The link below is to an article that reports on the creation of massive new national parks in Chile.
In the few days since President Trump issued his Executive Order on National Monuments, many legal scholars have questioned the legality of his actions under the Antiquities Act. Indeed, if the president attempts to revoke or downsize a monument designation, such actions would be on shaky, if any, legal ground.
But beyond President Trump’s dubious reading of the Antiquities Act, his threats also implicate a suite of other cultural and ecological laws implemented within our national monuments.
By opening a Department of Interior review of all large-scale monuments designated since 1996, Trump places at risk two decades’ worth of financial and human investment in areas such as endangered species protection, ecosystem health, recognition of tribal interests and historical protection.
Why size matters
Trump’s order suggests that larger-scale monuments such as Bears Ears National Monument in Utah, or the Missouri River Breaks National Monument in Montana, run afoul of the Antiquities Act because of their size. Nothing is farther from the truth. The act gives presidents discretion to protect landmarks and “objects of historic or scientific interest” located within federal lands. Designations are not limited to a particular acreage, but rather to “the smallest area compatible with proper care and management of the objects to be protected.”
Thus, the size and geographic range of the protected resources dictate the scale of the designation. We would not be properly managing the Grand Canyon by preserving a foot-wide cross-section of its topography in a museum.
The U.S. Supreme Court upheld the validity of larger-scale monuments when it affirmed President Teddy Roosevelt’s 1908 designation of the Grand Canyon as “the greatest eroded canyon in the United States” in Cameron v. U.S. in 1920. Cameron, an Arizona prospector-politician, had filed thousands of baseless mining claims within the canyon and on its rim, including the scenic Bright Angel Trail, where he erected a gate and exacted an entrance fee. He challenged Roosevelt’s sweeping designation and lost, spectacularly, because the Grand Canyon’s grandeur was precisely what made it worthy of protection.
By downsizing or dismantling a monument, Trump would be intentionally unprotecting the larger-scale resources our nation has been managing as national treasures. The loss in value would be considerable, and compounded doubly by the lost cultural and ecological progress we have made under related laws.
Cultural costs of downsizing
The Antiquities Act has long been used to protect important archaeological resources. Some of the earliest designations, like El Morro and Chaco Canyon in New Mexico, protected prehistoric rock art and ruins as part of the nation’s scientific record. This protection has been particularly critical in the Southwest, where looting and pot hunting remain a significant threat. Similar interests drove the creation of several monuments subject to Trump’s order, including Grand Staircase-Escalante National Monument, Canyon of the Ancients National Monument and Bears Ears National Monument. Thus, any changes to those monuments mean less protection for – and less opportunity to learn from – these archaeological wonders.
But we have learned that our past and our natural world are not merely matters for scientific inquiry to be explained by professors through lectures and field studies. Instead, scientists, archaeologists and federal land managers recognize the need to understand and foster continuing cultural connection between indigenous people and the areas where they and their ancestors have lived, worshipped, hunted and gathered since time immemorial. Many of these places are on federal lands.
While other recent designations recognized the present-day use of monument areas by tribes and their members, Bears Ears National Monument was the first to specifically protect both historic and prehistoric cultural resources and the ongoing cultural value of the area to present-day tribes. Unlike prior monuments, Bears Ears came at the initiative of tribal people, led by a unique inter-tribal coalition that brought together many area residents and garnered support from over 30 tribes nationwide. This coalition also sought collaborative tribal-federal management as a way to meaningfully invigorate cultural protection. As a result, President Obama also established the Bears Ears Commission, an advisory group of elected tribal members with whom federal managers must meaningfully engage in managing the monument.
This national investment in cultural collaboration brings great value – a value utterly ignored by Trump’s order. In fact, under that order, Bears Ears faces an expedited (45-day) review because, as Secretary Ryan Zinke noted in a recent press conference, it is “the most current one.” Though the order includes opportunity for tribal input, the Bears Ears inter-tribal coalition has yet to hear from Secretary Zinke, notwithstanding numerous requests to meet.
Ecological costs of downsizing
Because they preclude development, national monuments are also critically important for ecological protection. In fact, they often serve the objectives of other federal requirements, such as the Endangered Species Act.
For example, Devils Hole National Monument provides the only known habitat for the endangered Devils Hole Pupfish (Cyprinodon diabolis). This has meant that groundwater exploitation from nearby development is restricted to protect Pupfish habitat. Similarly, the Grand Staircase-Escalante National Monument is home to an array of imperiled wildlife, including the endangered desert tortoise and the endangered California condor, along with many other native species like desert bighorn sheep and peregrine falcons.
Within the protective reach of a national monument, we are also likely to find important stretches of land officially designated by federal agencies as protected land, such as scenic wilderness, wilderness study areas, the Bureau of Land Management’s areas of critical environmental concern (ACEC) or the Forest Service’s research natural areas (RNAs). Each monument’s care is thus interwoven with the management of these other ecologically designated areas, something plainly apparent to the communities and agency officials long working with these lands.
These costs may hit close to home for Zinke since the Missouri River Breaks National Monument, located in his home state of Montana, is on the chopping block. President Clinton designated this 375,000-acre monument in 2001 to protect its biological, geological and historical wealth from the pressures of grazing and oil and gas extraction. Clinton noted that “[t]he area has remained largely unchanged in the nearly 200 years since Meriwether Lewis and William Clark traveled through it on their epic journey.”
The monument contains a National Wild and Scenic River corridor and segments of the Lewis and Clark and Nez Perce National Historic Trails, as well as the Cow Creek Island ACEC. It is the “fertile crescent” for hundreds of iconic game species and provides essential winter range for sage grouse (carefully managed to avoid listing under the ESA) and spawning habitat for the endangered pallid sturgeon. Archaeological and historical sites also abound, including teepee rings, historic trails and lookout sites of Meriwether Lewis.
The size of the Missouri River Breaks monument is thus scaled to protect an area in which lie valuable objects and geographic features, and a historic – even monumental – journey took place. And every investment we make in the monument yields a twofold return as it supports our nation’s cultural and ecological obligations under related federal laws.
At the end of the day, while Trump’s order trumpets the possibility that monument downsizing will usher in economic growth, it makes no mention of the extraordinary economic, scientific and cultural investments we have made in those monuments over the years. Unless these losses are considered in the calculus, our nation has not truly engaged in a meaningful assessment of the costs of second-guessing our past presidents.
Michelle Bryan, Professor of Law, The University of Montana; Monte Mills, Assistant Professor of Law & Co-Director, Margery Hunter Brown Indian Law Clinic, The University of Montana, and Sandra B. Zellmer, Professor of Law, University of Nebraska-Lincoln
As transportation networks expand and urban areas grow, noise from sources such as vehicle engines is spreading into remote places. Human-caused noise has consequences for wildlife, entire ecosystems and people. It reduces the ability to hear natural sounds, which can mean the difference between life and death for many animals, and degrade the calming effect that we feel when we spend time in wild places.
Protected areas in the United States, such as national parks and wildlife refuges, provide places for respite and recreation, and are essential for natural resource conservation. To understand how noise may be affecting these places, we need to measure all sounds and determine what fraction come from human activities.
In a recent study, our team used millions of hours of acoustic recordings and sophisticated models to measure human-caused noise in protected areas. We found that noise pollution doubled sound energy in many U.S. protected areas, and that noise was encroaching into the furthest reaches of remote areas.
Our approach can help protected area managers enhance recreation opportunities for visitors to enjoy natural sounds and protect sensitive species. These acoustic resources are important for our physical and emotional well-being, and are beautiful. Like outstanding scenery, pristine soundscapes where people can escape the clamor of everyday life deserve protection.
What is noise pollution?
“Noise” is an unwanted or inappropriate sound. We focused on human sources of noise in natural environments, such as sounds from aircraft, highways or industrial sources. According to the Environmental Protection Agency, noise pollution is noise that interferes with normal activities, such as sleeping and conversation, and disrupts or diminishes our quality of life.
Human-caused noise in protected areas interferes with visitors’ experience and alters ecological communities. For example, noise may scare away carnivores, resulting in inflated numbers of prey species such as deer. To understand noise sources in parks and inform management, the National Park Service has been monitoring sounds at hundreds of sites for the past two decades.
Estimating human-generated noise
Noise is hard to quantify at large-landscape scales because it can’t be measured by satellite or other visual observations. Instead researchers have to collect acoustic recordings over a wide area. NPS scientists on our team used acoustic measurements taken from 492 sites around the continental United States to build a sound model that quantified the acoustic environment.
They used algorithms to determine the relationship between sound measurements and dozens of geospatial features that can affect measured average sound levels. Examples include climate data, such as precipitation and wind speed; natural features, such as topography and vegetation cover; and human features, such as air traffic and proximity to roads.
Using these relationships, we predicted how much human-caused noise is added to natural sound levels across the continental United States.
To get an idea of the potential spatial extent of noise pollution effects, we summarized the amount of protected land experiencing human-produced noise three or 10 decibels above natural. These increments represent a doubling and a 10-fold increase, respectively, in sound energy, and a 50 to 90 percent reduction in the distance at which natural sounds can be heard. Based on a literature review, we found that these thresholds are known to impact human experience in parks and have a range of repercussions for wildlife.
Few escapes from noise
The good news is that in many cases, protected areas are quieter than surrounding lands. However, we found that human-caused noise doubled environmental sound in 63 percent of U.S. protected areas, and produced a tenfold or greater increase in 21 percent of protected areas.
Noise depends on how a protected area is managed, where a site is located and what kinds of activities take place nearby. For example, we found that protected areas managed by local government had the most noise pollution, mainly because they were in or near large urban centers. The main noise sources were roads, aircraft, land-use conversion and resource extraction activities such as oil and gas production, mining and logging.
We were encouraged to find that wilderness areas – places that are preserved in their natural state, without roads or other development – were the quietest protected areas, with near-natural sound levels. However, we also found that 12 percent of wilderness areas experienced noise that doubled sound energy. Wilderness areas are managed to minimize human influence, so most noise sources come from outside their borders.
Finally, we found that many endangered species, particularly plants and invertebrates, experience high levels of noise pollution in their critical habitat – geographic areas that are essential for their survival. Examples include the Palos Verdes Blue butterfly, which is found only in Los Angeles County, California, and the Franciscan manzanita, a shrub that once was thought extinct, and is found only in the San Francisco Bay area.
Of course plants can’t hear, but many species with which they interact are affected by noise. For example, noise changes the distribution of birds, which are important pollinators and seed dispersers. This means that noise can reduce the recruitment of seedlings.
Turning down the volume
Noise pollution is pervasive in many protected areas, but there are ways to reduce it. We have identified noisy areas that will quickly benefit from noise mitigation efforts, especially in habitats that support endangered species.
Strategies to reduce noise include establishing quiet zones where visitors are encouraged to quietly enjoy protected area surroundings, and confining noise corridors by aligning airplane flight patterns over roads. Our work provides insights for restoring natural acoustic environments, so that visitors can still enjoy the sounds of birdsong and wind through the trees.
The link below is to an article that takes a look at the threat posed by visitors to national parks in the USA.