National Heritage Areas are federal jurisdictions designated by Congress. Like all other federal land jurisdictions, National Heritage Areas come with federal Land Management Plans. The Land Management Plans are not created until after the map has been created and signed into law. There are 55 National Heritage Areas in the United States, with more seeking approval by Congress.
If you were to search the internet for information on National Heritage Areas, you are not likely to get past the feel-good press descriptions produced by the National Park Service. You will notice that all 55 National Heritage Areas sound just like the National Park Service though; they claim to be independent of the National Park Service and Department of Interior.
The National Park Service and Department of Interior are quick to point out that President Ronald Reagan created the National Heritage Areas. They are correct. It was the result of a compromise. For more than 10 years throughout the 1960s and 70s, the National Park Service created inventory lists and used them to reach the goals of the Outdoor Recreation Review Commission of 1962. As a direct result, the early 1970s saw an explosive use of Eminent Domain to expand or build National Monuments, Parks, Trails, Wild and Scenic Rivers and Wilderness Preserves. In October of 1976, Congress further empowered the Department of Interior by passing the 1976 Organic Act. The property owners’ response to this federal growth in land management was known as the Sagebrush Rebellion. President Reagan made the Sagebrush Rebellion part of his election campaign, and the opinions of the public and of Congress began to sour on the use of Eminent Domain for federal recreation. In 1984, when President Reagan signed the legislation for the first National Heritage Area, the country let out a sigh of relief for this new partnership that promised not to use Eminent Domain.
National Heritage Areas has told Republican politicians that President Trump supports National Heritage Areas and so, they should too. That is not true. President Trump sought to defund all National Heritage Areas. President Trump did create more National Heritage Areas and renewed others as their legislation was attached to larger Bills that he felt, needed to be passed. The newest National Heritage Areas got through as a rider. At the same time, National Heritage Areas has told Democratic politicians that a National Heritage Area is a good way to address Climate Change and end climate injustice. Brenda Barrett, Coordinator of National Heritage Areas for the National Park Service lobbies to turn the National Heritage Areas into National Park Service Units. What they don’t tell the Democratic politicians is that there are 55 National Heritage Areas in the Nation, mostly in the eastern half of the United States. Federal land ownership would no longer be concentrated in Western States. The entire state of Tennessee is in a National Heritage Area and would become federal government property if National Heritage Areas were made Units of the National Park Service.
In addition, The National Heritage Areas tell members of Congress that the people in their community want the National Heritage Area. According to Freedom of Information Requests on the Kansas Nebraska Heritage Area Partnership, the property owners in that National Heritage Area designation were purposely left out of the conversation for 5 years. The public was only made aware due to the efforts of a few citizens intent on awareness. By the year’s end of 2021, 45 of the 49 counties in that proposed jurisdiction in north-central Kansas and south-central Nebraska passed resolutions not wanting to be included in that National Heritage Area.
Property owners in Eastern Kansas took notice of the public awareness and began to ask if the land management changes in their area were the result of a federal Land Management Plan. Those who did question were shocked to discover that they too, fall within the federal jurisdiction of a National Heritage Area. Freedom’s Frontier National Heritage Area was created in 2006. Twenty-nine counties in eastern Kansas and 12 counties in western Missouri are included in that federal jurisdiction. Counties have begun passing resolutions wanting out of the National Heritage Area as the public becomes aware of them. On May 19th, 2022, Neosho County, Kansas, became the 7th county to pass a resolution wanting out of Freedom’s Frontier National Heritage Area.
Florida property owners have discovered yet another National Heritage Area attempting to create a federal jurisdiction over private property in the Florida Panhandle. The most frustrating part about this National Heritage Area is that it is assumed to go in. Even the property rights advocates are expected to embrace this jurisdiction as an extension of the many favored tourist designations found in Florida.
In Montana, Big Sky National Heritage Area proposal continues their insistence on creating a federal jurisdiction in spite of the overwhelming opposition of organizations, property owners and the Montana State Legislature.
The National Park Service never talks about the opposition to these federal jurisdictions nor the regulatory burden and takings that come with the federal Land Management Plans of National Heritage Areas. If a National Heritage Area is defeated, the National Park Service will act as if there was never an attempt at all. In fact, they tell everyone that no National Heritage Area has ever been opposed.
One example the National Park Service refusal to acknowledge is the Canyons and Plains National Heritage Area Initiative for Southeastern Colorado. That National Heritage Area was discovered by ranchers in early 2013. The ranchers organized into the Southeast Colorado Private Property Rights Coalition and began making property owners aware of the National Heritage Area Initiative. Eventually, Canyons and Plains lost all support as documented in “Scammed? Canyons and Plains National Heritage Area Initiative for Southeastern Colorado”.
None of the current National Heritage Areas that are known by property owners have given up their pursuit of partnership with the National Park Service. Nor has the National Park Service given up the desire to covet land through National Heritage Areas, in spite of the law requiring National Heritage Areas be wanted by the communities within their jurisdiction. Many of the property owners within the National Heritage Areas are still waiting for their Freedom of Information Requests to the National Park Service to be fulfilled. Property owners in Montana submitted their request for information to the National Park Service on the Big Sky National Heritage Area more than a year ago and are still waiting for that information. Since the Department of Interior is tasked with the goals of President Biden’s Executive Order on Tackling the Climate Crisis At Home and Abroad; the National Park Service no longer simply ignores the laws, they are acting as is they are now above them.
This article above was written by Angel Cushing for Protect The Harvest.
The original article can be found on their website here.