Establishment of the Bears Ears National Monument, 1139-1147 [2017-00038]
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1139
Presidential Documents
Federal Register
Vol. 82, No. 3
Thursday, January 5, 2017
Title 3—
Proclamation 9558 of December 28, 2016
The President
Establishment of the Bears Ears National Monument
By the President of the United States of America
A Proclamation
Rising from the center of the southeastern Utah landscape and visible from
every direction are twin buttes so distinctive that in each of the native
´
languages of the region their name is the same: Hoon’Naqvut, Shash Jaa,
Kwiyagatu Nukavachi, Ansh An Lashokdiwe, or ‘‘Bears Ears.’’ For hundreds
of generations, native peoples lived in the surrounding deep sandstone canyons, desert mesas, and meadow mountaintops, which constitute one of
the densest and most significant cultural landscapes in the United States.
Abundant rock art, ancient cliff dwellings, ceremonial sites, and countless
other artifacts provide an extraordinary archaeological and cultural record
that is important to us all, but most notably the land is profoundly sacred
to many Native American tribes, including the Ute Mountain Ute Tribe,
Navajo Nation, Ute Indian Tribe of the Uintah Ouray, Hopi Nation, and
Zuni Tribe.
The area’s human history is as vibrant and diverse as the ruggedly beautiful
landscape. From the earliest occupation, native peoples left traces of their
presence. Clovis people hunted among the cliffs and canyons of Cedar
Mesa as early as 13,000 years ago, leaving behind tools and projectile points
in places like the Lime Ridge Clovis Site, one of the oldest known archaeological sites in Utah. Archaeologists believe that these early people hunted
mammoths, ground sloths, and other now-extinct megafauna, a narrative
echoed by native creation stories. Hunters and gatherers continued to live
in this region in the Archaic Period, with sites dating as far back as 8,500
years ago.
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Ancestral Puebloans followed, beginning to occupy the area at least 2,500
years ago, leaving behind items from their daily life such as baskets, pottery,
and weapons. These early farmers of Basketmaker II and III and builders
of Pueblo I, II, and III left their marks on the land. The remains of single
family dwellings, granaries, kivas, towers, and large villages and roads linking
them together reveal a complex cultural history. ‘‘Moki steps,’’ hand and
toe holds carved into steep canyon walls by the Ancestral Puebloans, illustrate the early people’s ingenuity and perseverance and are still used today
to access dwellings along cliff walls. Other, distinct cultures have thrived
here as well—the Fremont People, Numic- and Athabaskan-speaking huntergatherers, and Utes and Navajos. Resources such as the Doll House Ruin
in Dark Canyon Wilderness Area and the Moon House Ruin on Cedar Mesa
allow visitors to marvel at artistry and architecture that have withstood
thousands of seasons in this harsh climate.
The landscape is a milieu of the accessible and observable together with
the inaccessible and hidden. The area’s petroglyphs and pictographs capture
the imagination with images dating back at least 5,000 years and spanning
a range of styles and traditions. From life-size ghostlike figures that defy
categorization, to the more literal depictions of bighorn sheep, birds, and
lizards, these drawings enable us to feel the humanity of these ancient
artists. The Indian Creek area contains spectacular rock art, including hundreds of petroglyphs at Newspaper Rock. Visitors to Bears Ears can also
discover more recent rock art left by the Ute, Navajo, and Paiute peoples.
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It is also the less visible sites, however—those that supported the food
gathering, subsistence and ceremony of daily life—that tell the story of
the people who lived here. Historic remnants of Native American sheepherding and farming are scattered throughout the area, and pottery and
Navajo hogans record the lifeways of native peoples in the 19th and 20th
centuries.
For thousands of years, humans have occupied and stewarded this land.
With respect to most of these people, their contribution to the historical
record is unknown, but some have played a more public role. Famed Navajo
´
headman K’aayelii was born around 1800 near the twin Bears Ears buttes.
His band used the area’s remote canyons to elude capture by the U.S.
Army and avoid the fate that befell many other Navajo bands: surrender,
the Long Walk, and forced relocation to Bosque Redondo. Another renowned
19th century Navajo leader, ‘‘Hastiin Ch’ihaajin’’ Manuelito, was also born
near the Bears Ears.
The area’s cultural importance to Native American tribes continues to this
day. As they have for generations, these tribes and their members come
here for ceremonies and to visit sacred sites. Throughout the region, many
landscape features, such as Comb Ridge, the San Juan River, and Cedar
Mesa, are closely tied to native stories of creation, danger, protection, and
healing. The towering spires in the Valley of the Gods are sacred to the
Navajo, representing ancient Navajo warriors frozen in stone. Traditions
of hunting, fishing, gathering, and wood cutting are still practiced by tribal
members, as is collection of medicinal and ceremonial plants, edible herbs,
and materials for crafting items like baskets and footwear. The traditional
ecological knowledge amassed by the Native Americans whose ancestors
inhabited this region, passed down from generation to generation, offers
critical insight into the historic and scientific significance of the area. Such
knowledge is, itself, a resource to be protected and used in understanding
and managing this landscape sustainably for generations to come.
Euro-Americans first explored the Bears Ears area during the 18th century,
and Mormon settlers followed in the late 19th century. The San Juan Mission
expedition traversed this rugged country in 1880 on their journey to establish
a new settlement in what is now Bluff, Utah. To ease the passage of wagons
over the slick rock slopes and through the canyonlands, the settlers smoothed
sections of the rock surface and constructed dugways and other features
still visible along their route, known as the Hole-in-the-Rock Trail. Cabins,
corrals, trails, and carved inscriptions in the rock reveal the lives of ranchers,
prospectors, and early archaeologists. Cattle rustlers and other outlaws created a convoluted trail network known as the Outlaw Trail, said to be
used by Butch Cassidy and the Sundance Kid. These outlaws took advantage
of the area’s network of canyons, including the aptly-named Hideout Canyon,
to avoid detection.
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The area’s stunning geology, from sharp pinnacles to broad mesas, labyrinthine canyons to solitary hoodoos, and verdant hanging gardens to bare
stone arches and natural bridges, provides vital insights to geologists. In
the east, the Abajo Mountains tower, reaching elevations of more than 11,000
feet. A long geologic history is documented in the colorful rock layers
visible in the area’s canyons.
For long periods over 300 million years ago, these lands were inundated
by tropical seas and hosted thriving coral reefs. These seas infused the
area’s black rock shale with salts as they receded. Later, the lands were
bucked upwards multiple times by the Monument Upwarp, and near-volcanoes punched up through the rock, leaving their marks on the landscape
without reaching the surface. In the sandstone of Cedar Mesa, fossil evidence
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, in the Late Triassic Period
more than 200 million years ago, seasonal monsoons flooded an ancient
river system that fed a vast desert here.
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The paleontological resources in the Bears Ears area are among the richest
and most significant in the United States, and protection of this area will
provide important opportunities for further archaeological and paleontological study. Many sites, such as Arch Canyon, are teeming with fossils,
and research conducted in the Bears Ears area is revealing new insights
into the transition of vertebrate life from reptiles to mammals and from
sea to land. Numerous ray-finned fish fossils from the Permian Period have
been discovered, along with other late Paleozoic Era fossils, including giant
amphibians, synapsid reptiles, and important plant fossils. Fossilized traces
of marine and aquatic creatures such as clams, crayfish, fish, and aquatic
reptiles have been found in Indian Creek’s Chinle Formation, dating to
the Triassic Period, and phytosaur and dinosaur fossils from the same period
have been found along Comb Ridge. Paleontologists have identified new
species of plant-eating crocodile-like reptiles and mass graves of lumbering
sauropods, along with metoposaurus, crocodiles, and other dinosaur fossils.
Fossilized trackways of early tetrapods can be seen in the Valley of the
Gods and in Indian Creek, where paleontologists have also discovered exceptional examples of fossilized ferns, horsetails, and cycads. The Chinle Formation and the Wingate, Kayenta, and Navajo Formations above it provide
one of the best continuous rock records of the Triassic-Jurassic transition
in the world, crucial to understanding how dinosaurs dominated terrestrial
ecosystems and how our mammalian ancestors evolved. In Pleistocene Epoch
sediments, scientists have found traces of mammoths, short-faced bears,
ground sloths, primates, and camels.
From earth to sky, the region is unsurpassed in wonders. The star-filled
nights and natural quiet of the Bears Ears area transport visitors to an
earlier eon. Against an absolutely black night sky, our galaxy and others
more distant leap into view. As one of the most intact and least roaded
areas in the contiguous United States, Bears Ears has that rare and arresting
quality of deafening silence.
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Communities have depended on the resources of the region for hundreds
of generations. Understanding the important role of the green highlands
in providing habitat for subsistence plants and animals, as well as capturing
and filtering water from passing storms, the Navajo refer to such places
as ‘‘Nahodishgish,’’ or places to be left alone. Local communities seeking
to protect the mountains for their watershed values have long recognized
the importance of the Bears Ears’ headwaters. Wildfires, both natural and
human-set, have shaped and maintained forests and grasslands of this area
for millennia. Ranchers have relied on the forests and grasslands of the
region for ages, and hunters come from across the globe for a chance at
a bull elk or other big game. Today, ecological restoration through the
careful use of wildfire and management of grazing and timber is working
to restore and maintain the health of these vital watersheds and grasslands.
The diversity of the soils and microenvironments in the Bears Ears area
provide habitat for a wide variety of vegetation. The highest elevations,
in the Elk Ridge area of the Manti-La Sal National Forest, contain pockets
of ancient Engelmann spruce, ponderosa pine, aspen, and subalpine fir.
Mesa tops include pinyon-juniper woodlands along with big sagebrush, low
sage, blackbrush, rabbitbrush, bitterbrush, four-wing saltbush, shadscale,
winterfat, Utah serviceberry, western chokecherry, hackberry, barberry, cliff
rose, and greasewood. Canyons contain diverse vegetation ranging from yucca
and cacti such as prickly pear, claret cup, and Whipple’s fishhook to mountain mahogany, ponderosa pine, alder, sagebrush, birch, dogwood, and
Gambel’s oak, along with occasional stands of aspen. Grasses and herbaceous
species such as bluegrass, bluestem, giant ryegrass, ricegrass, needle and
thread, yarrow, common mallow, balsamroot, low larkspur, horsetail, and
peppergrass also grow here, as well as pinnate spring parsley, Navajo
penstemon, Canyonlands lomatium, and the Abajo daisy.
Tucked into winding canyons are vibrant riparian communities characterized
by Fremont cottonwood, western sandbar willow, yellow willow, and box
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elder. Numerous seeps provide year-round water and support delicate hanging gardens, moisture-loving plants, and relict species such as Douglas fir.
A few populations of the rare Kachina daisy, endemic to the Colorado
Plateau, hide in shaded seeps and alcoves of the area’s canyons. A genetically
distinct population of Kachina daisy was also found on Elk Ridge. The
alcove columbine and cave primrose, also regionally endemic, grow in seeps
and hanging gardens in the Bears Ears landscape. Wildflowers such as
beardtongue, evening primrose, aster, Indian paintbrush, yellow and purple
beeflower, straight bladderpod, Durango tumble mustard, scarlet gilia, globe
mallow, sand verbena, sego lily, cliffrose, sacred datura, monkey flower,
sunflower, prince’s plume, hedgehog cactus, and columbine, bring bursts
of color to the landscape.
The diverse vegetation and topography of the Bears Ears area, in turn,
support a variety of wildlife species. Mule deer and elk range on the mesas
and near canyon heads, which provide crucial habitat for both species.
The Cedar Mesa landscape is home to bighorn sheep which were once
abundant but still live in Indian Creek, and in the canyons north of the
San Juan River. Small mammals such as desert cottontail, black-tailed jackrabbit, prairie dog, Botta’s pocket gopher, white-tailed antelope squirrel,
Colorado chipmunk, canyon mouse, deer mouse, pinyon mouse, and desert
woodrat, as well as Utah’s only population of Abert’s tassel-eared squirrels,
find shelter and sustenance in the landscape’s canyons and uplands. Rare
shrews, including a variant of Merriam’s shrew and the dwarf shrew can
be found in this area.
Carnivores, including badger, coyote, striped skunk, ringtail, gray fox, bobcat,
and the occasional mountain lion, all hunt here, while porcupines use
their sharp quills and climbing abilities to escape these predators. Oral
histories from the Ute describe the historic presence of bison, antelope,
and abundant bighorn sheep, which are also depicted in ancient rock art.
Black bear pass through the area but are rarely seen, though they are common
in the oral histories and legends of this region, including those of the
Navajo.
Consistent sources of water in a dry landscape draw diverse wildlife species
to the area’s riparian habitats, including an array of amphibian species
such as tiger salamander, red-spotted toad, Woodhouse’s toad, canyon tree
frog, Great Basin spadefoot, and northern leopard frog. Even the most sharpeyed visitors probably will not catch a glimpse of the secretive Utah night
lizard. Other reptiles in the area include the sagebrush lizard, eastern fence
lizard, tree lizard, side-blotched lizard, plateau striped whiptail, western
rattlesnake, night snake, striped whipsnake, and gopher snake.
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Raptors such as the golden eagle, peregrine falcon, bald eagle, northern
harrier, northern goshawk, red-tailed hawk, ferruginous hawk, American
kestrel, flammulated owl, and great horned owl hunt their prey on the
mesa tops with deadly speed and accuracy. The largest contiguous critical
habitat for the threatened Mexican spotted owl is on the Manti-La Sal
National Forest. Other bird species found in the area include Merriam’s
turkey, Williamson’s sapsucker, common nighthawk, white-throated swift,
ash-throated flycatcher, violet-green swallow, cliff swallow, mourning dove,
pinyon jay, sagebrush sparrow, canyon towhee, rock wren, sage thrasher,
and the endangered southwestern willow flycatcher.
As the skies darken in the evenings, visitors may catch a glimpse of some
the area’s at least 15 species of bats, including the big free-tailed bat, pallid
bat, Townsend’s big-eared bat, spotted bat, and silver-haired bat. Tinajas,
rock depressions filled with rainwater, provide habitat for many specialized
aquatic species, including pothole beetles and freshwater shrimp. Eucosma
navajoensis, an endemic moth that has only been described near Valley
of the Gods, is unique to this area.
Protection of the Bears Ears area will preserve its 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
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area remain for the benefit of all Americans. The Bears Ears area has been
proposed for protection by members of Congress, Secretaries of the Interior,
State and tribal leaders, and local conservationists for at least 80 years.
The area contains numerous objects of historic and of scientific interest,
and it provides world class outdoor recreation opportunities, including rock
climbing, hunting, hiking, backpacking, canyoneering, whitewater rafting,
mountain biking, and horseback riding. Because visitors travel from near
and far, these lands support a growing travel and tourism sector that is
a source of economic opportunity for 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;
WHEREAS, it is in the public interest to preserve the objects of scientific
and historic interest on the Bears Ears lands;
NOW, THEREFORE, I, BARACK OBAMA, 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 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 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 encompass approximately 1.35 million acres.
The boundaries described on the accompanying map are confined to the
smallest area compatible with the proper care and management of the objects
to be protected.
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 U.S. Forest Service, 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.
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The establishment of the monument is subject to valid existing rights, including valid existing water rights. If the Federal Government acquires ownership
or control of any lands or interests in lands that it did not previously
own or control 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.
The Secretary of Agriculture and the Secretary of the Interior (Secretaries)
shall manage the monument through the U.S. Forest Service (USFS) and
the Bureau of Land Management (BLM), pursuant to their respective applicable legal authorities, to implement the purposes of this proclamation. 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, pursuant to applicable legal authorities.
For purposes of protecting and restoring the objects identified above, the
Secretaries shall jointly prepare a management plan for the monument and
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shall promulgate such regulations for its management as they deem appropriate. The Secretaries, through the USFS and the BLM, shall consult with
other Federal land management agencies 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. The Secretaries shall provide for maximum public involvement in the development of that plan including, but not limited to, 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.
The Secretaries, through the BLM and USFS, shall establish an advisory
committee under the Federal Advisory Committee Act (5 U.S.C. App.) to
provide information and advice regarding the development of the management plan and, as appropriate, management of the monument. This advisory
committee shall consist of a fair and balanced representation of interested
stakeholders, including State and local governments, tribes, recreational
users, local business owners, and private landowners.
In recognition of the importance of tribal participation to the care and
management of the objects identified above, and to ensure that management
decisions affecting the monument reflect tribal expertise and traditional
and historical knowledge, a Bears Ears Commission (Commission) is hereby
established to provide guidance and recommendations on the development
and implementation of management plans and on management of the monument. The Commission shall consist of one elected officer each from the
Hopi Nation, Navajo Nation, Ute Mountain Ute Tribe, Ute Indian Tribe
of the Uintah Ouray, and Zuni Tribe, designated by the officers’ respective
tribes. The Commission may adopt such procedures as it deems necessary
to govern its activities, so that it may effectively partner with the Federal
agencies by making continuing contributions to inform decisions regarding
the management of the monument.
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The Secretaries shall meaningfully engage the Commission or, should the
Commission no longer exist, the tribal governments through some other
entity composed of elected tribal government officers (comparable entity),
in the development of the management plan and to inform subsequent
management of the monument. To that end, in developing or revising the
management plan, the Secretaries shall carefully and fully consider integrating the traditional and historical knowledge and special expertise of
the Commission or comparable entity. If the Secretaries decide not to incorporate specific recommendations submitted to them in writing by the Commission or comparable entity, they will provide the Commission or comparable entity with a written explanation of their reasoning. The management
plan shall also set forth parameters for continued meaningful engagement
with the Commission or comparable entity in implementation of the management plan.
To further the protective purposes of the monument, the Secretary of the
Interior shall explore entering into a memorandum of understanding with
the State that would set forth terms, pursuant to applicable laws and regulations, for an exchange of land currently 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. The
Secretary of the Interior shall report to the President by January 19, 2017,
regarding the potential for such an exchange.
Nothing in this proclamation shall be construed to interfere with the operation or maintenance, or the replacement or modification within the current
authorization boundary, of existing utility, pipeline, or telecommunications
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facilities located within the monument in a manner consistent with the
care and management of the objects identified above.
Nothing in this proclamation shall be deemed to enlarge or diminish the
rights or jurisdiction of any Indian tribe. The Secretaries shall, to the maximum extent permitted by law and in consultation with Indian tribes, ensure
the protection of Indian sacred sites and traditional cultural properties in
the monument and provide access by members of Indian tribes for traditional
cultural and customary uses, consistent with the American Indian Religious
Freedom Act (42 U.S.C. 1996) and Executive Order 13007 of May 24, 1996
(Indian Sacred Sites), including collection of medicines, berries and other
vegetation, forest products, and firewood for personal noncommercial use
in a manner consistent with the care and management of the objects identified
above.
For purposes of protecting and restoring the objects identified above, the
Secretaries shall prepare a transportation plan that designates the roads
and trails where motorized and non-motorized mechanized vehicle use will
be allowed. Except for emergency or authorized administrative purposes,
motorized and non-motorized mechanized vehicle use shall be allowed only
on roads and trails designated for such use, consistent with the care and
management of such objects. Any additional roads or trails designated for
motorized vehicle use must be for the purposes of public safety or protection
of such objects.
Laws, regulations, and policies followed by USFS or BLM in issuing and
administering grazing permits or leases on lands under their jurisdiction
shall continue to apply with regard to the lands in the monument to ensure
the ongoing consistency with the care and management of the objects identified above.
Nothing in this proclamation shall be deemed to enlarge or diminish the
jurisdiction of the State of Utah, including its jurisdiction and authority
with respect to fish and wildlife management.
Nothing in this proclamation shall preclude low-level overflights of military
aircraft, the designation of new units of special use airspace, or the use
or establishment of military flight training routes over the lands reserved
by this proclamation consistent with the care and management of the objects
identified above.
Nothing in this proclamation shall be construed to alter the authority or
responsibility of any party with respect to emergency response activities
within the monument, including wildland fire response.
Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the
dominant reservation.
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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.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth
day of December, in the year of our Lord two thousand sixteen, and of
the Independence of the United States of America the two hundred and
forty-first.
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Billing code 3295–F7–P
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CJ Bears Ears National Monument
Surface Management Agency
£::]Counties
National Park Service
Bears Ears
National
Monument
US Forest Service
N
A
Indian Reservation
State
USFS Wilderness
1:760,000
10
0
20
[FR Doc. 2017–00038
Filed 1–4–17; 8:45 am]
Billing code 4310–10–C
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Bureau of Land Management
Agencies
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Presidential Documents]
[Pages 1139-1147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00038]
Presidential Documents
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 1139]]
Proclamation 9558 of December 28, 2016
Establishment of the Bears Ears National Monument
By the President of the United States of America
A Proclamation
Rising from the center of the southeastern Utah
landscape and visible from every direction are twin
buttes so distinctive that in each of the native
languages of the region their name is the same:
Hoon'Naqvut, Shash J[aacute]a, Kwiyagatu Nukavachi,
Ansh An Lashokdiwe, or ``Bears Ears.'' For hundreds of
generations, native peoples lived in the surrounding
deep sandstone canyons, desert mesas, and meadow
mountaintops, which constitute one of the densest and
most significant cultural landscapes in the United
States. Abundant rock art, ancient cliff dwellings,
ceremonial sites, and countless other artifacts provide
an extraordinary archaeological and cultural record
that is important to us all, but most notably the land
is profoundly sacred to many Native American tribes,
including the Ute Mountain Ute Tribe, Navajo Nation,
Ute Indian Tribe of the Uintah Ouray, Hopi Nation, and
Zuni Tribe.
The area's human history is as vibrant and diverse as
the ruggedly beautiful landscape. From the earliest
occupation, native peoples left traces of their
presence. Clovis people hunted among the cliffs and
canyons of Cedar Mesa as early as 13,000 years ago,
leaving behind tools and projectile points in places
like the Lime Ridge Clovis Site, one of the oldest
known archaeological sites in Utah. Archaeologists
believe that these early people hunted mammoths, ground
sloths, and other now-extinct megafauna, a narrative
echoed by native creation stories. Hunters and
gatherers continued to live in this region in the
Archaic Period, with sites dating as far back as 8,500
years ago.
Ancestral Puebloans followed, beginning to occupy the
area at least 2,500 years ago, leaving behind items
from their daily life such as baskets, pottery, and
weapons. These early farmers of Basketmaker II and III
and builders of Pueblo I, II, and III left their marks
on the land. The remains of single family dwellings,
granaries, kivas, towers, and large villages and roads
linking them together reveal a complex cultural
history. ``Moki steps,'' hand and toe holds carved into
steep canyon walls by the Ancestral Puebloans,
illustrate the early people's ingenuity and
perseverance and are still used today to access
dwellings along cliff walls. Other, distinct cultures
have thrived here as well--the Fremont People, Numic-
and Athabaskan-speaking hunter-gatherers, and Utes and
Navajos. Resources such as the Doll House Ruin in Dark
Canyon Wilderness Area and the Moon House Ruin on Cedar
Mesa allow visitors to marvel at artistry and
architecture that have withstood thousands of seasons
in this harsh climate.
The landscape is a milieu of the accessible and
observable together with the inaccessible and hidden.
The area's petroglyphs and pictographs capture the
imagination with images dating back at least 5,000
years and spanning a range of styles and traditions.
From life-size ghostlike figures that defy
categorization, to the more literal depictions of
bighorn sheep, birds, and lizards, these drawings
enable us to feel the humanity of these ancient
artists. The Indian Creek area contains spectacular
rock art, including hundreds of petroglyphs at
Newspaper Rock. Visitors to Bears Ears can also
discover more recent rock art left by the Ute, Navajo,
and Paiute peoples.
[[Page 1140]]
It is also the less visible sites, however--those that
supported the food gathering, subsistence and ceremony
of daily life--that tell the story of the people who
lived here. Historic remnants of Native American sheep-
herding and farming are scattered throughout the area,
and pottery and Navajo hogans record the lifeways of
native peoples in the 19th and 20th centuries.
For thousands of years, humans have occupied and
stewarded this land. With respect to most of these
people, their contribution to the historical record is
unknown, but some have played a more public role. Famed
Navajo headman K'aay[eacute]lii was born around 1800
near the twin Bears Ears buttes. His band used the
area's remote canyons to elude capture by the U.S. Army
and avoid the fate that befell many other Navajo bands:
surrender, the Long Walk, and forced relocation to
Bosque Redondo. Another renowned 19th century Navajo
leader, ``Hastiin Ch'ihaajin'' Manuelito, was also born
near the Bears Ears.
The area's cultural importance to Native American
tribes continues to this day. As they have for
generations, these tribes and their members come here
for ceremonies and to visit sacred sites. Throughout
the region, many landscape features, such as Comb
Ridge, the San Juan River, and Cedar Mesa, are closely
tied to native stories of creation, danger, protection,
and healing. The towering spires in the Valley of the
Gods are sacred to the Navajo, representing ancient
Navajo warriors frozen in stone. Traditions of hunting,
fishing, gathering, and wood cutting are still
practiced by tribal members, as is collection of
medicinal and ceremonial plants, edible herbs, and
materials for crafting items like baskets and footwear.
The traditional ecological knowledge amassed by the
Native Americans whose ancestors inhabited this region,
passed down from generation to generation, offers
critical insight into the historic and scientific
significance of the area. Such knowledge is, itself, a
resource to be protected and used in understanding and
managing this landscape sustainably for generations to
come.
Euro-Americans first explored the Bears Ears area
during the 18th century, and Mormon settlers followed
in the late 19th century. The San Juan Mission
expedition traversed this rugged country in 1880 on
their journey to establish a new settlement in what is
now Bluff, Utah. To ease the passage of wagons over the
slick rock slopes and through the canyonlands, the
settlers smoothed sections of the rock surface and
constructed dugways and other features still visible
along their route, known as the Hole-in-the-Rock Trail.
Cabins, corrals, trails, and carved inscriptions in the
rock reveal the lives of ranchers, prospectors, and
early archaeologists. Cattle rustlers and other outlaws
created a convoluted trail network known as the Outlaw
Trail, said to be used by Butch Cassidy and the
Sundance Kid. These outlaws took advantage of the
area's network of canyons, including the aptly-named
Hideout Canyon, to avoid detection.
The area's stunning geology, from sharp pinnacles to
broad mesas, labyrinthine canyons to solitary hoodoos,
and verdant hanging gardens to bare stone arches and
natural bridges, provides vital insights to geologists.
In the east, the Abajo Mountains tower, reaching
elevations of more than 11,000 feet. A long geologic
history is documented in the colorful rock layers
visible in the area's canyons.
For long periods over 300 million years ago, these
lands were inundated by tropical seas and hosted
thriving coral reefs. These seas infused the area's
black rock shale with salts as they receded. Later, the
lands were bucked upwards multiple times by the
Monument Upwarp, and near-volcanoes punched up through
the rock, leaving their marks on the landscape without
reaching the surface. In the sandstone of Cedar Mesa,
fossil evidence 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, in
the Late Triassic Period more than 200 million years
ago, seasonal monsoons flooded an ancient river system
that fed a vast desert here.
[[Page 1141]]
The paleontological resources in the Bears Ears area
are among the richest and most significant in the
United States, and protection of this area will provide
important opportunities for further archaeological and
paleontological study. Many sites, such as Arch Canyon,
are teeming with fossils, and research conducted in the
Bears Ears area is revealing new insights into the
transition of vertebrate life from reptiles to mammals
and from sea to land. Numerous ray-finned fish fossils
from the Permian Period have been discovered, along
with other late Paleozoic Era fossils, including giant
amphibians, synapsid reptiles, and important plant
fossils. Fossilized traces of marine and aquatic
creatures such as clams, crayfish, fish, and aquatic
reptiles have been found in Indian Creek's Chinle
Formation, dating to the Triassic Period, and phytosaur
and dinosaur fossils from the same period have been
found along Comb Ridge. Paleontologists have identified
new species of plant-eating crocodile-like reptiles and
mass graves of lumbering sauropods, along with
metoposaurus, crocodiles, and other dinosaur fossils.
Fossilized trackways of early tetrapods can be seen in
the Valley of the Gods and in Indian Creek, where
paleontologists have also discovered exceptional
examples of fossilized ferns, horsetails, and cycads.
The Chinle Formation and the Wingate, Kayenta, and
Navajo Formations above it provide one of the best
continuous rock records of the Triassic-Jurassic
transition in the world, crucial to understanding how
dinosaurs dominated terrestrial ecosystems and how our
mammalian ancestors evolved. In Pleistocene Epoch
sediments, scientists have found traces of mammoths,
short-faced bears, ground sloths, primates, and camels.
From earth to sky, the region is unsurpassed in
wonders. The star-filled nights and natural quiet of
the Bears Ears area transport visitors to an earlier
eon. Against an absolutely black night sky, our galaxy
and others more distant leap into view. As one of the
most intact and least roaded areas in the contiguous
United States, Bears Ears has that rare and arresting
quality of deafening silence.
Communities have depended on the resources of the
region for hundreds of generations. Understanding the
important role of the green highlands in providing
habitat for subsistence plants and animals, as well as
capturing and filtering water from passing storms, the
Navajo refer to such places as ``Nahodishgish,'' or
places to be left alone. Local communities seeking to
protect the mountains for their watershed values have
long recognized the importance of the Bears Ears'
headwaters. Wildfires, both natural and human-set, have
shaped and maintained forests and grasslands of this
area for millennia. Ranchers have relied on the forests
and grasslands of the region for ages, and hunters come
from across the globe for a chance at a bull elk or
other big game. Today, ecological restoration through
the careful use of wildfire and management of grazing
and timber is working to restore and maintain the
health of these vital watersheds and grasslands.
The diversity of the soils and microenvironments in the
Bears Ears area provide habitat for a wide variety of
vegetation. The highest elevations, in the Elk Ridge
area of the Manti-La Sal National Forest, contain
pockets of ancient Engelmann spruce, ponderosa pine,
aspen, and subalpine fir. Mesa tops include pinyon-
juniper woodlands along with big sagebrush, low sage,
blackbrush, rabbitbrush, bitterbrush, four-wing
saltbush, shadscale, winterfat, Utah serviceberry,
western chokecherry, hackberry, barberry, cliff rose,
and greasewood. Canyons contain diverse vegetation
ranging from yucca and cacti such as prickly pear,
claret cup, and Whipple's fishhook to mountain
mahogany, ponderosa pine, alder, sagebrush, birch,
dogwood, and Gambel's oak, along with occasional stands
of aspen. Grasses and herbaceous species such as
bluegrass, bluestem, giant ryegrass, ricegrass, needle
and thread, yarrow, common mallow, balsamroot, low
larkspur, horsetail, and peppergrass also grow here, as
well as pinnate spring parsley, Navajo penstemon,
Canyonlands lomatium, and the Abajo daisy.
Tucked into winding canyons are vibrant riparian
communities characterized by Fremont cottonwood,
western sandbar willow, yellow willow, and box
[[Page 1142]]
elder. Numerous seeps provide year-round water and
support delicate hanging gardens, moisture-loving
plants, and relict species such as Douglas fir. A few
populations of the rare Kachina daisy, endemic to the
Colorado Plateau, hide in shaded seeps and alcoves of
the area's canyons. A genetically distinct population
of Kachina daisy was also found on Elk Ridge. The
alcove columbine and cave primrose, also regionally
endemic, grow in seeps and hanging gardens in the Bears
Ears landscape. Wildflowers such as beardtongue,
evening primrose, aster, Indian paintbrush, yellow and
purple beeflower, straight bladderpod, Durango tumble
mustard, scarlet gilia, globe mallow, sand verbena,
sego lily, cliffrose, sacred datura, monkey flower,
sunflower, prince's plume, hedgehog cactus, and
columbine, bring bursts of color to the landscape.
The diverse vegetation and topography of the Bears Ears
area, in turn, support a variety of wildlife species.
Mule deer and elk range on the mesas and near canyon
heads, which provide crucial habitat for both species.
The Cedar Mesa landscape is home to bighorn sheep which
were once abundant but still live in Indian Creek, and
in the canyons north of the San Juan River. Small
mammals such as desert cottontail, black-tailed
jackrabbit, prairie dog, Botta's pocket gopher, white-
tailed antelope squirrel, Colorado chipmunk, canyon
mouse, deer mouse, pinyon mouse, and desert woodrat, as
well as Utah's only population of Abert's tassel-eared
squirrels, find shelter and sustenance in the
landscape's canyons and uplands. Rare shrews, including
a variant of Merriam's shrew and the dwarf shrew can be
found in this area.
Carnivores, including badger, coyote, striped skunk,
ringtail, gray fox, bobcat, and the occasional mountain
lion, all hunt here, while porcupines use their sharp
quills and climbing abilities to escape these
predators. Oral histories from the Ute describe the
historic presence of bison, antelope, and abundant
bighorn sheep, which are also depicted in ancient rock
art. Black bear pass through the area but are rarely
seen, though they are common in the oral histories and
legends of this region, including those of the Navajo.
Consistent sources of water in a dry landscape draw
diverse wildlife species to the area's riparian
habitats, including an array of amphibian species such
as tiger salamander, red-spotted toad, Woodhouse's
toad, canyon tree frog, Great Basin spadefoot, and
northern leopard frog. Even the most sharp-eyed
visitors probably will not catch a glimpse of the
secretive Utah night lizard. Other reptiles in the area
include the sagebrush lizard, eastern fence lizard,
tree lizard, side-blotched lizard, plateau striped
whiptail, western rattlesnake, night snake, striped
whipsnake, and gopher snake.
Raptors such as the golden eagle, peregrine falcon,
bald eagle, northern harrier, northern goshawk, red-
tailed hawk, ferruginous hawk, American kestrel,
flammulated owl, and great horned owl hunt their prey
on the mesa tops with deadly speed and accuracy. The
largest contiguous critical habitat for the threatened
Mexican spotted owl is on the Manti-La Sal National
Forest. Other bird species found in the area include
Merriam's turkey, Williamson's sapsucker, common
nighthawk, white-throated swift, ash-throated
flycatcher, violet-green swallow, cliff swallow,
mourning dove, pinyon jay, sagebrush sparrow, canyon
towhee, rock wren, sage thrasher, and the endangered
southwestern willow flycatcher.
As the skies darken in the evenings, visitors may catch
a glimpse of some the area's at least 15 species of
bats, including the big free-tailed bat, pallid bat,
Townsend's big-eared bat, spotted bat, and silver-
haired bat. Tinajas, rock depressions filled with
rainwater, provide habitat for many specialized aquatic
species, including pothole beetles and freshwater
shrimp. Eucosma navajoensis, an endemic moth that has
only been described near Valley of the Gods, is unique
to this area.
Protection of the Bears Ears area will preserve its
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
[[Page 1143]]
area remain for the benefit of all Americans. The Bears
Ears area has been proposed for protection by members
of Congress, Secretaries of the Interior, State and
tribal leaders, and local conservationists for at least
80 years. The area contains numerous objects of
historic and of scientific interest, and it provides
world class outdoor recreation opportunities, including
rock climbing, hunting, hiking, backpacking,
canyoneering, whitewater rafting, mountain biking, and
horseback riding. Because visitors travel from near and
far, these lands support a growing travel and tourism
sector that is a source of economic opportunity for 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;
WHEREAS, it is in the public interest to preserve the
objects of scientific and historic interest on the
Bears Ears lands;
NOW, THEREFORE, I, BARACK OBAMA, 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 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 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 encompass approximately
1.35 million acres. The boundaries described on the
accompanying map are confined to the smallest area
compatible with the proper care and management of the
objects to be protected.
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 U.S. Forest Service, 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 establishment of the monument is subject to valid
existing rights, including valid existing water rights.
If the Federal Government acquires ownership or control
of any lands or interests in lands that it did not
previously own or control 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.
The Secretary of Agriculture and the Secretary of the
Interior (Secretaries) shall manage the monument
through the U.S. Forest Service (USFS) and the Bureau
of Land Management (BLM), pursuant to their respective
applicable legal authorities, to implement the purposes
of this proclamation. 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, pursuant to applicable legal
authorities.
For purposes of protecting and restoring the objects
identified above, the Secretaries shall jointly prepare
a management plan for the monument and
[[Page 1144]]
shall promulgate such regulations for its management as
they deem appropriate. The Secretaries, through the
USFS and the BLM, shall consult with other Federal land
management agencies 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. The
Secretaries shall provide for maximum public
involvement in the development of that plan including,
but not limited to, 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.
The Secretaries, through the BLM and USFS, shall
establish an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.) to provide
information and advice regarding the development of the
management plan and, as appropriate, management of the
monument. This advisory committee shall consist of a
fair and balanced representation of interested
stakeholders, including State and local governments,
tribes, recreational users, local business owners, and
private landowners.
In recognition of the importance of tribal
participation to the care and management of the objects
identified above, and to ensure that management
decisions affecting the monument reflect tribal
expertise and traditional and historical knowledge, a
Bears Ears Commission (Commission) is hereby
established to provide guidance and recommendations on
the development and implementation of management plans
and on management of the monument. The Commission shall
consist of one elected officer each from the Hopi
Nation, Navajo Nation, Ute Mountain Ute Tribe, Ute
Indian Tribe of the Uintah Ouray, and Zuni Tribe,
designated by the officers' respective tribes. The
Commission may adopt such procedures as it deems
necessary to govern its activities, so that it may
effectively partner with the Federal agencies by making
continuing contributions to inform decisions regarding
the management of the monument.
The Secretaries shall meaningfully engage the
Commission or, should the Commission no longer exist,
the tribal governments through some other entity
composed of elected tribal government officers
(comparable entity), in the development of the
management plan and to inform subsequent management of
the monument. To that end, in developing or revising
the management plan, the Secretaries shall carefully
and fully consider integrating the traditional and
historical knowledge and special expertise of the
Commission or comparable entity. If the Secretaries
decide not to incorporate specific recommendations
submitted to them in writing by the Commission or
comparable entity, they will provide the Commission or
comparable entity with a written explanation of their
reasoning. The management plan shall also set forth
parameters for continued meaningful engagement with the
Commission or comparable entity in implementation of
the management plan.
To further the protective purposes of the monument, the
Secretary of the Interior shall explore entering into a
memorandum of understanding with the State that would
set forth terms, pursuant to applicable laws and
regulations, for an exchange of land currently 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. The Secretary of the Interior shall
report to the President by January 19, 2017, regarding
the potential for such an exchange.
Nothing in this proclamation shall be construed to
interfere with the operation or maintenance, or the
replacement or modification within the current
authorization boundary, of existing utility, pipeline,
or telecommunications
[[Page 1145]]
facilities located within the monument in a manner
consistent with the care and management of the objects
identified above.
Nothing in this proclamation shall be deemed to enlarge
or diminish the rights or jurisdiction of any Indian
tribe. The Secretaries shall, to the maximum extent
permitted by law and in consultation with Indian
tribes, ensure the protection of Indian sacred sites
and traditional cultural properties in the monument and
provide access by members of Indian tribes for
traditional cultural and customary uses, consistent
with the American Indian Religious Freedom Act (42
U.S.C. 1996) and Executive Order 13007 of May 24, 1996
(Indian Sacred Sites), including collection of
medicines, berries and other vegetation, forest
products, and firewood for personal noncommercial use
in a manner consistent with the care and management of
the objects identified above.
For purposes of protecting and restoring the objects
identified above, the Secretaries shall prepare a
transportation plan that designates the roads and
trails where motorized and non-motorized mechanized
vehicle use will be allowed. Except for emergency or
authorized administrative purposes, motorized and non-
motorized mechanized vehicle use shall be allowed only
on roads and trails designated for such use, consistent
with the care and management of such objects. Any
additional roads or trails designated for motorized
vehicle use must be for the purposes of public safety
or protection of such objects.
Laws, regulations, and policies followed by USFS or BLM
in issuing and administering grazing permits or leases
on lands under their jurisdiction shall continue to
apply with regard to the lands in the monument to
ensure the ongoing consistency with the care and
management of the objects identified above.
Nothing in this proclamation shall be deemed to enlarge
or diminish the jurisdiction of the State of Utah,
including its jurisdiction and authority with respect
to fish and wildlife management.
Nothing in this proclamation shall preclude low-level
overflights of military aircraft, the designation of
new units of special use airspace, or the use or
establishment of military flight training routes over
the lands reserved by this proclamation consistent with
the care and management of the objects identified
above.
Nothing in this proclamation shall be construed to
alter the authority or responsibility of any party with
respect to emergency response activities within the
monument, including wildland fire response.
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.
[[Page 1146]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-eighth day of December, in the year of our Lord
two thousand sixteen, and of the Independence of the
United States of America the two hundred and forty-
first.
(Presidential Sig.)
Billing code 3295-F7-P
[[Page 1147]]
[GRAPHIC] [TIFF OMITTED] TD05JA17.319
[FR Doc. 2017-00038
Filed 1-4-17; 8:45 am]
Billing code 4310-10-C