Antiquities Act was signed into law June 8th, 1906. It was first U.S. law to provide legal protection of cultural and natural resources of historic or scientific interest on Federal Lands.
In the last quarter of the 19th century, Europeans and European Americans who moved, or travelled west of the Mississippi developed an interest in the “antiquities” they encountered. Scientists backed by the federal government and/or private benefactors initiated expeditions to study archeological areas and form collections for museums and other institutions in the same way TR provided big game specimens he donated to museums.
At the same time private citizens began collecting objects and selling them for profit. The scientific community urged the government to pass legislation designed to preserve the landscape and protect the land's archeological integrity.
What did the Antiquities Act Accomplish:
- Permission: Need to secure permission to conduct archeological digs and the removal of objects from Federal Lands.
- Penalties: Conviction for unauthorized excavation and removal of objects.
- Presidential Authority: President has the authority to establish national monuments on Federal Land.
- Cabinet Authority: Secretaries of Agriculture, Interior, and War reviews and grant permits to qualified institutions.
- Preservation: All excavated materials must be permanently preserved in public museums.
- Regulations: Authority to develop uniform rules and regulations to carry out the Act.
Since 1906, U.S. presidents have used their authority under the Antiquities Act to set aside land almost 300 times.
During the 1908 Governor’s Conference at the White House. The focus was on the proper use of the country’s natural resources. TR’s opening address was entitled, "Conservation as a National Duty."
Among those speaking were leading industrialists, such as Andrew Carnegie and James J. Hill politicians and resource experts. Their speeches emphasized both the nation's need to exploit renewable resources and the differing situations of the various states, requiring different plans.
This Conference was a seminal event in the history of conservationism; it brought the issue to public attention in a highly visible way. The next year saw two outgrowths of the Conference: The National Conservation Commission, which Roosevelt and Pinchot set up with representatives from the states and Federal agencies, and the First National Conservation Congress, which Pinchot led as an assembly of private conservation interests.
In 1903 TR executive order designated Pelican Island as the nation’s first national wildlife refuge for the protection of nesting birds.
Criticisms of the Antiquities Act
Before 2,000 all the monuments amounted to only about half the size of Delaware. Since 2000 over 768 million acres has been set aside - Twice the size of Alaska.
The Antiquities Act is often used for political gain and not protection. At times politicians have been criticized for faking the need to create national monuments when antiquities and species are already protected under their own law. Some believe It’s being used to go after states that didn’t support the political party in power.
The argument always appears in the format “do you want this monument, or do you want to destroy all of these American Treasures?”
Chief Justice Roberts was concerned the act could be used without limit. Some states have been exempted from the Antiquities Act. In 1950 when Grand Teton National Park was created, a provision was added to prevent future presidents from using the Antiquities Act in Wyoming.
