Bears Ears Shrinks by 90%, Prompting 70 Mining Claims and Federal Lawsuits
A July 2026 proclamation cut the Utah monument to 121,000 acres, triggering a legal challenge over presidential authority and a rush of extraction requests.
By Ryan Carter ·
The Trump administration cut Bears Ears National Monument in southeastern Utah by more than 90% in a July 13, 2026, proclamation, reducing the protected area from approximately 1.36 million acres to about 121,000 acres. This action follows a similar reduction in 2017 and a restoration of the larger boundaries by President Joe Biden in 2021. The latest change has placed the future of the remaining land in dispute, with legal challenges and industrial activity escalating since the summer.
The reduction has already drawn economic interest to the newly available land. Since September, multiple companies have filed more than 70 mining claims on areas removed from the monument. Under the Mining Law of 1872, claimants must identify mineral deposits, mark boundaries, and file documents with county and federal officials. While claims became formally permitted on September 11, 2026, conservation groups state that some individuals filed requests before that date, leading to disputes over the validity of those filings.
Legal proceedings regarding the monument's status have also accelerated. On October 13, U.S. District Judge Tanya Chutkan lifted stays on lawsuits originally filed against the 2017 reductions. The plaintiffs include the Southern Utah Wilderness Alliance, the Natural Resources Defense Council, the Native American Rights Fund, and tribal nations with ancestral ties to the region. At an October 15 status conference, Judge Chutkan directed parties to establish a briefing schedule and required the government to provide 48 hours' advance notice of surface-disturbing activities on excluded lands.
Heidi McIntosh, managing attorney of Earthjustice's Rocky Mountain office, argues that the president’s actions exceed the powers granted by the 1906 Antiquities Act. The statute authorizes the president to designate monuments and protect surrounding lands but does not explicitly allow for the revocation or modification of existing monuments. McIntosh states that the authority to change national monuments remains solely with Congress, positioning the Bears Ears case as a test of executive jurisdiction over federal land.
Indigenous nations view the reduction as a threat to sacred ceremonial and archaeological sites. Jessica Wiarda, a Hopi tribal member and advocate for the monument, noted that the site’s importance is reflected in the coalition of tribes formed to defend it. She described the area as historically difficult for tribes to communicate on, making the current alliance notable. Wiarda emphasized that the land contains kivas and rock art that are central to her tribe's history, stating that the removal of protections threatens these cultural artifacts.
Grant Stevens, communications director for the Southern Utah Wilderness Alliance, reported that federal agencies removed entrance signs from the monuments shortly after the July reduction. At least one sign displayed the seals of the five tribes that composed the Bears Ears Commission. Stevens said that tribal members felt the administration was erasing tribal presence and the monuments from the landscape. Wiarda said that in San Juan County, the removal of these seals shifted the mood of the entire city, with tribal members expressing concern that the government was erasing their identity.
Beyond mining, observers note interest in oil and gas drilling, a sector promoted by the administration. McIntosh described Bears Ears as one of the richest archaeological areas in the country, home to ancient cliff dwellings and rock art. She warned that the rollback could facilitate looting, as off-road vehicle access allows for the transport of stolen materials, a pattern observed before the monument was protected in 2016. The administration's approach, which Stevens characterized as acting first and asking questions later, has drawn criticism for its potential long-term impact on the landscape.
President Trump stated during the signing of the proclamation that previous presidents took land away from Utah residents. U.S. Rep. Celeste Maloy said state residents want the land available for multiple uses rather than locked up. In response to the changes, the Southern Utah Wilderness Alliance held five rallies across the state one week after the reduction. These actions, part of a 'Monumental Day of Action,' aimed to organize public support for permanent protections of the federal lands.
