Bear Ears Monument remains controversial

Bear Ears Monument in Utah remains in the middle of controversy. The state of Utah has submitted maps to the Interior Department that show Bear Ears National Monument cut in size from 1.35 million acres to approximately 120,000 acres.

While the Trump administration has not announced a final decision on the state's vision, Utah Senator Orrin Hatch has issued a press release praising the administration's impending decree.

Governor Gary Herbert's office argues that the state's proposal will do more to preserve the region's archaeological sites and ensure the sanctity of its scenic and fragile lands.

However, Native American leaders disagree, saying this proposal ignores the wishes of the tribes that sought the monument in the first place.

Navajo Nation President Russell Begaye said the state's proposal "demonstrates their failure to listen to the concerns of our people who have lobbied and fought for over 80 years for this designation."

"Now that we finally have achieved that, we want to keep the designation as it is," Begaye said. "It is unfortunate the state and [San Juan] County do not respect the views of their citizens and neighbors."

State officials disagree, however, saying tribal wisdom matters a great deal and their concerns played a prominent role in crafting the state's Bear Ears alternative.

Thousands of ancient Native American sites are embedded in the landscape spanning Cedar Mesa, Grand Gulch, White Canyon, Dark Canyon and Elk Ridge. According to the Utah State Historic Preservation Office, only 9.2 percent of the monument has been inventoried, and the office has records for more than 9,000 known Native American sites and historic structures. State Assistant Attorney General, Tony Rampton, says the most serious threat to archaeological sites is uncontrolled visitation and access. He says the plan submitted to Interior is "a thoughtful, careful way for structuring a Bear Ears monument that will actually accomplish what people want to have happen out there, which is to protect the Native American sites, to protect traditional Native American uses and to preserve things as much as possible as they are and have been for 700 years.

"This place is as it is because it has been left alone and a monument is not leaving this place alone," Rampton said.

However if Utah's vision is enacted, it is likely to be challenged in court by the tribes that sought the monument.

Governor Herbert said tribes who challenge the process legally could be moving against their own best interests, especially if a monument results in unwelcome visitation and Congress gives tribes a much higher level of management authority.

"Archaeologists tell us the biggest thing we need to have for protection is less people going to these sites, yet a monument attracts people to go to the sites," Herbert told reporters. "It's counterproductive so I think we can come together on a common-sense approach."

When Interior Secretary Ryan Zinke, on June 10, called for Bear Ears to be " right sized," he concluded that its vast span exceeds the scope of the Antiquities Act, which requires monuments be confined to the smallest areas possible.

The state's plan proposes a national recreation area for Indian Creek, the monument's northeast extension, which would be administered by the National Park Service.

Utah also proposes a mineral withdrawal for much of the southern half of Bear Ears, which would rule out mining and other extraction; however the state's intentions for the monument's northern half are unclear, and that land contains abundant deposits of mineral wealth.

When President Obama designated Bear Ears a national monument, his proclamation gave five tribes a special advisory role in monument management. However, tribal officials remain unhappy the state did not consult them on any of its suggestions to Interior.