April 7, 2024 (Sunday)
In August 1870 a U.S. exploring expedition headed out from Montana toward the Yellowstone River into land the U.S. government had recognized as belonging to different Indigenous tribes.
By October the men had reached the Yellowstone, where they reported they had “found abundance of game and trout, hot springs of five or six different kinds…basaltic columns of enormous size” and a waterfall that must, they wrote, “be in form, color and surroundings one of the most glorious objects on the American Continent.” On the strength of their widely reprinted reports, the secretary of the interior sent out an official surveying team under geologist Ferdinand V. Hayden. With it went photographer William Henry Jackson and fine artist Thomas Moran.
Banker and railroad baron Jay Cooke had arranged for Moran to join the expedition. In 1871 the popular Scribner’s Monthly published the surveyor’s report along with Moran’s drawings and a promise that Cooke’s Northern Pacific Railroad would soon lay tracks to enable tourists to see the great natural wonders of the West.
But by 1871, Americans had begun to turn against the railroads, seeing them as big businesses monopolizing American resources at the expense of ordinary Americans. When Hayden called on Congress to pass a law setting the area around Yellowstone aside as a public park, two Republicans—Senator Samuel Pomeroy of Kansas and Delegate William H. Clagett of Montana—introduced bills to protect Yellowstone in a natural state and provide against “wanton destruction of the fish and game…or destruction for the purposes of merchandise or profit.”
The House Committee on Public Lands praised Yellowstone Valley’s beauty and warned that “persons are now waiting for the spring…to enter in and take possession of these remarkable curiosities, to make merchandise of these bountiful specimens, to fence in these rare wonders so as to charge visitors a fee, as is now done at Niagara Falls, for the sight of that which ought to be as free as the air or water.” It warned that “the vandals who are now waiting to enter into this wonderland will, in a single season, despoil, beyond recovery, these remarkable curiosities which have required all the cunning skill of nature thousands of years to prepare.”
The New York Times got behind the idea that saving Yellowstone for the people was the responsibility of the federal government, saying that if businesses “should be strictly shut out, it will remain a place which we can proudly show to the benighted European as a proof of what nature—under a republican form of government—can accomplish in the great West.”
On March 1, 1872, President U. S. Grant, a Republican, signed the bill making Yellowstone a national park.
The impulse to protect natural resources from those who would plunder them for profit expanded 18 years later, when the federal government stepped in to protect Yosemite. In June 1864, Congress had passed and President Abraham Lincoln signed a law giving to the state of California the Yosemite Valley and nearby Mariposa Big Tree Grove “upon the express conditions that the premises shall be held for public use, resort and recreation.”
But by 1890 it was clear that under state management the property had been largely turned over to timber companies, sheep-herding enterprises, and tourist businesses with state contracts. Naturalist John Muir warned in the Century magazine: “Ax and plow, hogs and horses, have long been and are still busy in Yosemite’s gardens and groves. All that is accessible and destructible is rapidly being destroyed.” Congress passed a law making the land around the state property in Yosemite a national park area, and the United States military began to manage the area.
The next year, in March 1891, Congress gave the president power to “set apart and reserve…as public reservations” land that bore at least some timber, whether or not that timber was of any commercial value. Under this General Revision Act, also known as the Forest Reserve Act, Republican president Benjamin Harrison set aside timber land adjacent to Yellowstone National Park and south of Yosemite National Park. By September 1893, about 17 million acres of land had been put into forest reserves. Those who objected to this policy, according to Century, were “men [who] wish to get at it and make it earn something for them.”
Presidents of both parties continued to protect American lands, but in the late nineteenth century it was New York Republican politician Theodore Roosevelt who most dramatically expanded the effort to keep western lands from the hands of those who wanted only their timber and minerals.
Roosevelt was concerned that moneygrubbing was eroding the character of the nation, and he believed that western land nurtured the independence and community that he worried was disappearing in the East. During his presidency, which stretched from 1901 to 1909, Roosevelt protected 141 million acres of forest and established five new national parks.
More powerfully, he used the 1906 Antiquities Act, which Congress had passed to stop the looting and sale of Indigenous objects and sites, to protect land. The Antiquities Act allowed presidents to protect areas of historic, cultural, or scientific interest. Before the law was a year old, Roosevelt had created four national monuments: Devils Tower in Wyoming, El Morro in New Mexico, and Montezuma Castle and Petrified Forest in Arizona.
In 1908, Roosevelt used the Antiquities Act to protect the Grand Canyon.
Since then, presidents of both parties have protected American lands. President Jimmy Carter rivaled Roosevelt’s protection of land when he protected more than 100 million acres in Alaska from oil development. Carter’s secretary of the interior, Cecil D. Andrus, saw himself as a practical man trying to balance the needs of business and environmental needs but seemed to think business interests had become too powerful: “The domination of the department by mining, oil, timber, grazing and other interests is over.”
In fact, the fight over the public lands was not ending; it was entering a new phase. Since the 1980s, Republicans have pushed to reopen public lands to resource development, maintaining even today that Democrats have hampered oil production although it is currently, under President Joe Biden, at an all-time high.
The push to return public lands to private hands got stronger under former president Donald Trump. On April 26, 2017, Trump signed an executive order—Executive Order 13792—directing his secretary of the interior, Ryan Zinke, to review designations of 22 national monuments greater than 100,000 acres, made since 1996. He then ordered the largest national monument reduction in U.S. history, slashing the size of Utah’s Bears Ears National Monument by 85%—a goal of uranium mining interests—and that of Utah’s Escalante–Grand Staircase by about half, favoring coal interests.
“No one better values the splendor of Utah more than you do,” Trump told cheering supporters. “And no one knows better how to use it.”
In March 2021, shortly after he took office, President Biden announced a new initiative to protect 30% of U.S. land, fresh water, and oceans areas by 2030, a plan popularly known as 30 by 30. Also in March 2021, Supreme Court chief justice John Roberts urged opponents of land protection to push back against the Antiquities Act, saying the broad protection of lands presidents have established under it is an abuse of power.
In October 2021, President Biden restored Bears Ears and Escalante–Grand Staircase to their original size. “Today’s announcement is not just about national monuments,” Interior Secretary Deb Haaland, a member of the Laguna Pueblo in New Mexico, said at the ceremony. “It’s about this administration centering the voices of Indigenous people and affirming the shared stewardship of this landscape with tribal nations.”
In 2022, nearly 312 million people visited the country’s national parks and monuments, supporting 378,400 jobs and spending $23.9 billion in communities within 60 miles of a park. This amounted to a $50.3 billion benefit to the nation’s economy.
But the struggle over the use of public lands continues, and now the Republicans are standing on the opposite side from their position of a century ago. Project 2025, the blueprint for a second Trump presidency, demands significant increases in drilling for oil and gas. That will require removing land from federal protection and opening it to private development. As Roberts urged, Project 2025 promises to seek a Supreme Court ruling to permit the president to reduce the size of national monuments.
But it takes that advice even further.
It says a second Trump administration “must seek repeal of the Antiquities Act of 1906."