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Utah Senate adopts resolution opposing unilateral monument designation; Bears Ears debate spotlights economic and cultural concerns

Utah State Senate · May 18, 2016
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Summary

The Utah Senate passed House Concurrent Resolution 201 opposing unilateral use of the Antiquities Act to create a large monument (commonly discussed as Bears Ears). Debate featured San Juan County leaders and senators arguing about local access, NEPA studies and whether the resolution is a productive step; the resolution passed 22–5 with 2 absent.

The Utah State Senate on May 2016 adopted House Concurrent Resolution 201, a nonbinding message opposing unilateral use of the Antiquities Act to create a large national monument in Utah (commonly discussed in the session as the proposed Bears Ears designation). The resolution was transmitted from the House and debated at length on the Senate floor.

Senator Hinkins, speaking for the resolution, said citizens from San Juan County oppose a 1.9‑ to 2‑million‑acre set‑aside and urged local management and inclusion of Native American representatives on any governing board. He and other proponents said the resolution invites the President and the Department of the Interior to negotiate with Utah’s congressional delegation, state leadership and local stakeholders, and emphasized the need for National Environmental Policy Act (NEPA) review. Chester Johnson, a San Juan County leader who traveled to the Capitol, was acknowledged on the floor as an affected local leader; Commissioner Benally of San Juan County was also noted as present and opposed to the designation.

Opponents on the floor argued a resolution that attempts to constrain the president’s authority under the Antiquities Act risks being inflammatory or ineffective. Senator Davis said the resolution went beyond a simple statement of opposition and questioned whether the state was overreaching into federal authority; others urged outreach and negotiation instead of a confrontational message.

Senator Van Tassel and other speakers warned about practical effects of a large monument designation on traditional uses, saying people could lose the ability to harvest wood, hunt and gather traditional medicines if restrictions mirrored those of national parks. Senator Backus urged a different approach: instead of a confrontational resolution, he recommended negotiation and a focused effort to bring federal decision‑makers to the table.

The Senate passed HCR201 by roll call, 22 yeas, 5 nays and 2 absent. President Niederhauser signed the resolution for transmittal to the House; the clerk then reported other final business and the Senate adjourned.

Next steps: The resolution, as a nonbinding expression, will be sent to the House and transmitted to federal offices as the resolution directs; it does not itself alter federal authority or create legal restrictions.