September 3, 2002
By Peyton Knight
The newest threat to property rights, the foundation of American
liberty, is posed by H.R. 2388, "The National Heritage Areas Policy
Act." Sponsored by Rep. Joel Hefley (R-CO), H.R. 2388 is due for a
vote any day now in the House of Representatives. H.R. 2388 creates a
process whereby National Heritage Areas are created. It dangles federal
tax dollars under the noses of the states, essentially begging them to
designate land as a Heritage Area.
Once land is designated, it is subject to the whims and dictates of the
National Park Service, setting the stage for a myriad of property rights
abuses and land grabs. It is the key to the radical environmental plan to
return as much of the United States landmass to wilderness as possible and
to deny the use of as much land as possible to the development of new
homes, apartments, businesses, and other uses.
The reality of Heritage Areas is a history of ravishing property
rights. Heritage Areas are not simply honorary designations. They are
vehicles for "sustainable development." Once a locality receives
a "Heritage Area" designation, its zoning laws become subject to
the control of the federal government and that control, more often than
not, shuns property rights in favor of radical environmentalism.
Federal control over local zoning practices occurs in one of two ways.
It can occur directly in a binding contract between state and federal
agencies. Or it can occur indirectly with the federal government
dispersing funds to environmental agencies or preservation groups who then
draw up zoning plans that meet their narrow vision of the world. This
second vehicle is the most sinister as it gives the impression that local
control is preserved when, in reality, the federal government is just
peddling its influence through another party.
Already a bad bill, H.R. 2388 has a propensity to become even worse as
it travels through the legislative process. Amendments and revisions can
and will be made on the House floor prior to voting and, if history is any
indicator, those amendments may be something to fear.
Liberal Rep. Nick Rahall (D-WV) is one of the biggest proponents of
H.R. 2388. It should be noted that Rep. Rahall presides over the
poverty-stricken Coal Heritage Area in West Virginia. A shining example of
how Heritage Areas squelch economic development. When H.R. 2388 was being
considered for a vote in the House Resources Committee, Rahall proposed an
amendment to allow land acquisition authority. Fortunately, his amendment
was rejected. However, H.R. 2388 will go through a similar process before
the full House of Representatives and there is little doubt that Rahall
and his land-grabbing cohorts will lobby to include land acquisition in
H.R. 2388.
The Heritage Areas Act is by no means new to the scene. It existed in
the form of H.R. 5044 back in 1994 when it passed the House, but later
died in the Senate. Back then, Reps. Hefley and Rahall both sponsored an
"Early Action" section in the Heritage Areas Act. What exactly
are "Early Actions?" Let them tell you in their own words:
Section 106 (4): "EARLY ACTIONS: After designation of an American
Heritage Area, but prior to approval of the management plan for that area,
the Secretary may provide technical assistance for EARLY ACTIONS that are
important to the theme of the area and that protect resources that would
be in imminent danger of irreversible damage without such actions."
So basically, Hefley and Rahall wanted the National Park Service to
provide cash and direction to local governments to do their tyrannical
dirty work. "Early Actions" provide the bureaucrats in charge
with the power to halt development in areas that are merely proposed for
Heritage Area designation. Want to build a house on YOUR property? Not so
fast! This area could eventually become a Heritage Area, and we
think your house would endanger valuable resources. Never mind that it’s
your property. Never mind that the Heritage Area doesn’t even
officially exist. No house for you.
Economic Development
Supporters of the Heritage Areas Act are desperately trying to impress
upon an increasingly gullible public that Heritage Areas are conducive to
economic development. That this can be said with a straight face is
nothing short of incredible. The enactment of zoning restrictions is
hardly a recipe for economic health. In fact, stifling development usually
spells misery for local economies and, in these uncertain times, the last
thing communities need are federally mandated barriers to economic growth.
The hypocrisy of H.R. 2388’s supporters knows some bounds. Even they
couldn’t bring themselves to pen the words "economic
development" in the actual text of the Heritage Areas Act.
Another aspect of the Heritage Areas Act’s sordid past bears
mentioning. The 1994 version of the bill had a provision that allowed
Heritage Areas to be designated as United Nations World Heritage Sites at
the sole discretion of the Secretary of the Interior.
Section 105 (b) (3) stated that the Interior Secretary shall
"consider any American Heritage Area, designated under this or any
other Act, for the nomination to the World Heritage List if the Secretary
determines that such area meets the qualifications for such
nominations." No hearings, no debate, no nothing.
The Tyranny of Land-Grabbers
When congressional committee hearings were held on H.R. 2388, the bill’s
sponsors purposefully shut out property rights groups from voicing their
concerns. Both the American Land Rights Association and the Property
Rights Foundation of America requested to testify and both were rejected.
In fact, during debate on the bill, perennial property rights champion
Rep. Richard Pombo (R-CA), offered a commonsense amendment to H.R. 2388
calling for property owners to be notified when their land falls within
the boundaries of a Heritage Area. Incredibly, Rep. Hefley and his cohorts
voted down this amendment! It seems that they would rather landowners be
caught off-guard when the National Park Service comes for their property.
The National Heritage Areas Policy Act is just the latest attempt by
the federal government to purchase influence over local communities and
their zoning practices. This is not what our Founding Fathers envisioned.
They founded our nation on the bedrock of property rights and federalism. That
is our heritage. H.R. 2388 seeks to snuff it out.
