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Advisory council asks county attorney to draft resolution limiting national-monument designations: proposed 640-acre threshold and local consent

Emery County Public Lands Council · March 4, 2025
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Summary

The council recommended the county request congressional approval for new or expanded national monuments above a proposed 640-acre threshold and to require consent of affected local governments; members asked the county attorney to draft language for commissioners to consider.

Members of the Emery County Public Lands Council on Jan. 25 recommended that the county attorney draft a resolution urging limits on presidential monument designations and seeking congressional approval for larger designations.

The committee discussed two competing approaches: a broad repeal-style resolution (previously circulated in other counties) and a narrower approach that would ask Congress to limit designations above a defined acreage threshold and require local-government consent. Several members cited historical precedent: speakers referenced previous cases in which Congress later legislated limits, and one committee member pointed to the Alaska example and the historical Supreme Court context.

The committee favorably discussed an acreage threshold equal to one section (640 acres) as a working draft point and asked that any resolution include language requiring consent of affected local governments and clarification on contiguous vs. noncontiguous acreage. "We could say Congress needs to approve it if it's beyond or larger than 640 acres," the chair summarized during the discussion.

Why it matters: national monument designations can alter land use and management on federal lands in ways that affect local grazing, recreation and mineral access. Members who supported the narrower approach argued it would be more likely to gain traction at the state or federal level than a resolution that attempts to repeal the Antiquities Act outright.

Next steps: the advisory council moved to recommend the county attorney prepare a draft that incorporates the four discussed points (state-level position, congressional-approval threshold for large designations, consent of affected local governments, and acreage clarity) and to forward that draft to the county commissioners for consideration.

Sources: Emery County Public Lands Council meeting, Jan. 25 (committee discussion and motion to request drafting of resolution).