Statute
Bears Ears reductions and restoration (2017 and 2021)
Bears Ears was cut by about 1.15 million acres in 2017 and restored to about 1.36 million acres in 2021.
- Citation
- Proclamation 9681 (Dec. 4, 2017), 82 FR 58081 (reduction); Proclamation 10285 (Oct. 8, 2021), 86 FR 57321 (restoration)
- Year
- 2017
- Effect on land rights
- mixed
What happened
On December 4, 2017, President Donald Trump issued Proclamation 9681, "Modifying the Bears Ears National Monument." It recalls that Proclamation 9558 had reserved about 1.35 million acres and argues that many of the objects it named are "otherwise protected by Federal law." It says it is in the public interest to exclude "approximately 1,150,860 acres of land" that the President found unnecessary for the care and management of the monument's objects. The Federal Register text also revised the Bears Ears Commission: it was renamed the Shash Jáa Commission, limited to the Shash Jáa unit, and expanded to include a San Juan County commissioner.
The Bears Ears Inter-Tribal Coalition's site says the 2017 action reduced the monument by "approximately 87 percent." Other figures circulate; the proclamation's own acreage is the number used here.
On October 8, 2021, President Joseph Biden issued Proclamation 10285. It states that Proclamation 9681 "removes protection from objects of historic and scientific interest across the Bears Ears landscape," notes that multiple parties had challenged the reduction in federal court, and "confirms, restores, and supplements the boundaries and protections" of Proclamation 9558. It also says the Bears Ears Commission "is reestablished." A 2026 proclamation later describes the 2021 action as expanding the monument to about 1.36 million acres.
The Coalition's site adds that in summer 2022 the Coalition tribes, the Bureau of Land Management and the Forest Service signed an Inter-Governmental Cooperative Agreement on collaborative management.
Good to know. Sources give different percentages for the 2017 cut: about 85 percent by the proclamation's own acreage, about 87 percent by the Coalition.
Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
to exclude from its designation and reservation approximately 1,150,860 acres of land
Proclamation 9681, Modifying the Bears Ears National Monument, 82 FR 58081shall also include the elected officer of the San Juan County Commission representing District 3
Proclamation 9681, Modifying the Bears Ears National Monument, 82 FR 58081This proclamation confirms, restores, and supplements the boundaries and protections provided by Proclamation 9558
Proclamation 10285, Bears Ears National Monument (Oct. 8, 2021), White House archivea Bears Ears Commission (Commission) is reestablished in accordance with the terms, conditions, and obligations set forth in Proclamation 9558
Proclamation 10285, Bears Ears National Monument (Oct. 8, 2021), White House archiveThe following year, the Monument was reduced by approximately 87 percent.
The Bears Ears Inter-Tribal Coalition Turns Eleven (bearsearscoalition.org)
Research notes. Percent reductions differ by source (85 percent by the proclamation's own numbers, 87 percent by the Coalition, 83 percent by another report in the old record); acreage from the proclamation is used. The Coalition's account of the 2022 agreement is the Coalition's own. Court challenges to the 2017 proclamation were not followed to a ruling in any opened source. The 1.36 million figure for 2021 comes from the 2026 proclamation's description.
Who is doing the work
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Connections
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Doctrine applied 3
Policy era 1
Used to carry out 1
Sources
- Kind
- Statute
- Confidence
- High