Bears Ears National Monument, 57321-57334 [2021-22672]

Agencies

• Executive Office of the President

[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. 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.

                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]]

                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.

                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. 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. 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]]

                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. 
                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.

                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.

                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.

                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.

                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. 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.

                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. 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.

                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.

                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.

                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

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                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. 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. 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. 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.

                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.

                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. 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. 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. 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. 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. 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.

                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. 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. 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. 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. 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.

                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.

                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

                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

                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; 
                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, 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.

                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. 
                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. 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.

                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]]

                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