Violation
Bears Ears National Monument (2016-2026): designation, reductions, restoration and the July 2026 action (context, not a treaty claim)
Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.
Bears Ears was set at 1.35 million acres in 2016, cut in 2017, enlarged in 2021, cut in 2026.
- Treaty
- No treaty claim; Antiquities Act proclamations; Navajo (1868) and Ute (1868) treaties are historical context
- Nations
- Hopi Tribe, Navajo Nation, Ute Mountain Ute Tribe, Ute Indian Tribe of the Uintah and Ouray Reservation, Pueblo of Zuni (Bears Ears Inter-Tribal Coalition)
- When
- 2017; 2026
- Land affected
- Federal protection for cultural landscapes; the first tribal co-management commission.
- Acreage
- 1.36 million acres (2021 boundary); post-July 2026 reserved acreage 121,096 (Proclamation 11043); 1,238,904 acres excluded
- Legal aftermath
- Pending litigation as of Oct. 2026.
What happened
This is context, not an adjudicated treaty violation. Bears Ears National Monument in Utah was created and changed by presidential proclamation, not by treaty.
The Federal Register text of the July 2026 proclamation says President Obama's Proclamation 9558 of December 28, 2016 reserved approximately 1.35 million acres. In Proclamation 9681 of December 4, 2017, President Trump excluded approximately 1.15 million acres and reserved about 11,200 acres not previously covered. On October 8, 2021, President Biden's Proclamation 10285 expanded the monument to approximately 1.36 million acres. It said it "confirms, restores, and supplements" the 2016 boundaries. It also reestablished the Bears Ears Commission, so that management would reflect "expertise and traditional and historical knowledge of Tribal Nations."
On July 13, 2026, President Trump signed Proclamation 11043. It says a smaller reservation of approximately 121,096 acres, in two units called Shash Jáa and Indian Creek, is the smallest area compatible with protecting the monument's objects. It also says "The BEC is hereby disbanded and terminated," while directing the Secretaries to keep consulting Tribal Nations under other authorities.
Archaeology Southwest, which posted a Conservation Lands Foundation press release, says groups asked the federal court in Washington, D.C., to reopen the case first filed in December 2017 so they can challenge the 2026 proclamation.
Good to know. Bears Ears was created and changed by presidential proclamation; no treaty claim is involved.
Summarized with AI assistance from 4 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.
The BEC is hereby disbanded and terminated
Proclamation 11043 of July 13, 2026, Modifying the Bears Ears National Monument (Federal Register)Revising the Monument’s boundaries to encom- pass approximately 121,096 acres will also account
Proclamation 11043, Federal RegisterThis proclamation confirms, restores, and supplements the boundaries and protections provided by Proclamation 9558
Proclamation 10285 of October 8, 2021, Bears Ears National Monument (Federal Register)The filing reactivates litigation first brought in December 2017
Archaeology Southwest, Conservation Lands Foundation press release on the 2026 proclamation
Research notes. Acreage: 2016 about 1.35 million; the 2017 proclamation excluded about 1.15 million and added about 11,200 (per the 2026 text); 2021 about 1.36 million; 2026 about 121,096. The court challenge is described by an advocacy press release (posted by Archaeology Southwest for the Conservation Lands Foundation); its status was not checked. Hoodline (a news aggregator) was dropped. The 2017 proclamation was not re-read for its own acreage claims. No treaty claim is involved; the Navajo (1868) and Ute treaties are background only.
Who is doing the work
This history belongs to living nations. Start with them:
Working with these nations
- Bears Ears Inter-Tribal Coalition Nation government Tribal co-management and protection of Bears Ears National Monument Give on their site Website
- The Hopi Foundation Native-led Hopi community self-determination, capacity building, leadership programs and Hopi radio Give on their site Website
- Hopi Tutskwa Permaculture Institute Native-led Hopi land stewardship, food sovereignty and regional food hub Give on their site Website
Land return and Native-led work nearby
- Colorado Plateau Foundation Native-led Grants to Native-led organizations protecting Colorado Plateau lands, waters and cultures Give on their site Website
- Utah Diné Bikéyah (UDB) Native-led Protecting ancestral Native American lands in the Bears Ears region Give on their site Website
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
These links were matched automatically by name or date and have not yet been reviewed by a person.
Nations named 4
Carried out through 3
Concerns the instrument 2
Located in 1
Policy era 1
Sources
- hcn.org/articles/bears-ears-cuts-also-end-first-of-its-kind-tribal-land-commission/news
- federalregister.gov/documents/2021/10/15/2021-22672/bears-ears-national-monumentprimary record
- en.wikipedia.org/wiki/Bears_Ears_National_Monumentpointer
- courthousenews.com/patagonia-tribes-and-conservationists-reopen-suit-to-block-utah-nationaunclassified
- nativenewsonline.net/sovereignty/trump-revokes-bears-ears-national-monument-protections-trunclassified
The record’s fields
- What happened
- Bears Ears National Monument (2016-2026): designation, reductions, restoration and the July 2026 action (context, not a treaty claim) -- Proclamation 9558 (Dec. 28, 2016) designated 1,351,849 acres; Proclamation 9681 (Dec. 4, 2017) reduced it to about 201,000 acres (removing more than 1.1 million acres); Proclamation 10285 (Oct. 8, 2021; 86 FR 57321) restored about 1.36 million acres and re-established the Bears Ears Commission to reflect 'expertise and traditional and historical knowledge of Tribal Nations.' On July 13, 2026 President Trump signed Proclamation 11043 (91 FR 45169, published July 17), which modified the monument's boundaries: reserved lands about 121,096 acres, about 1,238,904 acres excluded, Bears Ears Commission disbanded, excluded lands open to mineral and mining entry 60 days after signing. Native News Online's 'revoked' overstates it; Wikipedia's 'Proclamation 9558' label is wrong (9558 is the 2016 designation). High Country News and Courthouse News (91%) match the text. Legal challenge: NARF (for the Hopi, Zuni, Ute Mountain Ute) argues the Antiquities Act authorizes designation but not revocation; a suit by Patagonia, Hopi, Navajo, Ute Indian Tribe, Zuni and NRDC-led groups was reopened Sept. 2, 2026 before Judge Tanya Chutkan in D.D.C.; the Tenth Circuit in June 2026 affirmed in part, vacated in part and remanded challenges to the 2021 boundaries (per Wikipedia).
- Kind
- Violation
- Confidence
- Low
- Nation review
- Not yet reviewed by this nation
- Notes
- Context record, not a treaty