of Agriculture, through the USFS, shall

consult with the Secretary of the Interior, through the

BLM. The Secretaries shall provide for maximum public

involvement in the development of that plan, including

consultation with federally recognized Tribes and State

and local governments. In the development and

implementation of the management plan, the Secretaries

shall maximize opportunities, pursuant to applicable

legal authorities, for shared resources, operational

efficiency, and cooperation.

In recognition of the importance of knowledge of Tribal

Nations about these lands and objects and participation

in the care and management of the objects identified

above, and to ensure that management decisions

affecting the monument reflect expertise and

traditional and historical knowledge of Tribal Nations,

a Bears Ears Commission (Commission) is reestablished

in accordance with the terms, conditions, and

obligations set forth in Proclamation 9558 to provide

guidance and recommendations on the development and

implementation of management plans and on management of

the entire monument.

Tribal Nations,

a Bears Ears Commission (Commission) is reestablished

in accordance with the terms, conditions, and

obligations set forth in Proclamation 9558 to provide

guidance and recommendations on the development and

implementation of management plans and on management of

the entire monument.

To further the protective purposes of the monument, the

Secretary of the Interior shall explore entering into a

memorandum of understanding with the State of Utah that

would set forth terms, pursuant to applicable laws and

regulations, for an exchange of land owned by the State

of Utah and administered by the Utah School and

Institutional Trust Lands Administration within the

boundary of the monument for land of approximately

equal value managed by the BLM outside the boundary of

the monument. Consolidation of lands within the

monument boundary through exchange in this manner

provides for the orderly management of public lands and

is in the public interest.

The Secretaries shall manage livestock grazing as

authorized under existing permits or leases, and

subject to appropriate terms and conditions in

accordance with existing laws and regulations,

consistent with the care and management of the objects

identified above and in Proclamation 9558. Should

grazing permits or leases be voluntarily relinquished

by existing holders, the Secretaries shall retire from

livestock grazing the lands covered by such permits or

leases pursuant to the processes of applicable law.

Forage shall

[[Page 57333]]

cts

identified above and in Proclamation 9558. Should

grazing permits or leases be voluntarily relinquished

by existing holders, the Secretaries shall retire from

livestock grazing the lands covered by such permits or

leases pursuant to the processes of applicable law.

Forage shall

[[Page 57333]]

not be reallocated for livestock grazing purposes

unless the Secretaries specifically find that such

reallocation will advance the purposes of this

proclamation and Proclamation 9558.

Nothing in this proclamation shall be deemed to revoke

any existing withdrawal, reservation, or appropriation;

however, the monument shall be the dominant

reservation.

Warning is hereby given to all unauthorized persons not

to appropriate, injure, destroy, or remove any feature

of the monument and not to locate or settle upon any of

the lands thereof.

If any provision of this proclamation, including its

application to a particular parcel of land, is held to

be invalid, the remainder of this proclamation and its

application to other parcels of land shall not be

affected thereby.

IN WITNESS WHEREOF, I have hereunto set my hand this

eighth day of October, in the year of our Lord two

thousand twenty-one, and of the Independence of the

United States of America the two hundred and forty-

sixth.

(Presidential Sig.)

Billing code 3395-F2-P

[[Page 57334]]

[GRAPHIC] [TIFF OMITTED] TD15OC21.006

[FR Doc. 2021-22672

Filed 10-14-21; 8:45 am]

Billing code 4310-10-C

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Bears Ears National Monument · 86 FR 57321 | Frix