General Antiquities Act

In 1906, Congress passed the General Antiquities Act. The Act, drafted by an archaeologist, gave the President the power to set aside objects and structures of historic and scientific interest as national monuments. 54 U.S.C. 320301. The Antiquities Act provides, in relevant part: 
“The President may, in the President’s discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments” and “may reserve parcels of land as a part of the national monuments.”

54 U.S.C. 320301(a), (b).  The statute also provides that “[n]o extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress.” 54 U.S.C. 320301(d). 

Presidential Proclamations designating national monuments have been challenged in only a handful of cases; in each the court has upheld the President's action. The Supreme Court has considered the Antiquities Act in three cases, each time confirming the broad power delegated to the President under the Act. United States v. California, 436 U.S. 32, 56 L. Ed. 2d 94, 98 S. Ct. 1662 (1978); Cappaert v. United States, 426 U.S. 128, 141-42, 48 L. Ed. 2d 523, 96 S. Ct. 2062 (1976); Cameron v. United States, 252 U.S. 450, 64 L. Ed. 659, 40 S. Ct. 410 (1920). Despite its age, the 1906 Antiquities Act is still used today by U.S. Presidents exercising their executive authority to elevate the protected status of lands and structures already under federal control. Approximately 158 monuments have been designated since 1906, many of which are managed by the National Park Service. https://www.nps.gov/archeology/sites/antiquities/monumentslist.htm.