HCM 2012
Initials JH/MB Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: FMAE DP 4-3-0-0 | 3
rd
Read 31-25-4-0
Senate: NR DP 4-3-1-0 | 3
rd
Read 17-12-1-0
HCM2012: antiquities act; exception
Sponsor: Representative Griffin, LD 19
Transmitted to the Secretary of State
Overview
Cites the misuse of the Antiquities Act of 1906 and requests an exemption from certain
provisions the act.
History
The Antiquities Act of 1906 (Act) allows the President of the United States to declare historic
landmarks, structures and other objects of historic or scientific interest situated upon lands
owned or controlled by the United States to be national monuments. The Act allows the
government to relinquish property held in private ownership for the necessary and proper
care and management of designated objects (16 U.S.C. § 431).
Provisions
1. States the Act has been misused by presidents to designate enormous parcels of real
property. (Sec. 1)
2. Cites the intense opposition to President Franklin D. Roosevelt's use of the Act in
Wyoming to create Jackson Hole National Monument as an example of misuse. (Sec. 1)
3. Recognizes the exemption granted to Wyoming in an amendment of the Act, preventing
additional creations of national parks and monuments in Wyoming unless authorized by
the U.S. Congress. (Sec. 1)
4. Notes that only 18% of land in Arizona is available for private ownership and designating
new national monuments like the proposed Great Bend of the Gila diminishes land
available for Arizonans. (Sec. 1)
5. Proclaims monument designations have become egregious and negatively impact the
state's ability to promote public recreation and maintain water resources, manage
wildlife, restore habitats and perform wildlife translocations. (Sec. 1)
6. States closures and restrictions of public land significantly affect Arizona's economic well-
being and ability to maximize economic production. (Sec. 1)
7. Declares the biggest threat to Arizona is the intrusion and overreach of the federal
government onto Arizona's lands. (Sec. 1)
8. Requests that Congress immediately exempt Arizona from the Act, similarly to how
Wyoming is exempt. (Sec. 1)
9. Requires the Secretary of State to transmit the Memorial to the President of the U.S. and
Members of Congress from Arizona. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note