New National Monument proposals

User avatar
yuccahead
Posts: 603
Joined: Thu Apr 02, 2009 7:39 am
The middle number please (4): 7
Location: SE UT

Re: New National Monument proposals

Post by yuccahead »

MMM wrote: What would happen if another president would come along and revoke all the monuments made? Mike
I'm pretty sure that would be impossible. However, if I remember correctly, George Bush was about to test that aspect of presidential power early on by trying to reverse some of the Clinton monuments and open them for oil/gas drilling. Then 9/11 happened and it was all but forgotten.
MMM
Posts: 450
Joined: Sat May 09, 2009 6:25 pm
anti-spam detector: No
The middle number please (4): 4

Re: New National Monument proposals

Post by MMM »

Exactly my point. Once a monument is created is is cast in stone. Bush tried to reverse the roadless rule made by clinton and (and I may be wrong as to exactly which district court made the ruling) believe the good ole 9th district said clintons actions could not be undone by another president. And as far as asking any wilderness advocacy group for their support of wilderness or wilderness, it would be like (in my opinion) asking a drug addict if they thought police were over-reacting to his or her drug use. And once again, I make this statement. If Obama is set on the creation of thse national monuments let he so declare his intent and stop the back room deal making or the need to have this kind of desision be made in secret.

Mike
Jim Hatt

Re: New National Monument proposals

Post by Jim Hatt »

MMM (Mike)

The way I read the Wilderness Act. Complete copy posted at: http://www.desertusa.com/mb3/viewtopic.php?f=9&t=401) The President cannot designate a Wilderness Area with the approval of Congress.

I have cut and pasted part of the applicable section 3.(2)(b) below.

Presidential recommendation to Congress. The President shall advise the United States Senate and House of Representatives of his recommendations with respect to the designation as "wilderness" or other reclassification of each area on which review has been completed, together with maps and a definition of boundaries. Such advice shall be given with respect to not less than one-third of all the areas now classified as "primitive" within three years after the enactment of this Act, and the remaining areas within ten years after the enactment of this Act. Congressional approval. Each recommendation of the President for designation as "wilderness" shall become effective only if so provided by an Act of Congress. Areas classified as "primitive" on the effective date of this Act shall continue to be administered under the rules and regulations affecting such areas on the effective date of this Act until Congress has determined otherwise.

If I understand correctly what I read above... This is probably why it would be so difficult for one President to "undo" something previously done by another. He would have to get the Congress' approval to achieve it. Just because Obama wants to do it, is no guarantee that it will happen.

Jim
Brew
Posts: 338
Joined: Sat Mar 28, 2009 10:43 am

Re: New National Monument proposals

Post by Brew »

Aren't we talking about monuments, not wilderness areas?

Brew
Jim Hatt

Re: New National Monument proposals

Post by Jim Hatt »

Good point Brew... That is the title of the Topic. Sorry for drifting off topic like that. I was just responding to the comment made about "Wilderness". I wouldn't be surprised to learn that there was an entirely different document, that defined and Governed "Monuments" in much the same way.

Jim
Post Reply