
Clinton's Land Designations Likely to
Stand
The Washington Times
www.washtimes.com
THE WASHINGTON TIMES
Ralph Z. Hallow
Published 2/22/01
President Bush is unlikely to try to overturn his predecessor's 11th-hour
designations of millions of acres of federal land as national monuments.
"No decision has been made by the Interior Department on whether or not to
try to overturn Clinton's national monument designations at this point," a
spokesman for Interior Secretary Gale A. Norton told The Washington Times
yesterday.
Many conservatives were upset with the way former President Bill Clinton
removed huge tracts of federal land from commercial and recreational use without
first consulting with the governors of the affected states and local residents.
Mr. Clinton made all but one of the national monument designations after
the presidential elections in November. He expanded by at least 1 million acres,
or 25 percent, the amount of land designated as national monuments, which
precludes mining, logging and recreational activities on the land.
Many conservatives, however, did not expect Mr. Bush to unilaterally roll
back Mr. Clinton's actions, believing it to be unfeasible — both politically and
legally.
Under the law, once a president designates federal lands as national
monuments, that designation cannot be removed by another president. In that
respect, congressional legal experts said, national monument designations are
not the same as executive orders, which can be reversed by a new president.
Mr. Bush said he would review Mr. Clinton's end-of-term executive orders,
but the national monuments designations are of a different nature and will
require congressional action.
However, Angela Antonelli, Heritage Foundation director for the Roe
Institute for Economic Policy, noted, "No president ever rescinded designations
made by a previous president."
There appeared to be little concern among conservatives that the Bush
administration probably will not attempt to unilaterally overturn Mr. Clinton's
designations. This suggests — to some conservatives at least — that the
property-rights movement is reflecting a political savvy and maturity indicative
of the larger conservative movement.
"One of the mistakes [Reagan administration Interior Secretary] James Watt
and his Interior Department made was being too direct and confrontational, and I
think Gale Norton understands political strategy better than Watt did," said
Clark Collins, executive director of the Blue Ribbon Coalition.
"We need to make some changes in these monuments, but we don't need to have
a lot of political bloodshed over it," added Mr. Collins, who said his coalition
represents more than 1,000 off-highway recreational users and businesses that
would be denied use of national monument lands.
While the president and the interior secretary may be legally barred from
acting without the consent of Congress in the case of national monuments, an
attempt to do so might have played well in the past with a Republican president
seeking to shore up his conservative political base.
But many conservatives say their movement has gained a considerable degree
of sophistication and moderation, especially after eight years of being out of
the White House during the Clinton era.
"People who understand it takes an act of Congress to get rid of these
designations won't be angry if Bush doesn't rescind them, and people who don't
understand are probably very angry," said Myron Ebell, international
environmental director of the Competitive Enterprise Institute.
Although Congress has the legal authority, most political observers believe
it is unlikely to move to rescind the national monument designations Mr. Clinton
made in his last three months in office.
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